Pittsburgh Motor Vehicle Accidents Attorneys Blog

Criminal charges against driver who was texting before accident

2013-05-25T05:11:03Z

By now it is fair to say that most drivers in Western Pennsylvania are aware that texting while driving is a risky action. Nonetheless, individuals behind the wheel are regularly unable to avoid the practice. In the worst cases the action leads to a motor vehicle accident that claims the life of another.

A woman from this part of the state is all too aware of this. Earlier this month she was behind the wheel of a car that struck and killed a 68-year-old man who previously acted as a volunteer fire chief. At the time of the afternoon accident, the man was riding his motorcycle. As he did so, the woman's vehicle hit the man and his motorcycle, and dragged him along the road.

]]> In the course of the investigation that was conducted following the incident, it was uncovered that at the time of the crash the woman had a text message open. Those findings, along with the fact that the man died, led authorities to charge the 42-year-old woman with involuntary manslaughter and homicide by vehicle. The consequences associated with a criminal conviction on these charges are serious.

Though unclear at this point, it is possible that in addition to the criminal case, the woman could face a civil wrongful death lawsuit as well. Only time will tell whether any loved ones he left behind decide to pursue such an action. In retrospect the woman likely wishes she could turn back time and not engage in the distracted driving behavior.

Source: San Francisco Gate, "Pa. woman charged with texting before fatal crash," May 20, 2013

Would lowering BAC to 0.05 reduce drunk driving accidents?

2013-05-20T17:09:03Z

Drunk driving is a problem that plagues communities throughout the nation, including the Pittsburgh area. While current laws make it illegal to operate a vehicle when one's blood alcohol level is 0.08 or higher, individuals still get behind the wheel routinely to operate a vehicle. Doing so can result in injuries not only to them, but others on the roads as well.

While there are ultimately many reasons that car accidents occur in the state of Pennsylvania, car crashes resulting from drivers who are under the influence happen all too frequently. Nationwide approximately 30 percent of deaths due to motor vehicle accidents involve drivers who are too intoxicated to legally be operating a vehicle.

]]> The National Transportation Safety Board, the agency charged with regulating the safety of the roads, recently considered things that could be done to reduce the number of drunk drivers on the road. One of the options it discussed was reducing the current BAC level from 0.08 to 0.05. For most people such a change would likely reduce the number of drinks allowed before driving by one beverage.

There are likely many who would not be receptive to the proposal. In addition to push back from businesses that make and sell beverages with alcohol, many drivers may find the change misguided. To many, drivers falling into the lower threshold are not the real problem. The change would do nothing to address issues with the individuals who routinely drive after consuming amounts that put them far over the current limit.

Source: New York Times, "States Urged to Cut Limit on Alcohol for Drivers," Matthew L. Wald, May 14, 2013

Tired drivers pose a problem on Pittsburgh area roads

2013-05-17T22:16:02Z

It is something most drivers have probably experienced at some point in time--feeling sleepy while behind the wheel. While most probably think about long cross-country trips as being the biggest culprit where this is concerned, the reality is it can occur even on short car trips when a driver has not gotten enough sleep. It can, and does happen to people of all walks of life.

In the best situations drowsy drivers are able to make it their destination without a mishap. When sleep does overtake a driver however the results can be devastating not only for those in the vehicle but others on the road as well should a car accident occur.

]]> In an effort to combat the problem some states have enacted laws against the practice. Enforcement of them has proven to be difficult however as there is currently not a good way to measure how much sleep someone has recently gotten. Even if there was a way to obtain such a measure it would still likely be difficult to decide where to draw the line since each person has a different threshold when it comes to how much sleep they need.

At least one state is taking a different approach to the problem working to help drivers identify when they may be too tired to safely operate a motor vehicle. In addition to educating drivers about signs of drowsiness in a manual they are also installing rumble strips on some roads to help keep drivers on the road.

What are your thoughts on this? Do you have suggestions regarding how to best combat this issue?

Source: Associated Press, "Drowsy Driving Remains an Elusive Highway Dilemma," Frank Eltman, May 11, 2013

Trucker injured in Pennsylvania bridge accident files lawsuit

2013-05-14T20:22:01Z

Often when we write about personal injury lawsuits being filed as a result of a motor vehicle accident, it is in the context of a driver of another vehicle being named as a defendant. While this is appropriate in many situations, in certain circumstances it may be appropriate for other individuals or entities to be on the receiving end of such a civil lawsuit.

A truck driver who was injured in a Pennsylvania truck accident several years ago recently filed a lawsuit against the Pennsylvania Department of Transportation, Amtrak and a city in Pennsylvania.

]]> The man's injuries occurred when the truck's tailpipes hit the bottom of a railroad bridge. In the lawsuit the man claims that there were no signs indicating the height of the bridge. In addition, he indicates that the named defendants were negligent in failing to properly maintain the bridge. He also claimed they should have taken steps to prevent vandals from removing signs on the bridge.

The man reported was unable to work for some time and accrued medical bills as a result of the following injuries:

Left rotator cuff tear
Urinary incontinence induced by the trauma of the accident
Damage to his nervous system
A bulging disc in his back

Whenever someone is seriously injured in an accident involving a motor vehicle, it is important to first get proper medical attention. After that, it is often a good idea to contact a lawyer who handles personal injury lawsuits. In situations where the accident is due to the negligence of another person, it may be possible to recover monetary damages.

Source: The Pennsylvania Record, "Tractor-trailer driver sues Amtrak, PennDOT and City of Chester over railroad bridge incident," Jon Campisi, May 13, 2013

Passengers sent to hospital after Port Authority bus accident

2013-05-10T15:26:02Z

Often personal injury lawsuits are filed as a result of the actions one driver takes that result in a collision with another. This is not the only instance in which such a lawsuit may be filed however. In some single vehicle accident situations injured passengers could take action against the driver of the vehicle in which they were riding. This is particularly true when the vehicle involved in the crash is a bus.

]]> Earlier this month a Port Authority bus was involved in a single vehicle accident. The incident occurred on Banksville Road in Beechview. Authorities indicate that something caused the driver to lose control of the bus. When this happened, it struck a structure designed to keep vehicles of all sizes on the road.

The collision resulted in two bus passengers suffering injuries. While the nature of those injuries is not known, they were described as non-life-threatening. Following the incident, the passengers were transported to local hospitals for treatment.

It is currently unclear why the bus driver lost control of the bus. Sometimes incidents such as this one occur as a result of problems with the vehicle itself. Other times, drivers experience a medical problem of some sort. In situations where drivers of mass transit vehicles engaged in negligent behavior which leads to an injury producing accident, it is possible that a civil lawsuit will be filed against the driver as well as his or her employer. This is particularly true when the injuries suffered are considered serious. Whether this will happen in this case remains to be seen.

Source: WPXI, "Driver, 2 passengers injured in bus accident," May 6, 2013

SADD chapter stages crash to remind prom goers of DWI dangers

2013-05-07T20:29:01Z

It's prom season at high schools throughout Western Pennsylvania. While teens see it as a time to celebrate their youth and enjoy a night out, many adults no doubt see it as an opportunity for serious injuries to be suffered in situations where teens engage in unsafe behavior on the road, such as drunk driving. In addition to homecoming and graduation, prom is one of the worst weekends for teenaged drunk drivers.

In an effort to try to combat this, some area communities take steps to try to combat this. Two area high schools joined together to try to get the message across. Students from both schools participated in a mock car crash. The crash was staged to appear as though it occurred on the way home from the dance, complete with girls in their prom dresses. The organization Students Against Destructive Decisions was responsible for the event.

]]> The tableau was quite realistic. In addition to two "victims" being placed in body bags, emergency vehicles, including a helicopter, were called to the site. While emergency workers tended to victims, some students underwent field sobriety tests.

There was a good reason for SADD to organize the performance. In 2011, a total of 11,805 individuals died as a result of drivers who were intoxicated. Of those deaths, 26 percent were young people between the ages of 16 and 20.

While all car accidents resulting in injury or death are upsetting, when alcohol is involved it is that much worse. This is because the behavior is one that is prohibited throughout the state.

Source: The Almanac, "Mock car crash shows dangers of drunk driving," Terri Johnson, April 19, 2013

Pittsburgh area crash sends 4 children to hospital

2013-05-03T15:54:00Z

No one ever wants to hear that someone has been injured in a car accident. Such incidents are made that much worse however, when the injured individuals are children. Sadly this was the case earlier this week in Spring Hill.

The crash, which occurred in the late afternoon, happened when two vehicles collided. At least one of the vehicles was transporting children. As a result of the collision, four kids were hurt. While the type and severity of the injuries suffered is not known, the injuries were serious enough that the kids had to be transported to a hospital for treatment. Their injuries may have been in part due to the fact that none of them were secured in the vehicle with seat belts when the incident occurred.

]]> All likely hope that the children recover quickly and do not suffer any long-term damage. Should any of the kids need continued medical care as a result of the incident however, it is possible that their parents could seek monetary damages via a personal injury lawsuit.

The outcome of a personal injury lawsuit would undoubtedly depend in part on how the accident unfolded and who was at fault. Should negligence on the part of another person clearly be a reason for a crash, there is a much better chance of such a lawsuit being successful.

In this case it is not clear which driver is the most to blame for the crash. An investigation by law enforcement that almost certainly occurred following the accident could provide guidance on this.

Source: KDKA, "4 Children Injured In Crash," May 1, 2013

Will closure of tunnel reduce Pittsburgh area car accidents?

2013-05-01T21:30:02Z

There are many ways in which municipalities throughout the state of Pennsylvania seek to keep drivers on its roads safe and out of harm's way from car accidents. In addition creating traffic laws and employing police officers to enforce those laws, there are times when more drastic measures could be taken. Recently, one of those measures that will affect some drivers on Route 51 and roads on the Southside was announced.

]]> Beginning this May, a tunnel that many drivers use to get from one are to the other will be closed during certain times of the day. The closure is the result of traffic problems and crashes that occurred in the tunnel of the course of a four year period. The tunnel, which is only ever open for traffic travelling in one direction, will not be open to traffic during overnights.

While this course of action may seem extreme, it is not without reason. During that period of time police made many arrests for drunk driving. While 63 individuals were arrested under suspicion of that crime, there almost certainly have been more who were not caught.

In addition, a total of 11 motor vehicle accidents have occurred in the tunnel during that same period of time. Only one of those crashes happened before 11 p.m. Five of them were serious.

The reason behind the closure of the tunnel is of course to try to reduce the number of crashes that occur in the tunnel. Whether it will have the desired effect remains to be seen.

Source: Pittsburgh Post-Gazette, "Pittsburgh crashes prompt plans for overnight closures of Wabash Tunnel," Jon Schmitz, April 18, 2013

Car accident splits vehicle in half

2013-05-01T18:46:48Z

Last week, a high-speed accident resulted in a car that was torn to pieces. One passenger was a casualty of the car accident.

Pennsylvania State Police report that a 2000 Honda Civic was driving at high speeds southbound along Route 563 when it collided into a utility pole. A passenger of the vehicle died at the scene after he was ejected from the car.

]]> According to initial investigations, the motorist of the speeding car failed to move around a bend in the road. He ultimately crossed the opposite lane of traffic and slammed into a pole. After the incident, witnesses viewed the Civic on one side of Route 563, while the other half was positioned on the other side.

As the wreckage was investigated, authorities shut down the roadway. As the investigation unfolds, the surviving family of the fatal victim will probably have many questions. Why was the motorist speeding? Why didn't his vehicle negotiate the turn? Was the accident preventable?

All of these questions are important. Moreover, if authorities reveal that the motorist was at fault for the accident, this might provide legal rights for loved ones of the passenger. While no amount of money can bring back the victim, family members could potentially achieve greater closure through a wrongful death suit.

If you or a loved one has been injured in a serious motor vehicle accident, you may benefit from speaking with a skilled personal injury law attorney in your area. A lawyer can help you assess the matter.

Source: NBC10 Philadelphia, "Car Torn in Half in Deadly High-Speed Crash," Dan Stamm, April 23, 2013

Speeding, alcohol and road rage contributed to New Castle crash

2013-04-26T19:52:19Z

There are of course times when auto accidents are unavoidable. Forces outside the control of drivers such as road conditions and bad weather can at times lead to such an outcome, even when the individuals behind the wheel do all that they can to avoid it. In many cases however, preventing a car crash is within the power of drivers. The avoidance of activities such as drunk driving, road rage and speeding may reduce the number of car crashes that occur.

]]> These activities allegedly caused a serious car accident last fall, in New Castle. The incident occurred when a 19-year-old woman driving a car was attempting to make a left turn. As she did so, another vehicle, driven by a 21-year-old man struck her. The young woman, who was initially trapped in the vehicle, suffered serious injuries in the crash. It is not clear what, if any, long term impact the head injury has resulted in.

After an investigation that took several months, the complete story of what happened, and why, appears to be clear. Prior to the crash both drivers had consumed alcohol. In addition, the man admitted to speeding and being upset with the woman driving the other vehicle. The investigation findings ultimately led to criminal charges for both drivers including driving under the influence.

As this accident illustrates, there are things drivers can do to try to avoid motor vehicle accidents. While no one died as a result of the crash, the consequences could have been much worse. If everyone on the road were to take the steps to avoid such outcomes all would likely benefit.

Source: New Castle News Online, "Two charged in crash after six-month probe," April 22, 2013

April is National Distracted Driving Awareness Month

2013-04-24T14:54:02Z

Car accidents occur all too frequently in the Pittsburgh area. In the worst cases they result in serious injuries, sometimes even death. The Pennsylvania Department of Transportation cares about the lives of residents of the state. Accordingly, in observance of National Distracted Driving Awareness Month, it is reminding drivers of behaviors that should and should not be undertaken while driving to help reduce the number of fatal accidents. The topic is a good one as last year a total of 57 individuals died in the state of Pennsylvania as a result of distracted driving.

]]> There are of course many actions that when done while driving constitute a distraction. The ones that most often make news involve the use of cellphones or other small, handheld electronic devices. Of course the devices themselves are not the issue. Rather the problem is what drivers do with them-either holding them to talk on them, or texting-while operating a vehicle.

While there is a lot of focus on cellphones these days, distracted driving was an issue on the roads of Pennsylvania long before cellphone use became so widespread. Some drivers take their eyes off the road while they deal with others in the vehicle, such as children. Pets can also prove to be distracting while a car travels down a road.

Of course interacting with other people either in person or over an electronic device is not the only way a driver may be distracted. Drivers applying makeup, fixing their hair, or even shaving their face can cause car accidents as well. So too can eating or drinking while driving.

The bottom line is that any activity that pulls one's eyes or hands off the steering wheel can increase the chance of a motor vehicle accident occurring. Most would agree that waiting until the vehicle is stopped to do an activity is good for all who are on Pennsylvania roads.

Source: Sacramento Bee, "PennDOT Urges Motorists to Avoid Distractions, Focus on Driving," April 10, 2013

Road conditions, tires, possible causes of fatal crash

2013-04-19T15:43:37Z

Often when car accidents occur in the Pittsburgh area, they are due to something the person behind the wheel does. This is of course not the only reason that car crashes occur however. At times the condition of the road or vehicle can play a role. Both of these appear to have contributed to causing a fatal collision that happened earlier this month on Ohio River Boulevard.

Authorities indicate that the early morning crash occurred when a vehicle occupied by two men left its lane and crossed into traffic in another lane that was headed toward it. This caused the vehicle to crash into another one, head-on. The crash was serious, killing both of the men in the first car and injuring two other individuals. The nature and extent of their injuries is not known but they were apparently inured badly enough to warrant hospital stays.

]]> According to the police who responded to the scene, the fact that the road was wet at the time of the incident could have been a factor in the fatal accident occurring. Similarly, the condition of the tires on the vehicle that apparently lost control may have played a role in the accident occurring as well. At the time of the incident, they were apparently bald.

Whether there were any other factors contributing to fatal head-on crash occurring will likely be determined in the course of the investigation that is surely being conducted into the matter. These investigations are fairly standard after crashes such as this and often involve reconstructing the accident scene.

Source: San Francisco Gate, "Bald tires may be to blame for W. Pa. double fatal," April 17, 2013

Drivers in Pittsburgh still texting while behind the wheel

2013-04-17T20:21:32Z

It is likely that many residents of the Pittsburgh area are aware of the law put into place in Pennsylvania that prohibits texting while driving. While individuals of all ages participate in the activity, teen drivers are often thought to be the group that engages in the behavior most often. Since the law went into effect last year, the state has seen a decline in the number of teen drivers who perished in car accidents. This decline is thought to be due, at least in part, to the new law. While teen deaths in auto accidents declined, many individuals of all ages still received citations for texting while driving.

]]> The anti-texting law makes the action a primary offense. This means that a driver who is engaged in the behavior can be pulled over for doing that and nothing more. Those caught texting while driving are looking at a financial penalty of close to $150. Despite the penalty associated with the infraction, 196 drivers in the Pittsburgh area received citations since the law came into existence.

Texting while driving is an issue throughout the nation. As we mentioned above, the problem with the activity is that it puts people at a greater risk of being involved in an accident. According to a study released by the Virginia Tech Transportation Institute, the odds of such an incident occurring, increases 23 times.

Texting while driving is considered a negligent behavior. This means that when someone is injured in a crash that is caused by another driver who is texting, a personal injury lawsuit may be appropriate. Such a lawsuit could provide financial compensation to the injured individual. To obtain the best result action should be taken sooner rather than later.

Source: Pittsburgh Post-Gazette, "New Pennsylvania law not yet putting a dent in texting while driving," Jon Schmitz, April 11, 2013

Car hits, kills pedestrian in Allegheny County

2013-04-12T14:27:07Z

While fatal car accidents often involve multiple vehicles, this is not always the case. At times they involve one vehicle and a pedestrian. Victims who are not in automobiles when struck are even more likely to suffer serious injuries that lead to death. This was the case late last month in Allegheny County.

A 40-year-old man died at a hospital after a SUV struck him. After the incident the driver behind the wheel of the vehicle left the scene. He reportedly contacted the authorities once he reached his girlfriend's house.

]]> Fatal motor vehicle accidents involving pedestrians often occur because the driver of the car does not see the much smaller pedestrian. This is particularly true when such incidents happen at night. In this case however, the collision occurred during the day, shortly before noon. Prior to the incident the two men were reportedly involved in a disagreement of some sort.

As of yet it is unclear whether the man behind the wheel of the SUV will face criminal charges for his role in the incident. Regardless of what happens in criminal court, it is possible that the man will face consequences in civil court. This would occur if the family of the man who died were to decide to file a wrongful death lawsuit against the driver.

These types of cases are generally fairly complicated. In addition, they are often emotionally difficult for those left behind to endure. When successful however, either via settlement or trial, the financial compensation provided is usually very welcome. The outcome also often provides a sense of closure for the victim's loved ones.

Source: Tribune-Review, "Etna man ID'd as victim of fatal hit-and-run," March 31, 2013

Motorcycle accident in Western Pennsylvania sends man to hospital

2013-04-10T21:27:54Z

While throughout the nation spring is having a hard time determining whether it really wants to arrive, individuals throughout Western Pennsylvania are seizing any opportunity they can to get out with their motorcycles. While this undoubtedly brings joy to many throughout the state, it also has an unfortunate downside-an increase in motorcycle accidents.

Last week one such accident occurred in the New Castle area. A man was taken to a Pittsburgh hospital after the motorcycle he was riding ran into a truck travelling near the intersection of Ellwood Road and Douglas Drive. At the time of the accident which occurred after darkness fell, the truck was in the process of making a left turn off the road and into a driveway. The extent and nature of the man's injuries is not known.

]]> Prior to the collision, the man on the motorcycle was reportedly travelling with another motorcyclist at high rates of speed. Some witnesses indicated they were operating at speeds close to 100 mph.

While the circumstances surrounding motorcycle accidents of course vary, in many instances the fault lies with the driver of the larger vehicle. Often he or she fails to see the much smaller vehicle and its operator resulting in a crash that inflicts injuries upon the motorcyclist and any passengers he or she may have. In these instances it is not uncommon for personal injury lawsuits to be filed against the driver of the vehicle by the injured parties.

In this particular situation it is not as clear cut. Since the operator of the motorcycle was apparently travelling at speeds well above the posted limit, such legal recourse may not be available. If however, the truck driver was deemed to have acted negligently in some way a case may be viable.

Source: New Castle News, "Motorcyclist hurt in truck collision," April 6, 2013