Pittsburgh Medical Malpractice Blog

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