Schmidt Kramer Injury Lawyers

Archive for the ‘ Car Accidents ’ Category

Mar

Perry County Fatal Accident Reminds Everyone To Watch For Increased Motorcycles On the Road Now That Spring Is Here!

March 14, 2012 – Reports from the Carlisle Sentinel today are that a Perry County man from Newport was killed and a woman seriously injured after a motorcycle crash on Route 34 in Oliver Township, Perry County last night, march 13, 2012. According to the Pennsylvania State Police, Joe Baker was traveling north on Route 34 on his 2004 Harley-Davidson and was attempting to drive on a right curve when he left the lane of travel, went into the southbound lane and exited the north side of the roadway. The motorcycle traveled about 300 feet through nearby yards, striking a yard swing and then began to tumble across the yard, throwing both Baker and his passenger, Christine Crater of Newport. Baker was killed and Crater suffered major injuries.

With Spring here remember that there will be an increase in motorcycle, bicycle and pedestrian traffic on the roads.

For more on the tragic accident go to the Carlisle Sentinel website at the following link:

http://cumberlink.com/news/local/crime-and-courts/one-dead-one-injured-in-motorcycle-crash-in-perry-county/article_5fd6ade6-6d76-11e1-8854-0019bb2963f4.html

The Pennsylvania motorcycle accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a motorcycle accident or car wreck in Harrisburg, Central Pennsylvania and around the Commonwealth.

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

Mar

Watch For Car Accident/Car Wreck Risks Associated With Daylight Savings Time Change

The change to Daylight Savings Time this week may allow everyone to enjoy an extra hour of daylight after work and school. However, the lost hour may be associated with some health risks that people should be aware of in order to avoid the possiblity of car accidents or car wrecks which result in serious injury.

Studies show that there is an increase in car crashes in the week after changing the clock forward an hour. Sleep habits change and accidents happen when a person is deprived of sleep. For a person with good sleeping habits it takes about five (5) days to adapt to the time change. A person without good sleep habits may take longer to adapt. The loss of sleep also adds stress and distractions to people operating cars and heavy machinery.

To ease the transition to Daylight Savings Time and avoid accidents some suggestions are to increase exercise and immediately try to expose yourself to daylight upon waking up.

What other tips or advice do you have to help adapt to the change in time and avoid accidents?

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a car accident or car wreck in Harrisburg, Central Pennsylvania and around the Commonwealth, especially if you have been seriously injured by another driver’s negligent or recklessness who have been driving under fatigue or distracted.

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Mar

Hit And Run Driver Turns Himself In – But Why Was He Even On The Road?

March 12, 2012 – Below is an article from the March 12, 2012 edition of the Chambersburg Public Opinion about a tragic hit and run accident which occurred on March 7, 2012 in Franklin County. The driver has been arrested and turned himself in. But it appears he had a long history of driving issues. Why would the local District Attorney not have him in prison before this event to prevent this from occurring?

By SAMANTHA COSSICK, Staff writerpublicopiniononline.com

Click photo to enlargeLeon C. Deardorff Jr. has been charged in a fatal truck-motorcycle crash. (Courtesy photo)«12» CARLISLE — A Mercersburg man wanted for his involvement in a fatal hit-and-run crash Wednesday voluntarily surrendered himself to police at 9 p.m. Saturday.

Leon Chalmers Deardorff, Jr., 29, of 14426 Dutchtown Road, Mercersburg, surrendered himself to troopers from the Pennsylvania State Police Chambersburg barracks in the borough of Carlisle, police said in a public information police report.

“We met him at a location. We were notified by an acquaintance of his that he wanted to turn himself in,” said Corporal Brad Ford with PSP Chambersburg.

Troopers from the Chambersburg barracks then met Deardorff outside on East North Street in Carlisle where he was “very cooperative,” he said.

Deardorff’s 2002 Isuzu truck, which had sustained damage to the right rear, was taken in by police as evidence, Ford said.

“We did a search warrant and seized the truck,” he said.

Deardorff was awaiting processing Saturday night but was transported to Franklin County Jail Sunday where he will have his preliminary arraignment, Ford said.

“He’s in Franklin County Jail now,” he said. “The judges come in in the morning and arraign them on the weekend.”

Deardorff had been wanted for fleeing the scene of a hit-and-run accident Wednesday that resulted in the death of Keith Monninger, a 37-year-old Greencastle businessman and father of three.

Monninger was killed in the crash around 7 p.m. Wednesday at Molly Pitcher Highway South (U.S. 11) and Social Island Road in Guilford Township. His motorcycle and a white box truck collided, according to state police.

Franklin County Coroner Jeffrey Conner declared Monninger dead at the scene. Monninger suffered multiple blunt force injuries, Conner said in a previous report.

Police have charged Deardorff with homicide by vehicle, accidents involving death or personal injury, accidents involving death or personal injury while not properly licensed, and additional misdemeanor and summary offenses. Deardorff was driving the truck while his license was suspended for driving under the influence, according to Trooper Michele Davis in a previous report.

The affidavit supporting the charges filed Thursday with Magisterial District Judge Kelly Rock indicates that Deardorff probably knew he had been in a crash with a motorcycle.

Senior staff writer Jim Hook contributed to this report.

Samantha Cossick can be reached at scossick@publicopinionnews.com and 262-4762 or follow her on Twitter at @SCossickPO.

http://www.publicopiniononline.com/ci_20149728/update-mercersburg-man-turns-himself-fatal-hit-and

Mar

Remember – Texting And Driving Now Illegal In Pennsylvania

March 9, 2012 – According to the York Daily Record, police in South Central Pennsylvania are trying to educate teens about the new texting while driving ban and at least one legislator believes hand-held cellphones will be addressed in the near future. The paper reports that Southern Regional Police officers handed out fliers to Susquehannock High School students Thursday, March 8, 2012, about the new texting while driving ban, which went into effect that day.

The new law prohibits drivers from sending, reading or writing any text-based message from any interactive wireless device while driving. Police can stop a driver who is violating the law. No other offense needs to be committed. The fine is $50 and if you are cited more than four (4) times it can be as high as $1,000.

State Rep. Eugene DePasquale, and also Auditor General candidate, who has supported the legislation for five years, says word is getting out about the new law, but “we have a lot of work to do to end this dangerous behavior” and he believes a ban on handheld cellphones while driving will be discussed.

For more on the efforts of police to educate teens about the new law, see the March 9, 2012 online edition of the York Daily Record at the following link:

http://www.ydr.com/local/ci_20135302/police-try-educate-teens-about-new-texting-while

The Schmidt Kramer Injury Lawyers encourage parents to also have an open discussion with their teens about the new law and the dangers of texting while driving.

Mar

Harrisburg Teen Injured After Illegal Street Race Results In Crash

March 8, 2012

Illegal street racing is dangerous to both the drivers and other motorists on the road who may be innocent bystanders. One Pennsylvania teen learned that lesson Monday night after being injured in an accident stemming from a street race.

According to reports from WHTM 27 News, the accident happened just before 10:30 p.m. on the Market Street Bridge in Harrisburg, Pennsylvania. Witnesses to the crash say that the 16-year-old West Shore teen was racing another driver when he attempted to illegally pass other vehicles on the bridge. While passing, he inadvertently sideswiped a car, causing him to lose control and crash over the bridge’s guard rail and into an embankment. The teen was thrown from the vehicle and suffered serious facial and head injuries.

An independent study conducted by an anti-illegal street racing group found that drivers ages 15 to 24 years old account for nearly 60% of the total number of fatalities attributed to street racing. So, why are teens at such a high risk of being injured or killed in these high-octane crashes?

One study shows that the part of the brain that inhibits risky behavior is not fully developed until the age of 25—and sometimes even later in males.

The Harrisburg Car Accident Attorneys with the Schmidt Kramer Injury Lawyers encourage parents to have an open discussion with their teens about the dangers and responsibility that comes with the privilege of driving.

Mar

Pennsylvania Teen Drivers – Remember The New Laws Which Apply When First Obtaining Your License

March 8, 2012 - Pennsylvania enacted laws last month 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.

News reports are that five students from New Oxford High School in Adams County were killed Monday in a two-vehicle crash on Route 94, Adams County, moments after school let out for the day. The five teenagers who were killed Monday afternoon March 5, 2012 on Route 94 in Adams County were all students at New Oxford High School, according to the Adams County Coroner. The victims were identified as Oscar Banda, a junior at New Oxford; Chelsea McFalls, a sophomore; Casey Sheridan, and a junior; Anthony Campos, a junior, and Diego Aguilar, a New Oxford High junior. Felix identified Oscar Banda as the driver of the blue Saturn in which the teens died.

The investigation is ongoing. If you have information on the accident please contact the police. Further details are in the Lebanon Daily News at the link below:

http://www.ldnews.com/ci_19477063

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have regarding your insurance and if you are injured in a car accident or car wreck in Harrisburg, Central Pennsylvania and around the Commonwealth, especially if you have been seriously injured by another driver’s negligent or recklessness.

Mar

Save On Auto Insurance Without Limiting Your Rights!

March 6, 2012 – In these tough economic times, many people want to save on auto insurance. Unfortunately, many times people save on auto insurance in Pennsylvania by cutting back on important benefits such as uninsured motorist coverage, underinsured motorist coverage, stacking and even buying limited tort which restricts their rights to sue for non-economic damages. Thus, they limit the rights they or a household member have if injured in an car accident or car wreck anywhere in Pennsylvania. This includes even if they are injured as a pedestrian or on a motorcycle.

The insurance companies do not tell you that a person can save on insurance by shopping around and looking for some specific situations which decrease your premium but do not decrease your rights. Here are a few:

1. If you haven’t been in a car accident this year or over a certain number of years.

2. If you are over 25 years of age.

3. If you drive less than 40 miles per day.

4. If your car has air bags.

5. If your car has an anti-theft device.

6. If you insurance all vehicles in the household on the same policy.

7. If you have all of your household insurance for all needs with the same company.

What other ways can you find to save on your insurance premiums without infringing on your rights?

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

Mar

Spring Is Almost Here – Safe Driving Tips

What safety tips will you follow as Harrisburg, Central Pennsylvania and the entire Commonwealth moves from snow and ice to the rain, potholes and the nice Spring weather?

What actions and precautions do you take to avoid a car wreck or car crash and possible serious injuries?

Here are a few that you should remember as Spring approaches in Pennsylvania:

Keep an eye out for potholes. Very often, snow and ice in Winter create dangerous potholes and hitting a pothole can blow a tire and misalign your car’s steering.
Be aware of hydroplaning in spring storms.
Be aware of the additional cars and bicycles on the roads, especially motorcycles. The nice weather brings out more drivers and bikers.
Watch for increased pedestrians. The nice weather also will show an increase in pedestrians walking on the road.
Check your wiper blades. This is a good time of year to replace them.

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

Mar

REMINDER – Pennsylvania’s New Texting While Driving Law Takes Effect March 8, 2012!

March 2, 2012 – Below is an excellent article from Greg Gross of the York Dispatch in South Central Pennsylvania giving an overview and summarizing the new law on texting while driving which takes effect throughout Pennsylvania on March 8, 2012. The new law should reduce the number of car wrecks and accidents in Pennsylvnaia. Every Pennsylvania driver should be aware of the new law as well as every out of state driver since Pennsylvania is bordered by many other states such as West Virginia, Ohio, New York, Maryland, New Jersey, and Delaware.

Here is part of the the article. For the full version go to the newspaper website at the following link: http://www.yorkdispatch.com/news/ci_20078695

The law prohibits drivers from using an interactive wireless communication device — defined by the law as a wireless phone, personal digital assistant, smartphone, portable or mobile computer or similar device — to send, read or write a text-based message when the vehicle is in motion. Such messages include text and instant messages, emails or other written communication, the law says.

However, there are some exceptions to the law. Drivers in cars that have an integrated phone system, which is built into the car and includes voice control, will be able to text from behind the wheel.

Calls OK: The law makes texting while driving a primary offense, meaning police officers can pull a driver over if they see the driver texting.

The law does not, however, ban drivers from using cell phones altogether. Drivers can still type a number into a phone to make a phone call.

When the law was passed, some elected officials called texting one of the most dangerous distracted driving activities.

Drivers who text are 23 times more likely to be in a crash, according to the federal National Highway Traffic Safety Administration.

Josh Smith of Glen Rock said the law may be difficult for police officers to enforce but should scare people into not texting while driving.

“I hope it saves lives. I really do,” he said.

By the numbers

$50: The fine for drivers caught texting while driving

40: Percentage of teens said they’ve been in a car when the driver used a cell phone in a way that put people in danger

4.6: Seconds a driver’s eyes are off the road when sending or receiving a text message.

16: Percent of fatal crashes in 2009 involving reports of distracted driving.

20: Percent of injury crashes in 2009 involving reports of distracted driving.

Sources: Pa. Senate Bill 314 and the National Highway Traffic Safety Administration.

– Reach Greg Gross at 505-5434, ggross@yorkdispatch.com, or follow him on Twitter at twitter.com/greggrss.

The Pennsylvania car and truck accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a car accident or car wreck with another driver in Harrisburg, Central Pennsylvania and around the Commonwealth, especially if you have been seriously injured by another driver’s negligent or reckless conduct such as texting while driving.

Mar

Sackett Line Of Cases Followed By Trial Court To Award Stacking On 4 Car Policy

In Bumbarger v. Peerless Indemnity Insurance Company, No. 2010-1563-CD (Ammerman, J. Clearfield County Feb. 3, 2012) a trial court recently addressed a stacking issue involving the application of the “Sackett” line of cases from the Pennsylvania Supreme and Superior Courts to a stacking argument. In this case, Bumbarger initially had a 2 car policy in 2007 and rejected stacking. She then added a third vehicle later in 2007 and a fourth vehicle early in 2009. At no time when the additional vehicles were added to the policy was a new rejection of stacking waiver signed. She was then injured in a car accident with an uninsured motorist in December 2009, after all of the vehicles were added.

She made a claim for stacked uninsured motorist benefits by claiming that Peerless owed her stacked coverage because a new rejection of stacking form was never executed after the initial rejection form was signed for the two car policy. Peerless denied that stacking applied because it believed that the vehicles were added by default under a “newly acquired auto” clause. The trial court finds that the vehicles were not added by default under the “newly acquired auto” clause but were added instead by endorsement. The default addition of vehicles only applies when the company is covering a vehicle it does not know about. In this case, the company already knew about the new vehicles before they were added to the policy by endorsement. Thus, under the Sackett line of cases, stacking applies.

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

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