Schmidt Kramer Injury Lawyers

Archive for the ‘ Car Accidents ’ Category

Feb

Avoid A Car Wreck Or Car Accident In Pennsylvania By Remembering That Aging Impacts Driving Ability!

We all age. That is a fact of life. However, we all age differently. There is no specific warning sign for a person to see that can warn he or she that there driving ability is being impacted by age. However, here are a few everyday signs to look for which may decrease the likelihood of an accident and serious injuries.

1. Aging may cause leg pain which can make it difficult to use the gas and brake.

2. Diminished arm strength from aging impacts the ability to turn the steering wheel.

3. Reduced flexibility in your neck from stiffness or pain can reduce the ability to turn your neck to see cars over your shouler when switching lanes or backing out of parking spaces.

4. Over time, we lose our attention span which makes it more difficult to keep track of all the roads signs, markings and signals.

5. Our reaction time also slows with age which makes it more difficult to slow or stop for vehicles.

6. Our eyesight changes with age. Make sure you get regular eye check-ups.

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers say that following these tips will help you avoid serious accidents. What others do you have?

As we age, it is normal for our driving abilities to be impacted. This does not mean that we must stop driving but simply means that we need to be more aware of the warning signs of aging and make any changes to our driving patterns and habits that may be necessary. This will keep you from being involved in a car accident or car wreck in Harrisburg, Central Pennsylvania and around the Commonwealth of Pennsylvania which has an aging population.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Feb

Box Truck Slams Into Two Cars And Conewago Township Home

February 16, 2012

Two people were injured after a three-car accident occurred Tuesday evening in Conewago Township, Pennsylvania. Reports from WHTM 27 News say that the accident occurred just before 5:00 PM on the 3000 block of Hanover Pike.

Reports of the incident from first responders claim that a box truck crossed over the median of the two-lane road and hit two passenger cars before slamming into the sidewall of a nearby residence. Those inside the home described the sound of the crash as that of a boulder smashing into the home.

While the truck driver and those inside the home escaped harm, the two drivers in the cars that were hit suffered serious injuries. One of the drivers was taken by helicopter to York Hospital in serious condition and has since been released. The other driver was taken to the hospital and was also treated and released.

The Conewago Township Police Department has stated that charges are pending against the truck driver in connection with the accident and will be filed upon completion of their investigation.

Large box trucks and most delivery vehicles run under the same regulations and codes that govern tractor-trailer trucks. That’s why the Pennsylvania Truck Accident Attorneys with Schmidt Kramer Injury Lawyers say it’s so important to hire an attorney if you have been involved in an accident with a commercial vehicle. Their attorneys are available anytime for a free consultation of your case.

Feb

Always Follow Child Restraint Guidelines To Avoid Serious Injuries In A Car Wreck Or Crash

The most important thing for parents to remember is that, in order to reap the safety benefits of safety seats and belts, they must be used properly.

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers say that following these tips should help keep your child safe from harm.

According to the National Highway Traffic Safety Administration (NHTSA) parents and caregivers should keep children in a restraint type seat for as long as possible before moving them up to the next type of seat. For instance, keep your child in a rear facing position as long as possible to reduce stress on the neck and spinal cord. Therefore, it is recommended to keep a child in a rear facing seat as long as the child fits within the height and weights limits.

Other safety tips include:

- Always read the child seat manufacturers’ instructions.
- Always read the vehicle owner’s manual for information on installation and how to use the seat belt or another safety device.
- Choose a car seat for your child based upon your child’s age and size.
- Never allow a child in a rear facing car seat to ride in the front seat of a vehicle with an active passenger air bag.

Unfortunately, there are car accidents and car wrecks everyday in Harrisburg, Central Pennsylvania and around the Commonwealth where children are injured because of not following the above safety tips. For more information on protecting your child from sustaining injuries in a car wreck or car accident go to the NHTSA website at www.nhtsa.gov or contact a lawyer at Schmidt Kramer Injury Lawyers.

Please let us know if you have other safety tips or advice.

Feb

State Farm Underinsured Motorist Jurisdiction Clause Enforced By Federal District Court

The Western District of Pennsylvania in Shafer v. State Farm Mut. Auto. Ins. Co., NO. 3:11-CV-174 (W.D. Pa. Feb. 8, 2012) recently addressed a jurisdiction issue involving a Pennsylvania car accident. The case involves a lawsuit filed over State Farm’s failing to pay underinsured motorist benefits after a minor was injured in a car accident. The case was originally filed in state court in Bedford County and then State Farm removed the case based upon diversity jurisdiction. The insured filed a Motion to Remand by arguing that the State Farm insurance contract contained a forum selection clause which was worded in such a way as to waive the right to remove.

The language in the State Farm policy stated that any disputes over underinsured motorist claims need to be resolved by filing a lawsuit in “a state or federal court that has jurisdiction”.

The insured argued that the clause is a forum selection clause which allowed a case to be filed in either state or federal court and could not be removed since the case was already filed in state court.

The District Court relies mainly on Craker v. State Farm Mut. Auto. Ins. Co., NO. 11-0225 (W.D. Pa. May 2, 2011) and finds that the clause is not a forum selection clause but rather explains that lawsuits are “the means by which certain disputes will be resolved.” The provision is interpreted to refer not to “where” a lawsuit must be filed but “that” a lawsuit must be filed. Therefore, the Court denies the Motion to Remand and finds that the right to remove has not been waived. For a copy of the Court’s opinion please contact Scott Cooper at SchmidtKramer Injury lawyers in Harrisburg.

Feb

District Court Renders Ruling On Timeliness Of Motion To Dismiss In UIM Case

The memorandum opinion from the United States District Court for the Eastern District of Pennsylvania in Purcell v. State Farm Mut. Auto. Ins. Co., NO. 11-7004 (E.D. Pa.) from February 10, 2012 discusses an important issue on the timeliness of filing Motions to Dismiss in federal court after a case is removed from state court. The Purcell case arises out of a car accident and the insured filed a claim in state court against her insurer State Farm for unpaid underinsured motorist benefits. As part of the Complaint the insured sought counts for breach of contract, statutory bad faith under Section 8371 and bad faith for violations of the Unfair Trade Practices Act. The case was removed from state court to federal court and then six days later State Farm filed a Motion to Dismiss.

Purcell, the insured, opposed the Motion to Dismiss by arguing that the Motion was not timely because under federal rule 12(a)it was not filed within 21 days after service of the complaint. However, the Court finds that since the action was removed from state court to federal court that Rule 81(c) applies which provides that State Farm had seven days after the notice of removal was filed to file the Motion to Dismiss. Since Rule 81 applies then the Motion was timely.

The court provides its analysis and the difference between answering under Rules 12 and 81 of the Federal Rules of Civil Procedure. There is clearly a difference in timing to answer when a case is removed.

For a copy of the Court’s opinion please contact Scott Cooper at SchmidtKramer Injury lawyers in Harrisburg.

Feb

Weekend Snow And Ice Leads To Several Car Wrecks And Injuries In Pennsylvania

February 13, 2012 - According to many newspaper and television station reports, last Saturday February 11, 2012 saw many car wrecks and accidents resulting in injuries in Pennsylvania. These crashes coincided with light snow, some ice and high winds throughout the Commpnwealth of Pennsylvania, from Philadelphia to Harrisburg and out west to Pittsburgh.

For instance in Central Pennsylvania, just outside Lewistown, north of Harrisburg, Pennsylvania State Police in Selinsgrove report two McClure residents were injured during a two-vehicle crash. Rodger Joseph Secrest was traveling eastbound along U.S. 522 just west of Beaver Springs around 1:15 p.m. when his vehicle appears to have crossed over the center line and struck a westbound vehicle operated by Ellen L. Knepp.

Police said Rodgers was transported to Geisinger Medical Center for treatment, while Knepp was transported to Evangelical Hospital in Lewisburg. For more on the accident go to the Lewistown Sentinel website at the following link:

http://www.lewistownsentinel.com/page/content.detail/id/533172/Police–Two-car-collision-involves-local-residents.html?nav=5010

This accident and wreck is just one of the many crashes which occurred over the weekend. Please remember to drive even slower when winter weather conditions cause slippery roads.

Feb

What You Need To Know About Pennsylvania Teenage Driver Laws

February 10, 2012 – Recently, Pennsylvania enacted laws which dramatically change the requirements for young drivers first obtaining their licenses. There is now a three stage program for a driver to obtain a full unlimited license. Below is a link to the Commonwealth of Pennsylvania summary of the requirments and what a driver needs to know in order to be fully compliant with Pennsylvania’s new laws and the three state process.

http://www.dmv.state.pa.us/pdotforms/young_drivers/yng_drv_fact_sheet.pdf

It is a well known fact that teenage drivers are, unfortunately, more likely to be involved in a car accident or wreck involving injury and death. This fact exists not only in Harrisburg, Central Pennsylvania, and the entire Commonwealth of Pennsylvania but all over the country. Becoming aware of the new laws will help reduce this risk.

Feb

Child Not In Safety Seat Dies In Pennsylvania Crash

February 9, 2012

The importance of buckling your child into a safety or booster seat was again highlighted yesterday when a father and young child were killed after being involved in a head-on collision with another vehicle. Reports from Channel 21 News say that the accident happened in Nicholson, Pennsylvania, yesterday morning.

Reports from the scene of the accident say that the 25-year-old father of the child veered his pickup truck into the oncoming lanes of traffic and hit another pickup truck head-on.

Officials say that the man’s child was not buckled in by a seat belt or child safety seat. Both the father and his young daughter died as a result of the crash.

The driver of the pickup that was hit suffered minor injuries and was taken to a local hospital where he was treated and released.

The National Safety Council says that automobile accidents are the leading cause of death for children between the ages of 3 and 14 years old. They add that the use of child safety and booster seats can decrease those chances of death in the event of an accident by more than half.

The most important thing for parents to remember is that, in order to reap the safety benefits of safety seats, they must be used properly.

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers say that following these tips issued by the council will help keep your child safe from harm.

Feb

Pennsylvania State House Ready To Vote On Unconstitutional Corporate Venue Law

Contact Your Pennsylvania State House Representative Immediately!

Ask He or She to “Vote NO on House Bill 1976– The Corporation Venue Protection Act”

February 9, 2012 — The Pennsylvania state house may soon vote on what will be known as the the Corporation Venue Protection Act, HB 1976, which gives corporations special rights and protections in all civil cases. The bill’s supporters spin there argument and call it a “venue shopping” bill, but the bill is really designed to protect corporations that are responsbile for injuring or killing people through reckless, intentional or reckless conduct because it applies only to venue in “actions against corporations and similar entities.”

If passed, this bill will usurp the Supreme Court’s exclusive rulemaking power on venue and all but abolish the ‘minimum contacts’ jurisdiction test. Emboldened by their win on joint and several liability, the Pennsylvania Chamber of Business & Industry admits it wants to “continue the momentum.” The Chamber is actively pushing HB 1976.

For the sake of the preserving your rights and the rights of a loved one who may be injured or killed by such conduct, it is time to push back now.

Contact your state representative to vote “no” on the HB 1976. HB 1976 is unconstitutional, departs radically from longstanding legal doctrine, and unfairly singles out corporations for protection against accountability for harms they cause to Pennsylvania families.

If this legislation becomes law it will have a dramatic impact on those injured or killed as a result of corporate misconduct in a car wreck or accident, impacted by a defective product, or any other personal injury claim (excluding medical malpractice) in not only Harrisburg, Central Pennsylvania but the entire Commonwealth.

Feb

Pennsylvania Superior Court Holds Insured Cannot Make Uninsured Motorist Claim Because Of Prejudice Suffered By Late Reporting

February 8, 2012 – In a limited, but important, opinion the Pennsylvania Superior Court issued a ruling in an uninsured motorist case on February 6, 2012. Limited to the specific facts of the case, attached is the link to the Pennsylvania Superior Court opinion in Vanderhoff v. Harleysville.

This case has been reported about for several years and was initially the subject of a Pennsylvania Supreme Court opinion in 2010 where the Supreme Court held that an insured need not report a phantom vehicle to his or her insurance company within 30 days BUT the company can deny coverage if it can show prejudice was suffered by the late reporting. Vanderhoff v. Harleysville, 997 A.2d. 328 (Pa. 2010). The case was then remanded back to the trial court for a hearing on the issue of prejudice.

At the trial court level, on remand, the insurance company presented testimony of an insurance adjuster to explain how the uninsured claim is investigated, a local attorney who testified what actions he may have taken if the claim was reported earlier than the 8 months in this case, an investigator who testified that the investigation would have been much different if reported sooner, and an accident reconstructionist to testify on the importance of timeliness in reporting. The trial court found that the evidence was insufficient to establish prejudice but as noted by the Superior Court the trial court did not provide a “explicit, distinct rationale for its finding”. The Court then finds that “[u]nder the specific facts of this case, we conclude that this argument constitutes a clear abuse of discretion…” The trial court is reversed.

http://www.pacourts.us/OpPosting/Superior/out/a29029_11.pdf

If you are in a car wreck and accident involving an uninsured or unidentified vehicle in Harrisburg, Central Pennsylvania, the Commonwealth, or anywhere and are covered by a Pennsylvania auto policy at the time of an accident which results in injury, then uninsured motorist coverage is something that may be very important. Contact our lawyers at SchmidtKramer Injury Lawyers to discuss the importance of uninsured motorist coverage and how to make an uninsured motorist claim.

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