Practice Area: Personal Injury

As a personal injury lawyer who recently represented a teen driver who had received a traffic citation, I was presented with a letter she had received from the Secretary of Transportation of the Commonwealth of Pennsylvania covering traffic laws and driver safety.

In that thoughtful letter, the Secretary of Transportation reminded her that “personal responsibility and knowledge of our traffic laws are major parts of [being] a safe driver.”

It was further noted that:

• a traffic violation doubles your risk for being involved in a car crash
• at highway speeds, your car travels the length of a football field in a couple of seconds
• a moment of carelessness or distraction can quickly become a tragedy
• not paying attention to the road or careless decisions while driving can cause serious injuries or death to you and to those around you
• car crashes are the leading cause of death among 16 to 20 year olds

My client’s parents were asked to encourage their teenage driver to improve her driving performance in the future and were also reminded that they had the right to withdraw consent of their young driver’s license until the age of 18!

The letter also directed us to additional traffic and driver safety information which can be found on the Pennsylvania Department of Transportation’s (PennDOT) website. There, one can find a great deal of interesting, although often quite disturbing, details. I would encourage you to visit that site when you have some free time on your hands, but I will share some of those statistics with you now.

However, before we focus on traffic crash figures, I have one question, the answer to which you will find at the end of this blog. In Pennsylvania, there are approximately 2,500 municipalities throughout the 67 counties, but which is the only official “town?”

Traffic and driver safety statistics in Pennsylvania

Pennsylvania Department of Transportation’s website reported that, in 2015, there were traffic-related deaths in Pennsylvania arising from various circumstances, including:

• 459 fatalities involving hitting a fixed object
• 413 fatalities involving unrestrained occupants of a motor vehicle
• 306 fatalities involving drinking drivers
• 179 motorcycle fatalities
• 153 pedestrian fatalities
• 119 fatalities involving aggressive drivers
• 66 fatalities involving distracted drivers
• 23 fatalities in work zones

PennDOT has also published a booklet of 2017 Pennsylvania Crash Facts & Statistics which contains the following information:

• Pennsylvania has over 120,000 miles of roads and highways
• In 2016, there were approximately 101.1 billion vehicle miles of travel on those roads and highways

In its “Overview,” the Pennsylvania Department of Transportation notes that (based on 2017 data), on average, each day:

• 351 reportable traffic crashes occur (about 15 per hour)
• 3 persons are fatally injured in traffic crashes (one every 8 hours)
• 221 persons are injured in reportable crashes (about 9 per hour)

Based upon Pennsylvania’s population in 2017 (12,805,537), this would mean that:

• 1 out of every 44 people was involved in a reportable traffic crash
• 1 out of every 11,263 people was fatally injured in a crash
• 1 out of every 159 people was injured in a crash

Teen and young driver safety statistics in Pennsylvania

PennDOT reports that, in most age groups, male drivers are involved in more crashes than female drivers. In fact, male drivers aged 21 to 25 were involved in more crashes than drivers in any other age group—male or female. Regrettably, in that age group, 31% of all driver fatalities were drivers who had been drinking.

It was also noted that, although adverse weather and road conditions negatively affect vehicle handling and driver sight, the vast majority (80.2%) of all crashes occurred under no adverse conditions. This has been attributed to:

1. the fact that weather and roads are clear and dry most of the time; and
2. the reality that drivers fail to use caution under even optimal road conditions. It is also reported that more crashes occur during daylight (probably because there are more vehicles on the road at this time).

As the Pennsylvania Department of Transportation points out, every traffic crash involves 3 different elements:  the driver, the roadway, and the vehicle. It is reported nationally that 85-90% of all traffic crashes involve some sort of driver error which contributes to the crash. Of all the different age groups represented, the teen driver is one that stands out most. Teen drivers (age 16 to 21) are not only the least experienced drivers, but they are also prone to what has been described as “overzealous” driving. Again, 18% of the driver fatalities in the 16 to 20 age group were drinking drivers.

We are now in and approaching that time of year when most traffic crashes occur—October, November, December, and January. More crashes occur on Friday and Saturday and the number of fatalities which occur on the weekends (Saturday and Sunday) is proportionately greater than the number of crashes (which could be attributed to alcohol use).

So, let’s take a moment to remind ourselves—and also our teen drivers—of the importance of being safe in order to avoid being sorry.

Toward that end, PennDOT offers the following tips for teen drivers:

• always wear your seat belt
• do not eat or drink while driving
• do not talk or text on your cellphone while driving
• obey the speed limit—driving too fast gives one less time to react
• adjust radio and climate controls before beginning your trip
• leave early—give yourself plenty of time to get there
• expect the unexpected—you never know what might happen
• and many others

We certainly hope you never face a traffic crash or a situation involving serious injury as a result of a motor vehicle collision or otherwise.

However, if this does occur, please be sure to contact myself, Eric Marttila, or one of our experienced personal injury lawyers—located in the greater Philadelphia area—to fully explore your legal options and to seek all available remedies to be made whole.

By the way, the Town of Bloomsburg in Columbia County is the only official “town” in the Commonwealth of Pennsylvania.

Pennsylvania drivers, when presented with car insurance coverage choices, are given the “Limited Tort Option” – at a discount of some 15% to 20% on annual premiums.  While such savings may be appealing at first glance, such a decision can have far reaching adverse consequences – and our personal injury law firm strongly recommends that our clients select the “Full Tort Option” whenever possible.

Not coincidentally, the word “Limited” has been defined as “restricted in size, amount, or extent” -- and various synonyms have been offered, such as “restricted, finite, little, slight.”  All of these appropriately describe the impact on your potential recovery of selecting the “Limited Tort Option” . . . should you ever find yourself in the unfortunate situation of having been injured in a motor vehicle collision which is not your fault.

As a general rule, choosing Limited Tort restricts your right to make a claim for non-economic harms and losses which arise from personal injuries sustained as a result of a car collision – damages most often referred to as “pain and suffering.”  Regrettably, too many fail to appreciate what they have given up in this regard until it’s too late.  Even one lost opportunity to be fully compensated for all harms and losses will normally far outweigh any short-term savings by choosing the Limited Tort Option.  Therefore, our personal injury lawyers highly recommend Full Tort coverage to “fully” protect you and your loved ones.

Even if you have selected the Limited Tort Option, though, all is not necessarily lost.  Although many insurance companies will attempt to convince persons who have made such an election -- and who then suffer physical injuries in a motor vehicle collision -- that they are not entitled to any compensation for their pain and suffering, there are exceptions to the general rule precluding such recovery.  Therefore, it is very important that you talk to a personal injury lawyer before agreeing to be bound by any “limited” recovery.

What exceptions might apply?  A few, have nothing to do with the nature and extent of physical injuries which were caused by the collision, include the following . . .

• The driver at fault is determined to have been driving under the influence of alcohol or a controlled substance
• The driver at fault is driving a car registered in another state
• The driver at fault has not maintained proper car insurance
• The injured party is the occupant of a motor vehicle other than a private motor vehicle

However, there are also exceptions which relate to how “serious” an injury was suffered.

Pennsylvania’s Motor Vehicle Financial Responsibility law provides as follows:

Each person who elects the limited tort alternative remains eligible to seek compensation for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bound by the limited tort election shall be precluded from maintaining an action for any noneconomic loss . . .

75 Pa.C.S. § 1705 [Emphases added]

A “serious injury” is therein defined as a “personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” 75 Pa.C.S. § 1702 [Emphases added]  Therefore, one who has selected the “Limited Tort Option” may still make a claim for pain and suffering where he or she has sustained a “serious injury.” Whether or not a personal injury has resulted in “serious impairment of body function” is most often the hotly contested question faced by a personal injury lawyer.

The first case in which the issue of “serious injury” was addressed by the Pennsylvania Supreme Court was that of Washington v. Baxter in 1998.  There, the Court stated:

The “serious impairment of body function” threshold contains two inquiries:

1. a) What body function, if any, was impaired because of injuries sustained in a motor vehicle accident?
2. b) Was the impairment of the body function serious? The focus of these inquiries is not on the injuries themselves, but on how the injuries affected a particular body function. Generally, medical testimony will be needed to establish the existence, extent, and permanency of the impairment . . . In determining whether the impairment was serious, several factors should be considered: the extent of the impairment, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious.

Washington v. Baxter, 553 Pa. 434, 447–48, 719 A.2d 733, 740 (1998).

Since then, parties have focused less on the physical injuries suffered and more on the effect which those injuries have had on a particular body function or functions.  For example, where physical injuries limit walking, lifting, working, sleeping – and even cognitive function – courts have decided that it is for a finder of fact to ultimately determine whether or not a “serious injury” has been sustained.

Factors to be considered include how the injury affected the actual functioning of certain injured areas; the extent of the impairment; the duration of the impairment; treatment required to address the impairment; and any and all other factors.  Indeed, it has been determined that subjective complaints of pain alone may constitute a “serious impairment of body function”—and that an impairment need not be permanent in order to be serious.

Accordingly, even where you have selected the Limited Tort Option, please talk to a personal injury lawyer in order to determine whether or not it may reasonably be contended that you have suffered a “serious injury.”  To be safe and secure, however, you should always select the Full Tort Option when possible so that you and your family are fully protected – and are unquestionably permitted to make claims for all harms and losses sustained as the result of a motor vehicle collision which is not your fault.

We certainly hope that you are never faced with a situation involving serious injury as a result of a motor vehicle collision or otherwise.  If this does occur, though, please be sure to contact a personal injury lawyer experienced in this area to fully explore your legal options and to seek all available remedies to be made whole.

If you have any questions about Limited Tort, please contact Eric G. Marttila at 215-345-8888 or emarttila@highswartz.com. At High Swartz, we advocate for the rights of injured people. With law offices in Doylestown, Bucks County and Norristown, Montgomery County, Pennsylvania, our personal injury lawyers work with people who have been injured by the negligence of others throughout Pennsylvania.

The information above is general: we recommend that you consult an attorney regarding your specific circumstances.  The content of this information is not meant to be considered as legal advice or a substitute for legal representation.

As the long cold and rainy spring of 2018 fades into memory, motorcycle riders across the Commonwealth are taking out their bikes and getting ready for a glorious season of riding.  However, the unfortunate truth is that motorcycle accidents can and do happen. Here are some thoughts about how to increase your chance to have a safe and happy motorcycle season.

1. Make sure your ride is ready. Like any vehicle, motorcycles need maintenance.   Before taking your motorcycle on the road, check your oil, brakes and tires to make sure that they are in proper condition.  Worn brake pads and tires can make an accident more likely and make it more difficult to avoid an accident in the first place.  A small investment now may avoid large problems later.
2. Make sure you are ready. Are your skills polished and up to date?   If you have not ridden in a while, your skills and reflexes may have diminished.  Your first rides of the year are no time to challenge yourself.   Please consider taking your initial 2018 rides in good weather, on uncrowded roads, and when you are rested and alert.  Consider a class or professional training if it’s been a while since you’ve been on the road.
3. Proper gear is essential. While the wind in your hair may seem appealing, remember that you’ve only been issued the one head, and you’d best take good care of it.  Similarly, long sleeves and long pants made of proper materials may literally save your skin.  Your chances of surviving an accident with minimal injury increase dramatically with proper clothing and gear.
4. Remember that you may see automobiles before they see you. Don’t assume that an automobile driver has you and your bike in their field of vision.  A brightly colored helmet or jacket may increase your visibility.  Beware of blind spots and try to avoid them, or spend as little time in them as possible.
5. Check your insurance. Is your motorcycle properly covered?   Unlike car insurance in Pennsylvania, motorcycle insurance does not include payment of medical expenses.   Your personal medical insurance will have to cover your motorcycle-related injuries, so make sure you have medical insurance that is adequate to the task.
6. Remember that a collision that is a fender-bender to a car can result in serious injury or death to a motorcycle rider. There is no metal box around a motorcyclist to absorb impact and no seat belt to keep the ride from being thrown.  Even a minor motorcycle accident can result in serious injuries such as broken bones, internal injuries, and brain damage.
7. Don’t Assume What Other Drivers Will Do. It is far better to avoid an accident than to have to play the “blame game” afterwards.   It is therefore recommended that motorcyclists  assume that drivers of other vehicles may be distracted or inattentive.   Be wary of cars making or that may unexpectedly make left turns, for such turns are a frequent cause of accidents.   Don’t assume that a car is turning just because its turn signal is on, or that a car is stopping because it is approaching a red light or stop sign.   Watch the other drivers; if another driver’s body language does not indicate that they driver has seen you and your motorcycle, be ready to move or take evasive action.

If an accident happens, keep your cool.   Don’t play into the stereotype of the “reckless motorcyclist.”   Remain at the scene, check yourself for injuries, and call 911.  If you are able, take photographs at the scene to establish the position of the vehicles.  Exchange insurance information and get medical attention if necessary.  When the police arrive, do not accept any blame for the accident.   Even if you believe you are unhurt, it is not in your best interest to tell that to the police.  Many injuries only become apparent later, and that statement you made to the police officer that you are “all right” or “unhurt” may be difficult to overcome at a later date. It's also best to talk with a personal injury lawyer.

After a motorcycle accident, you may be contacted by insurance adjusters seeking a statement from you.  Be wary, as the insurance adjuster may not have your best interests in mind.  It is wise to talk to a personal injury lawyer before you talk to any adjuster to make sure that your rights are protected.   Similarly, seek counsel before signing any documents that an insurance adjuster may place in front of you, such as a blanket authorization to obtain medical records.

Enjoy your ride, but be careful out there.    And should you be in an accident, remember that the personal injury lawyers at High Swartz stand ready to help with any questions or problems you might encounter.  If you have any questions or need assistance with Personal Injury, please contact a High Swartz attorney.  At High Swartz, we advocate for the rights of injured people. With law offices in Doylestown, Bucks County and Norristown, Montgomery County, Pennsylvania, our personal injury lawyers work with people who have been injured by the negligence of others throughout Pennsylvania.

The information above is general: we recommend that you consult an attorney regarding your specific circumstances.  The content of this information is not meant to be considered as legal advice or a substitute for legal representation.