Pittsburgh Medical Malpractice Blog

A report released by the National Highway Traffic Safety Administration reports that there were 41,057 motor vehicle related deaths in 2007. According to its 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured, there was a drop in total deaths from 42,708 deaths in 2006 to 41,059 fatalities in 2007, a 3.9% decrease. The report also indicated a decline in the number of motor vehicle injury victims, from 2,575,000 injuries in 2006 to 2,491,000 injury victims in 2007.

Being involved in a motor vehicle accident impacts on your property, your health and even your life. Such accidents occur because of driver error, negligence, and manufacturing defects. No matter what the cause or result, a motor vehicle accident can turn your life into a prolonged struggle.

For decades, our personal injury lawyers have focused on our clients needs, and we have never lost sight of who we represent and why. We have represented clients in cases involving private passenger vehicles, commercial trucks, motorcycles and pedestrian accidents. Our primary goal is to achieve the best possible result for all of our clients. Our commitment to our clients starts from the beginning with our intake process. At every stage of your case, our attorneys track the progress of your case with personal involvement to protect your interests. Contact the Pittsburgh, Pennsylvania law firm of Rosen Louik & Perry, P.C. for your FREE consultation today.

The driver of a motorcycle died in Pittsburgh’s Point Breeze area of the city after colliding with a car. The crash happened at Penn and Dallas Avenues in the mid-morning on Tuesday, August 5th. The 29 year-old driver of the motorcycle was pronounced dead at UPMC Presbyterian Hosptial. No charges have been filed, and the accident is still under investigation.

With warmer weather, more motorcyclists are taking to our roads. According to the National Highway Traffic Safety Administration 4,810 motorcyclists died in deadly highway crashes in 2006—a number that grew for the ninth year in a row. Even more frightening is the fact that over one of every nine road fatalities in 2006 involved a motorcyclist.

Why do motorcyclists continue to be involved in accidents? Some of the reasons are:

· The small size of a motorcycle makes it more difficult for other drivers to see and motorcycles often
fallout of view behind larger vehicles like commercial trucks.
· Often it is difficult to determine how fast a motorcyle is moving.
· Motorcycle riders have only protective clothing standing and helmets between their bodies and the
impact of a collision.

The National Highway Transportation Safety Administration has made some recommendations to help prevent motorcycle accidents. To view those recommendations, visit the NHTSA’s website at http://www.nhtsa.gov/planners/ShareTheRoad2008/emm/fact.doc.

If you or a loved one has suffered serious injuries in a motorcycle accident, contact our personal injury lawyers at Rosen Louik & Perry, P.C. to find out about your right to seek damages that will cover your medical bills, wage loss and also compensate you for your pain and suffering.

At Rosen Louik & Perry, P.C. our lawyers are experienced with personal injury and wrongful death claims resulting from motorcycle accidents, auto accidents, truck accidents and other serious accidents. Our Pittsburgh, PA law firm also handles catastrophic injury cases involving brain/head injuries and spinal cord injuries. Contact us today for a free consultation.

Continue Reading “Point Breeze Car-Motorcycle Crash Kills Bike Driver”

A recent study published by the Associated Press notes that hundreds of thousands of tractor-trailer and bus drivers in the nation with commercial driver's licenses should not be behind the wheel because they qualify for full federal disability payments. Many of these drivers have suffered seizures, heart attacks or unconscious spells while driving that led to deadly crashes on highways.

The U.S. agency in charge of assuring that these unfit drivers are not on the road, the Federal Motor Carrier Safety Administration, has stated that it has not completed any of the recommendations that U.S. safety regulators proposed in 2001. Two of those recommendations prohibit truck drivers from “doctor shopping,” which allows them to find a doctor willing to ignore disqualifying health conditions, and establish minimum standards to determine when truck drivers are no longer medically safe to get behind the wheel.

The latest information gathered by the Transportation Department in 2006 showed at least 7.3 million commercial driver violations. Further, truckers in violation of federal medical rules were apprehended in all fifty states. A 2007 federal safety study found that drivers falling asleep or becoming physically impaired while on the road were among the leading causes of serious trucking accidents.

This situation exists despite years of government warnings and hundreds of deaths and injuries. Regardless of the circumstances of your trucking accident―whether you were hit by a coal truck, a construction vehicle backed into a roadway, or a sleep-deprived driver of a big rig who has altered a log book to conceal excessive hours of service, you deserve to know what happened and to receive fair compensation from those responsible for your injury or loss. Over the years, our Pittsburgh, PA personal injury law firm has successfully pursued claims for clients who have been the victims of trucking accidents. If you or a member of your family has suffered serious injury in a commercial trucking accident, and you would like our experienced trial lawyers to review your case, please contact the personal injury law firm of Rosen Louik & Perry, P.C. in Pittsburgh, Pennsylvania, to arrange a free consultation.

Driver fatigue is a primary cause of trucking accidents. Nevertheless, in December, truck safety advocates asked a federal court to block a ruling by the Transportation Department that permits commercial truckers to work longer hours. The Bush Administration had increased the number of hours, from 10 to11, that truck drivers could work without a break. Drivers are also allowed to drive up to 70 hours a week.

According to the The Federal Motor Carrier Safety Administration’s Web site, the rules pertaining to the hours of service for truck drivers are as follows:

• Commercial Motor Vehicle (“CMV”) drivers can only drive 11 hours maximum after 10 hours off duty.
• CMV drivers cannot drive after the 14th hour on duty.
• CMV drivers cannot drive after 60/70 hours on duty within 7/8 workdays in a row.

Truck safety advocates were able to convince a federal court to block the implementation of the rule concerning 11 hours of continuous driving. However, The Federal Motor Carrier Safety Administration was still able to implement an interim rule that mirrors the one blocked by a federal court. Advocates are now challenging the interim rule in federal court.

The consequences of a trucking accident can be catastrophic. Because of a tractor-trailer's size and weight, the injuries and damages resulting from accidents involving this type of motor vehicle tend to be more severe than injuries involving car accidents. The injuries in truck accidents are often serious, including traumatic brain injury (TBI), closed head injury, spinal cord injuries, amputations, paralysis, internal injuries, neck and back damage, and even death.

Over the years, our firm has helped many of our clients who have been the victims of truck accidents. If you or a member of your family has suffered serious injury in a commercial trucking accident, and you would like a lawyer to review your case, please contact the personal injury law firm of Rosen Louik & Perry, P.C. in Pittsburgh, Pennsylvania, to arrange a free consultation.

Hours of Service Regulations

Read More Lawsuit Seeks to Limit Truckers’ Hours

Police in Greene County reported a fatal crash involving a three month pregnant woman on Sunday morning. Her 37-year old passenger was ejected from the vehcile and is listed in critical condition.

Motor vehicle accidents can lead to serious, life altering, and permanent injuries, as well as death. If another person or party’s negligence caused the accident, it is important that you contact a personal injury lawyer who can help you evaluate the extent of your injuries and file a claim for you. Often, insurance companies try to settle claims quickly and inexpensively without concern for your best interest, and it is not uncommon for insurance companies to try to settle accident claims for less than what you are actually entitled to.

Our personal injury lawyers represent people injured in all kinds of motor vehicle accidents involving cars, trucks, motorcycles and other motor vehicles. A good personal injury attorney can help you recover compensation for your injuries, including medical bills, pain and suffering, and/or any lost wages.

If you or a loved one has been seriously injured in a motor vehicle accident, in the state of Pennsylvania, or its surrounding states, due to the negligence of someone else, it is important that you speak with a personal injury lawyer who specializes in representing victims of motor vehicle accidents. Filing an injury claim can be complicated, and you want to retain the services of an attorney who can help you obtain the best results for your case, as well as the maximum recovery possible. Contact the experienced personal injury lawyers at the Pittsburgh law firm of Rosen Louik & Perry, P.C. for a FREE consultation.

Continue Reading “SUV Crash Kills Pregnant Woman in Greene”

Last year, a Cranberry man and two of his three triplets were killed when a wood-chipper broke free from a truck and slammed into their minivan on Route 8 in Richland Township. The driver of the truck, Bradley Demitras, 35, of Pine Township, was sentenced Tuesday to nine to 18 months in prison and six years of probation on involuntary manslaughter and other charges. Prosecutors said the chipper came free from Demitras' truck and went into the opposing lanes, killing Spencer Morrison and his 4-year-olds, Alaina and Garrett, on April 13, 2006.

According to the The Pennsylvania Department of Transportation’s 2001 Pennsylvania Crash Facts and Statistics; approximately 131,292 car accidents occurred in Pennsylvania, leaving 117,860 people injured and 1,532 people dead. Although this number has steadily decreased in the past years due to use of safety belts, a reduction in alcohol consumption, safer vehicles, and stricter motor vehicle laws, the number is still alarmingly high.

If you or a loved one has been seriously injured in a motor vehicle accident, in the state of Pennsylvania, due to the negligence of someone else, it is important that you speak with a personal-injury lawyer who specializes in representing victims of motor vehicle accidents. Filing an injury claim can be complicated, and you want to retain the services of an attorney who can help you obtain the best results for your case, as well as the maximum recovery possible. Contact the experienced personal injury lawyers at the Pittsburgh law firm of Rosen Louik & Perry, P.C. for a FREE consultation.

Continue Reading “Driver Sentenced for Chipper Crash that Killed Dad and Kids

According to the AAA Mid-Atlantic Report, the number of motorcycle accidents has increased over 70 percent in the last five years and have tripled over the last decade. This recent increase in motorcycle accidents is due, in part, to an increase in motorcycle riders. According to the US National Highway Transportation Safety Administration, older motorcycle riders (40 and over) now account for about half of all motorcycle fatalities. NHTSA data shows that in 2005, 47 percent of motorcycle riders killed in crashes were age 40 or over, compared with 25 percent ten years earlier.

The Insurance Information Institutes published statistics in 2005 regarding motorcycle accidents:

§ In 2005, 4,553 people died in motorcycle crashes, up 13.0 percent from 4,028 in 2004. The 13 percent increase was the largest annual increase since 1977.
§ Motorcycle crash fatalities have increased for eight years in a row.
§ 5.8 million motorcycles were on U.S. roads in 2004, compared with 133.3 million passenger cars.
§ Motorcycles accounted for 2.4 percent of all registered motor vehicles and 0.3 percent of vehicle miles traveled in 2004.
§ Approximately 88,000 motorcycles were involved in crashes in 2004.
§ Motorcyclists were 34 times more likely than passenger car occupants to die in a crash in 2005, per vehicle mile traveled, and 8 times more likely to be injured.

Injuries sustained in a motorcycle accident can be life threatening—even fatal. Some of those injuries include:

§ Head injuries
§ Spinal cord injuries
§ Helmet injuries
§ Neck injuries
§ Road rash
§ Severed limbs

If you have been injured in a motorcycle accident due to the neglience of someone driving a car or another type of motor vehicle, please call the Pittsburgh personal injury law firm of Rosen Louik & Perry, P.C. Our personal injury lawyers have successfully represented motorcyclists who were injured while riding a motorcycle. If you have been in a motorcycle accident, contact Rosen Louik & Perry, P.C. to set up your FREE, no obligation consultation. We will protect your rights and do our best to obtain for you the maximum recovery possible for your injuries.

Resources:
Insurance Information Institute
National Highway Transportation Safety Administration

Crash Kills Biker, Trooper Motorists Injured in Route to Scene, post-gazette.com, April 25, 2007

Allen Smith, a former trucker driver who publishes a blog, the TruthAboutTrucking.com, has listed the Top 10 Causes of Truck Accidents as follows:

1. Prescription Drug Use 26%
2. Traveling Too Fast 23%
3. Unfamiliar with Roadway 22%
4. Over-the-counter Drug Use 18%
5. Inadequate Surveillance 14%
6. Fatigue 13%
7. Illegal Maneuver 9%
8. Exterior Distraction 8%
9. Inadequate Evasive Action 7%
10. Aggressive Driving Behavior 7%

Pennsylvania’s highways are major trucking routes making the danger of trucking accidents even higher. Injuries caused by moving truck accidents are often severe to catastrophic. The Pittsburgh law firm of Rosen Louik & Perry, P.C. represents plaintiffs in wrongful death and catastrophic injury cases statewide in Pennsylvania. If you or someone you know has been injured in a trucking accident, our experienced attorneys will discuss your situation and go over the options available to you. Contact us today for your FREE consultation.

According to the Center for Injury Research & Prevention at The Childrens’ Hospital of Philadelphia, young drivers between the ages 16-20 years are at a high risk for both fatal and non-fatal crashes, with the highest per capita and per-mile-driven crash rate of any age group. Motor vehicle crashes are the leading cause of teen deaths, accounting for 44% of teen fatalities in the U.S. If these crash fatalities continue without intervention, 100,000 adolescents and young adults will die in young driver crashes (drivers between the ages of 16 and 24 years) in the U.S. over the next 10 years.

Recent crash data from a new AAA Mid-Atlantic report says that licensed, underaged drivers, ages 16-17, are just as likely to get into fatal crashes from Monday through Friday between 3 and 5 p.m. as they are between 9 p.m. 2 a.m on weekend nights. Data shows that between 2002 and 2005:

· 1,100 teen drivers were killed during the hours right after school.

· 1,237 were killed during the weekends.

AAA Mid-Atlantic is urging parents to be just as vigilant when monitoring their teen drivers after school as they are on the weekends. Pennsylvania and 43 other states have already imposed driving limits for licensed teen drivers who are forbidden to drive between 12 and 5 A.M. unless they are accompanied by a parent or guardian or driving for work-related reasons.

According to the National Highway Traffic Safety Administration, graduated drivers license (GDL) programs are helping to reduce teen driving deaths. States began enacting GDL laws in the 1990s. The graduated license program is a three-stage license phase-in process that allows young drivers to gain experience before receiving a full-privilege license. Latest data from NHTSA show that the fatality rate for 16 to 20 year old vehicle occupants in motor vehicle crashes per 100,000 population was 27.07 in 2004, down from 27.67 in 2003 and 30.46 in 1994. The 2004 rate was the lowest since record keeping began in 1975.

Pennsylvania has adopted the GLD program. The intention of the Pennsylvania Department of Transportation's licensing process is to make every teenager understand that driving is a responsibility. One of the best teachers of this is experience, which PennDOT's graduated licensing system provides.

GDL involves a series of graduated steps new drivers must take to become fully licensed―beginning with the learner's permit. They practice driving with supervision, take the road test, get a junior license, take a driver's training course, and finally get their full license.

There are also things parents can do to help eliminate some distractions their teens may have.

No cell phones in the car
No other teens in the car during the first 3 months of driving
No more than one teen passenger for the first year of driving

Rosen Louik & Perry, P.C.is a personal injury law firm representing clients throughout the State of Pennsylvania. If you or someone you know has been injured in a vehicle-related accident, our experienced attorneys will discuss your situation and go over the options available to you. We also work with the insurance companies and other parties involved in your case to make sure that all your needs are handled quickly and appropriately. Contact Rosen Louik & Perry, P.C. for your free consultation.

ResourcesAAA Mid-Atlantic
Pennsylvania DMV
National Highway Safety & Traffic Administration
Center for Injury Research & Prevention