Schmidt Kramer Injury Lawyers

Archive for the ‘ Truck Accidents ’ Category

May

Truck Driver Responsible For Fatal Crash After Doctoring Logbooks

May 10, 2012

Commercial truck drivers in Pennsylvania are regulated by laws and codes to keep both the truck drivers and other motorists around them safe. One of the most important regulations for truck drivers to manage is the number of hours they drive.

Federal law mandates that truck drivers get 10 hours of rest after an 11 hour driving shift in order to prevent them from driving while drowsy. Straying from this by driving more hours per day is strictly prohibited and punishable by law. It could also be considered negligence if an accident was to occur.

Take, for instance, the case of a 58-year-old truck driver who was recently sentenced to 18-months in prison after faulty brakes on his truck were the cause of a fatal accident on a Philadelphia highway in January 2009. According to ABC 27 News, police determined that the driver had made 15 false entries into his truck’s logbooks regarding his rest hours and maintenance of his vehicle.

He pleaded guilty in October 2011 to charges of vehicular homicide and also was sentenced to probation.

Pennsylvania Truck Accidents can be very difficult to understand due to the fact that commercial trucks are controlled by a different set of rules than average passenger vehicles. That’s why the Pennsylvania Personal Injury Lawyers with Schmidt Kramer Injury Lawyers suggest talking with an experienced attorney if you’ve been hurt in an accident involving a tractor-trailer.

Mar

Traumatic Brain Injuries Are Often Not Recognized But Become More Prevalent

March 16, 2012 – According to statistics compiled by the U.S. Centers for Disease Control and Prevention (CDC), traumatic brain injuries (TBIs) are emerging as a major problem in the United States, including Pennsylvania. The estimates are that 1.7 million people suffer a TBI each year. TBIs can cause permanent disability and, in some cases, even death. Of the 1.7 million people who suffer a TBI each year, roughly 275,000 are hospitalized and approximately 52,000 are killed.

A TBI is very often not recognized and can be easily mis-diagnosed. This happens very often in car accidents and car wrecks in Pennsylvania where the injured person sustains a concussion. A TBI can be caused by any blow or jolt to the head that causes a disruption of normal brain function. Falls – either in the home or workplace – are a leading cause of traumatic brain injuries. It is also not uncommon for motor vehicle accident victims to suffer TBIs: the violent stop-and-go motion of a car crash causes the brain to move and strike the inside of the skull, which can result in bleeding or more serious injury.

If you think you have suffered a TBI you should seek medical attention immediately.

The Injury Lawyers with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a car accident or car wreck or believe you have been mis-disagnosed by a provider 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

Bus And Tractor Trailer Collide In Western PA; One Dead, 21 Injured

March 15, 2012

A collision between a bus and a tractor-trailer Wednesday injured 21 children and killed the truck driver. According to Channel 21 News, the accident happened at 2:30 p.m. on Route 281, near Rockwood, Pennsylvania.

A Turkeyfoot Valley Area School District bus was returning students and two adults from a field trip to a vocational and technical school in Somerset, Pennsylvania. A spokesman for the Pennsylvania State Police, Steve Limani, says that the driver of the tractor-trailer crossed over the median and collided with the bus head-on. The truck driver was killed instantly and was declared dead at the scene of the crash.

Those who were injured on the bus were taken to several different local hospitals to receive treatment for injuries sustained in the crash. Their injuries ranged from minor, with patients being treated and released, to more serious cases. One woman remains in critical condition, while several other people are listed in fair condition.

Data from the National Transportation Safety Board (NTSB) shows that 31 percent of all tractor-trailer accidents are caused by driver fatigue. The agency added that just because a driver is not yawning doesn’t mean they aren’t fatigued.

The Pennsylvania Truck Accident Attorneys with Schmidt Kramer Injury Lawyers wish all of those who were injured in this accident a speedy recovery. The firm would like to send their thoughts to the family of the trucker who died in the accident as well.

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

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?

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.

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.

Feb

Truck Driver Charged In South Central Pennsylvania Crash In Conewago Township

(2/28/2012) - According to the Hanover Evening Sun, the man accused of causing a four-car accident in Conewago Township, while driving without a license, waived his right to a preliminary hearing and will see his charges move forward to county court. Rodrigo Vagner Chillogallo-Malacatus appeared in Adams County Central Court last Wednesday morning to sign paperwork and to agree, through a Spanish interpreter, to a March arraignment.

The investigation into the trucker so far reveals that Chillogallo-Malacatus, a citizen of Spain, is charged with a third-degree felony count after police say he caused a Valentine’s Day accident on Route 194 that injured others while driving without a valid license. He also faces one count each of careless driving and driver required to be licensed, both summary offenses.

Also in question is the driver’s legal status after police determined he’s a citizen of Spain and in the United States illegally. Police said Chillogallo-Malacatus left the United States in July of 2011 with the proper passport stamps, but did not subsequently get the required stamp to return and remain in the country. Despite this background, Chillogallo-Malacatus was traveling toward Littlestown around 5:30 p.m. in a white box truck, in the area of VCA Conewago Animal Hospital. He lost control of the vehicle “for unknown reasons” and crossed the yellow line, striking two sport-utility vehicles traveling in the opposite direction toward Hanover, police have said.

The resulting wreck sent the driver of one sport-utility vehicle to York Hospital via helicopter and the driver of the other to Hanover Hospital via ambulance.

Two people in a fourth vehicle subsequently struck by one of the sport utility vehicles were not injured. The box truck is registered to UST Transportation, of Lawrenceville, N.J., and it’s believed it was being used for mattress delivery for Sleepy’s.

Why was an interstate trucking company employing the driver? Why was a national mattress company employing a trucking company which allows an unlicensed driver to operate interstate trucking routes? These are surely issues that will be investigated.

Chillogallo-Malacatus is set for a March 27 arraignment.

For more information on the investigation and crash see the Hanover Evening Sun at the link below: http://www.eveningsun.com/ci_20022882?IADID=Search-www.eveningsun.com-www.eveningsun.com

The Pennsylvania 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 a truck in Harrisburg, Central Pennsylvania and around the Commonwealth, especially if you have been seriously injured by another driver’s negligent or reckless conduct.
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

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