Personal Injury Cases – Flager & Yockey, P.C.

According to NBC 10 Philadelphia, a recent bus crash that resulted in fourteen injuries is being blamed on a blown tire. The bus had departed from Philadelphia and was in route to New York when the bus accident occurred. Fortunately, the injuries were reportedly minor, but the blown tire still highlights one of the greatest dangers that passengers and drivers face from buses, vans, large trucks and other commercial vehicles.

Our Philadelphia accident attorneys know that the Federal Motor Carrier Safety Administration imposes minimum maintenance requirements on motor carriers and on trucking companies. Unfortunately, maintenance problems can still develop and accidents can occur as a result. Tires, especially, can cause problems if the tires are older, defective, or over or under inflated.

Tire Blowouts Cause Serious Accidents

Tire blowouts are always a risk, but when they happen on large buses and trucks it is especially dangerous. A bus or truck can easily go out of control after a tire blowout, endangering every driver on the road due to the large size of the commercial vehicle. The blowout also puts passengers at risk when an accident happens.

In the recent accident involving the Philadelphia bus, the driver lost control of the vehicle as a result of the tire blowout. This caused the bus to crash through a guardrail and to slide down an embankment into a wooded area. It was very fortunate that the passengers were not seriously injured, and the bus company has indicated that all passengers will receive refunds for their tickets. While that may be all well and good, the truth of the matter is neck, back and spine injuries do not always immediately present themselves. Victims of such accidents should always protect their rights by consulting with an experienced law firm. In other cases, the company may even have downplayed the extent of injuries. And victims who accept payment or refund may be limiting their right to collect compensation for other loses, including medical expenses.

Law enforcement indicates that no charges will be filed in the incident. However, NBC Philadelphia also reported that this was one of several bus accidents that has occurred in recent months, with two other accidents causing either serious injuries or fatalities.

Maintenance Issues Increase Accident Risk

In this case, it is not clear whether the tire blowout was caused by a problem on the roadway or caused by a problem with the tires on the bus. In many cases, however, tire problems result from bus companies or truck companies failing to maintain their vehicles in the manner required by FMCSA.

A number of different maintenance requirements exist under the federal laws including:

• § 396.3, which mandates that “Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
• § 396.17, which sets forth specific requirements for periodic inspections including the parts of the vehicle to be inspected and the records that must be kept of the inspection.

These rules are intended to ensure that vehicles do not fall into disrepair. An inspection should identify problems with tires that can lead to a blowout, including worn tire treads or tires that are not inflated to the proper level. If a bus company fails to perform inspections as required and a tire blowout or other problem occurs as a result, the company can be held liable for the consequences.

If you have been injured in a bus accident in Philadelphia, Bucks County or anywhere in Pennsylvania, contact our experienced personal injury lawyers at Flager & Associates, PC. Call us at 1-215-953-5200.

Recently in Philadelphia, two hit-and-run accidents occurred within three days of each other. These hit-and-run accidents were unique compared to the many other hit-and-runs that occur each year because they involved two sisters from the same family.

As Go Erie.com reported, a ten-year-old and a fourteen-year-old were both hit by drivers who fled the scene. This family is now facing large medical bills for the serious injuries their two children endured. Unfortunately, our Philadelphia accident attorneys know that many hit-and-run drivers are never caught. This leaves families to foot the bill for accident losses or to look for other sources of potential compensation that may be available to them.

Philadelphia Hit & Run Accidents Cause Serious Injury

The first of the two Philadelphia hit-and-run crashes occurred when the 10-year-old daughter was walking to her family’s home in the Kensington area. The young girl suffered a broken leg in the accident.

Three days later, the family received a call that their 14-year-old daughter had been hit while she was crossing the street near the family home. The 14-year-old suffered more serious injuries than her younger sister did, and her spleen had to be removed in an operation.

In both accident situations, the driver who hit the girls drove away from the accident scene. Under the laws in Pennsylvania, drivers are required to stay at the accident scene, provide their identifying information and  seek help for the people they may have potentially injured in a crash. Because it is a crime to flee the scene of a car accident, police are looking for the two hit-and-run drivers involved in the two collisions.

What Families Can Do After a Hit-and-Run

Unfortunately, until police are able to find the driver involved in causing the accidents, the family is not going to be able to take legal action against the driver who was responsible. The driver who caused the accident is supposed to pay for serious injuries he or she causes, but this cannot occur unless the driver’s identity is known.

Without knowing the driver’s identity, those who were hurt or whose loved ones were hurt by a hit-and-run may need to look for an alternate source of compensation to pay for medical bills and losses arising from the accident.

The types of compensation that can be obtained will vary depending upon the situation. Pennsylvania is a choice no fault state, which means drivers can opt to buy personal injury protection (PIP). If your policy includes PIP coverage, then your children who are injured in a hit-and-run as they are walking down the street should be covered for their injuries as well.  There is a cap on PIP benefits equal to the policy limits.

For those who did not opt into the state’s no fault system, it may still be possible to obtain compensation after a hit and run. If you had uninsured/underinsured motorist coverage on your insurance policy, then your own insurer can stand in for the driver who fled the scene. Your own insurance can pay for the damage costs, up to the policy limits of your uninsured coverage.

If you have been injured in a car accident, contact the experienced Philadelphia personal injury lawyers at Flager & Yockey today at 1-215-953-5200.

On March 13, 2013, Philly.com published an editorial lamenting the fact that Philadelphia’s texting and driving ban doesn’t go far enough to make the roads safe from distracted drivers. The editorial indicates that there have been few tickets actually given statewide since the texting law passed. Further, the editorial writer argues that lawmakers did not go far enough with the texting ban since any phone use is dangerous.

Our Philadelphia, PA accident attorneys know that any type of distraction behind the wheel presents a hazard. While texting may be the riskiest behavior of all, using a cell phone to talk is dangerous too and can up the chances of a crash occurring. A statewide ban on cell phone use in cars, therefore, might potentially help to save lives if such a ban could ever make it through the legislative process.

Cell Phones in Cars Present Dangers

As the weather gets warmer in Philadelphia and throughout Bucks County, many more people will decide to go out for a walk or a bike ride. Some people take advantage of the warmer summer months to ride their bikes to work or to do errands, swapping out the bike for the car as their transport-of-choice whenever possible. Others will bike or walk just for fun.

Unfortunately, with more bike riders and more pedestrians on the road, the chances of a deadly accident increase. This is because drivers often are at a loss for how to be safe in sharing the roads with bikers (or, to a lesser extent, pedestrians). Our Philadelphia accident attorneys know that drivers have a responsibility to exercise reasonable care to avoid injuring a bike rider. Now, a new ad campaign aims to remind drivers of this obligation.

Bicycle/Pedestrian Safety Ad Campaign

According to an article in the Philadelphia Business Journal at the end of February 2013, a new ad campaign was launched to try to reduce the number of pedestrians and bike riders killed in crashes.

The ad campaign is described as “in your face,” because it takes an aggressive stance towards informing drivers of the dangers of their actions and towards reminding drivers that they have an obligation not to hurt their fellow travelers on the road.

One example of an ad prepared as part of the campaign involves the use of the traditional pedestrian road sign/indicator. However, text is added to say “Thank You For Not Running Pedestrians Over.”

The message is a blunt one and hopefully when people see it, they will think twice about making a risky driving choice that could lead to the death or injury of a pedestrian or bike rider.

Other messages warn of the dangers of using cell phones and of various other risks that make bike or pedestrian accidents more likely. The new ads are part of a broader campaign launched by Mayor Michael Nutter’s Office of Transportation and Utilities, which is dubbed “Not Rocket Science.”

The ads, as part of the “Not Rocket Science Campaign” are expected to be visible on transit cars; the windows of buses; and in more than 750 bus shelters.

Staying Safe from Bicycle Accidents

The ad campaign on bicycle safety is very important because it is drawing attention to the dangers faced by bike riders and because it is making drivers think. Drivers are often responsible for bike accidents because they don’t pay attention and don’t see the bike riders; because they misjudge the speed of the bike riders; because they don’t yield the right-of-way or because they simply do not know how to be safe when they are near a bicycle rider on a road.

Drivers who don’t understand how to share the road or who engage in other dangerous or negligent behavior could find themselves held responsible for the injuries caused to a bike rider. As such, drivers should pay careful attention to bike riders and to obey all driving laws related to safely interacting with bicyclists.

If you have been injured in a bike accident in Philadelphia, Bucks County or anywhere in Pennsylvania, contact our experienced personal injury lawyers at Flager & Yockey. Call us at 1-215-953-5200.

On February 12th, NBC 10 Philadelphia reported on a pedestrian crash near I-95 Southbound. The Interstate was closed near Girard Avenue where the crash took place, which occurred around 6:30 a.m. The pedestrian who was struck by the vehicle sustained injuries from the accident, including a broken leg and a head injury. The driver who caused the crash remained at the scene to speak with investigators and answer questions. There is no evidence that alcohol was involved in the accident.

Our Philadelphia, PA accident attorneys hope that the injured pedestrian involved in the crash has a speedy recovery. Unfortunately, pedestrian crashes often cause very serious injuries because a pedestrian is completely vulnerable to the force and impact of the vehicle. We urge drivers and pedestrians to make sure they are aware of the risks of pedestrian crashes and to take the right steps to minimize the dangers of a crash occurring.

Pedestrian Accident Risks in Philadelphia

Pedestrian accidents can happen anywhere, in cities and on residential streets and, as this accident shows, on Interstates. While it is not yet clear why this pedestrian accident occurred, there are many common behaviors that increase the risk of a crash. In some cases, the dangerous behavior is done by the driver of the vehicle and in other cases the pedestrian does something to endanger himself or herself. For example, some of the common causes of pedestrian accidents include:

• Pedestrians crossing in the middle of roadways where drivers do not expect them to be, or at areas other than pedestrian cross walks.
• Pedestrians who cross when the traffic light indicates that they have a red light. Pedestrians must obey traffic signals too.
• Drivers who drive too quickly, exceeding the speed limit or exceeding a speed that is safe given current weather, visibility and road conditions. Speeding drivers could lose control and hit a pedestrian or might not be able to brake in time to avoid a crash.
• Drivers who are texting and driving or who are distracted and who do not see a pedestrian.
• Drivers who are falling asleep at the wheel. These drivers might cause a pedestrian accident if they drive off the road and onto sidewalks or if they swerve as they are sleeping and hit a pedestrian. Drivers falling asleep may also cause a crash if they don’t see that a pedestrian has entered the street to cross.
• Drivers who are driving while they are intoxicated and impaired by either drugs or by alcohol.

In this particular accident, the pedestrian was fortunate both because the injuries do not appear to have been life threatening and because the driver involved in the accident stopped and remained at the scene. In far too many pedestrian crashes, drivers will drive away after they hit someone, especially if alcohol is involved.

When a pedestrian crash does occur, it is important to determine if the driver in the crash did anything careless or negligent. If so, then the injured victim of the crash can take legal action to recover compensation.

If you have been injured in a car accident, contact the experienced Philadelphia personal injury lawyers at Flager & Yockey today at 1-215-953-5200.

According to OSHA, more than 250,000 crane operators and a large number of other workers, as well as the general public, are at risk of suffering an injury from one of more than 125,000 cranes currently in operation. Unfortunately, a Western Pennsylvania employee recently became one of the many victims of a crane accident. The worker was performing tasks at a manufacturing plant when he was killed in an industrial accident.

Our Philadelphia, PA personal injury attorneys believe that this tragic incident should serve as an important reminder to employers and employees about how dangerous cranes can be. The fatal industrial accident is still being investigated by OSHA, but crane accidents often occur when safety rules are not followed to the letter.

Crane Accidents Put People at Risk

According to ABC News 27, the recent Pennsylvania crane accident occurred when the worker was moving a large steel coil at an industrial warehouse that produces siding and metal roofing products. The crane was a 15-ton overhead crane and the coil weighed an estimated 10,000 pounds.

As the heavy coil was moved, another coil – this one weighing 5,000 pounds – moved from its position and struck the worker. The worker was trapped by the large coil and a stack of other coils that were located nearby. He suffered chest injuries and was pronounced dead at the scene. OHSA is currently investigating how the accident occurred to determine if there were any safety violations or if anything could have been done to prevent this tragedy.

OSHA Tips on Crane Safety

Recognizing how dangerous cranes can be, OSHA has provided extensive guidelines on crane operation and maintenance. OSHA has also published some important safety tips for crane operation. Some of these tips include the following:

• Allow only authorized and trained personnel to operate cranes.
• All crane parts and crane controls must be inspected by a designated and qualified person before the crane is used for any purpose.
• When operating, cranes must be level, and they must be located on a surface that is solid and stable.
• Pins should not be removed or unlocked during either assembly or disassembly until you have made sure that all sections are stable, secure and blocked.
• Before operating a crane, survey the area to determine if there are overhead electrical power lines.  There must be a distance of no less than 10 feet from the electrical power lines and the crane in order to ensure safety.
• The load chart capacity of the crane should never be exceeded. The correct load charge must be chosen and utilized given the current setup and configuration of the crane as well as the lift path.
• Before delivering the load, it should be raised slightly by a few inches, and it should be verified that the crane will hold.
• Loads should never be moved over the heads of workers.

These are just a few of the key tips that OSHA provides to protect those who are using cranes or who work in the environment where cranes are located. Following these tips is very important to protect workers and the public.

If you have been injured in an accident contact our Philadelphia personal injury lawyers at Flager & Yockey at 1-215-953-5200.

Car accidents are a sad fact of life and are a top cause of death for Americans, especially the young. Unfortunately, completely eliminating all car accidents is a virtual impossibility. However, by passing smart laws to restrict dangerous driving behaviors, states can do a lot to keep their residents safe.

Every year, the Advocates for Highway and Auto Safety take a close look at what states have done in order to discourage bad driving behavior and encourage responsible driving. Our Philadelphia accident attorneys have reviewed their 10th Annual Report in order to see how Pennsylvania measures up.  

Pennsylvania Driver Safety Rules: Does PA Make the Grade?

The Advocates for Highway and Auto Safety took a look at fifteen important driver safety laws to see where the states stood. If the state had an adequate law, the state got credit for that law. If it had no law or an insufficient law on the books, it got no credit. The state was then assigned a color. Pennsylvania was assigned the color yellow, which means that we have some safety laws in place but are lacking in many key areas.

According to the Advocates, here is how PA measures up:

• Pennsylvania does not have a primary seat belt law. This means that police cannot pull you over and give you a ticket just for failing to wear your seat belt. The state got no credit since we were lacking.
• PA also got no credit on motorcycle helmet laws since we do not require all drivers be helmeted.
• The state did get credit for its booster seat law.
• PA did well on teen drivers. We require a six month holding period and supervised drive time; we have a minimum age of 16 for obtaining a learner’s permit, and we have restrictionS on the number of passengers that a teen driver can transport in his or her vehicle. We got credit for each of these laws.
• The state wasn’t perfect on teen drivers though — we got no credit because of our night time restriction law is not sufficient, and our cell phone restriction law also did not make the grade.
• No credit was awarded for ignition interlock device laws since PA does not require that all DUI offenders install a device in their vehicles.
• The state was also lacking in a child endangerment law for DUI offenders. We do, however, have open container laws and require a mandatory blood alcohol content test for drivers when there is a suspicion of driving while intoxicated.
• Pennsylvania got credit for our statewide text messaging restriction that applies to all drivers.

The state, therefore, got credit for having eight of the fifteen safety laws. While this is a good start, lawmakers should strongly consider adding a few more driving safety regulations to the books in order to make the roads in the state just a little bit safer.

If you have been injured in a car accident contact our Philadelphia personal injury lawyers at Flager & Yockey at 1-215-953-5200.

On January 10, NBC 10 Philly reported a school bus collided with a commuter bus on Route 9 in Old Bridge, New Jersey.  Seven were injured in this bus crash, which is one of several accidents that have occurred involving school buses in recent months.

Our Philadelphia injury attorneys want parents to be aware of the potential dangers of school bus accidents that could affect their children. School districts need to take appropriate safety measures to ensure that their drivers are carefully screened and that their buses are properly maintained in order to prevent kids from being injured.

School Bus Accidents Put Kids at Risk

The January school bus accident in New Jersey fortunately occurred when the mini school bus was empty, which likely reduced the number of injuries significantly. The Academy commuter bus, however, had passengers on board and at least seven people were taken to the hospital with injuries after the crash.

According to NBC 10 Philly, the accident scene revealed that the school bus had been flipped on its side while the Academy Bus slammed into a tree and had its roof punctured by a branch. The cause of the crash has not yet been determined.

This crash comes just a few short months after another incident reported by NBC 10 Philadelphia. In November of 2012, a school bus crashed into a tree on Garden State Parkway, injuring 33. Accident reports indicated that a wheel had detached from the rear of the bus in this incident, although investigators were still trying to determine the cause of the crash.

Another incident in February of 2012 was even more serious. NBC 10 Philly in this case reported that an elementary school student died in a New Jersey accident when a school bus and dump truck collided.

Protecting Kids with Increased School Bus Safety

These three recent incidents in just a short time period all underscore the importance of protecting children on school buses and ensuring that kids are as safe as they can be.  School districts, school bus companies and parents all have a role to play in protecting kids on school buses. For example:

• Parents should require their kids to use the seat belts available on school buses. They should inquire with school districts as to their safety procedures and hiring policies in buses and put pressure on districts who are lax on safety.
• Bus companies must take steps to ensure buses are adequately maintained and that problems are corrected promptly. Strict hiring criteria should be used to ensure that school bus drivers are imminently qualified and company policies should include drug testing as well as prohibitions on driving while talking on cell phones.
• School districts should ensure that their busing providers are meeting or exceeding minimum accepted safety standards.

School bus accidents are always tragic and it is ultimately the job of the school district and bus company to keep kids safe on the bus. If a child is injured in a crash, the district or bus company could potentially be held legally liable.

If you or a loved one has been injured in a bus accident in Philadelphia, Bucks County or anywhere in Pennsylvania, contact our experienced personal injury lawyers at Flager & Yockey. Call us at 1-215-953-5200.

This holiday season, you may be anticipating a visit from your children who are coming home from college or you may be excited about spending some quality time with kids who are usually busy with school, sports and social life. Since the holiday season provides a chance for families to spend uninterrupted time together, it also provides an opportunity for you to talk to your kids about important safety issues.

Our Trevose accident attorneys strongly urge you to take just a few minutes when you are with your kids this holiday season to discuss the dangers of teen driving. By sitting down with your kids, going over the risks and setting some ground rules, you could potentially help to keep your children safe and also help to protect other drivers who may be in danger of harm if your kids cause a crash.

Why Talk To Your Kids About Teen Driving Risks

While it may not seem like a fun discussion to have over the holidays, the fact is that teenagers who drive are in grave danger of becoming involved in a crash that causes injury or death. Looking at some key statistics summarized in US News and World Report on teen driving makes clear that this is an issue that needs to be discussed. According to US News and World Report:

• Car wrecks are the top cause of death for teens.
• Teens are three times as likely as other drivers to be in a fatal crash.
• First year teen drivers are at the greatest risk of being in a fatal accident.

With statistics like these, you may wonder if a conversation about teen driving will really make a difference. The fact is that it can. In fact, according to a State Farm survey reported in US News and World Report, parental involvement can make a big difference. Teens who report that their parents set driving rules and provide support are about half as likely to be involved in a car accident than those whose parents are less engaged with setting safe driving rules.

Further, many of the behaviors that put your teen at risk are preventable. A 2010 report produced with the Children’s Hospital of Philadelphia, for example, determined that more than half of all teen drivers involved in a fatal crash were going too fast at the time of the wreck. Further, almost four out of ten teen drivers in fatal wrecks had a BAC of at least .01 percent.

Talking to Your Teen About Safe Driving

To help your teenager stay safe, there are a few key things to discuss when you talk about safe driving. Some points you will want to bring up include:

• The dangers of driving while impaired by drugs or alcohol.
• The risks of driving when texting, talking on a cell phone or otherwise engaging in distracted behaviors
• The dangers of driving when you are too tired.
• The dangers of speeding.
• The risks of tailgating and other aggressive driving behavior.

If you take the time to discuss these and other issues with your teenager, you can hopefully help to avoid disaster not just for your teen but also for passengers and for other drivers who are sharing the road with your son or daughter.

If you have been injured in a car accident in Philadelphia, Bucks County or anywhere in Pennsylvania, contact our experienced personal injury lawyers at Flager & Yockey. Call us at 1-215-953-5200.

Daylight savings time ended earlier this month, making it a fitting time for National Drowsy Driving Prevention Week.

Our Bucks County accident attorneys know that someone driving while they are tired is just as dangerous as someone who gets behind the wheel after several drinks. Similarly in both cases people are sometimes a poor judge of when they have reached their limit.

Drowsy Driving Prevention Week is Nov. 12 through the 18th, declared by the National Sleep Foundation. A recent Sleep Foundation study poll found that fewer than 9 percent of all people queried received more than 8 hours of sleep. More troubling, about 30 percent said they receive less than six hours of sleep per night.

That’s not sustainable. And the fact that it has begun to get darker earlier means the risks are amplified.

While we often hear a lot about how this change affects shift workers (and it does!) a new study from AAA found that in fact younger drivers were more likely to drive tired than their parents or other older drivers.

The survey returned scary results: More than one in seven drivers between the ages of 16 and 24 reported they had fallen asleep behind the wheel at some point in the past 12 months. Compare that to a survey of drivers of all ages, where one in 10 admitted the same.

This news is especially timely as many college students may be preparing to head home for the Thanksgiving holiday.

College students interviewed by the Associated Press said many of their peers don’t take fatigue into account when figuring their travel plans. There is a great deal of education with regard to drunk driving, which is no doubt a real problem. But college students and younger teens may assume a lack of sleep is simply something they can overcome with a good amount of mental stamina.

Not true.

Of course, long-term lack of sleep can lead to problems such as increased risk of cardiovascular disease, diabetes, obesity and cancer. Those who report sleeping less than seven hours a day often have difficulty at work or school, specifically with concentrating or remembering. (There are about 50 to 70 million U.S. adults who fall into this category.)

But even in the short-term, and especially behind the wheel, driving while tired is deadly.

The Intelligent Transportation System conducted a study in 2009 showing that the less sleep a person received the more likely they were to have less control over the steering wheel.

A similar study at Stanford University found that those who suffered from sleep loss actually performed worse on driving tests than individuals who measured a blood alcohol level of 0.057 percent, just under the legal limit. For example, reaction time for drinkers with that blood alcohol level was measured at 263 milliseconds. By contrast, reaction time for the average sleep-deprived participant was 266 milliseconds.

In order to avoid dangers, the National Highway Safety Administration recommends:

• Get plenty of sleep prior to a long trip;
• Avoid heavy foods;
• Travel with a companion and take turns driving;
• Avoid medications that may cause you to become sleepy;
• Avoid travel times when you might normally be sleeping;
• Schedule a break every two hours or every 100 miles.

If you have been injured in a car accident in Philadelphia, Bucks County or anywhere in Pennsylvania, contact our experienced personal injury lawyers at Flager & Yockey. Call us at 1-215-953-5200.