Some almost treat their social-media pages like alter egos, continually spilling their thoughts and creating virtual timelines of their lives, including pictures of themselves involved in activities.
Naturally, the actions of a plaintiff or defendant will often be of interest to the other party in a lawsuit. For example, in a car accident case a plaintiff may claim to suffer limited mobility and depression from injuries received because of the negligence of the other driver. That defendant would want to have access to pictures on plaintiff's social-media sites that might impeach the plaintiff by showing him involved in strenuous activities or smiling and laughing.
]]> This type of potentially damaging Internet evidence is becoming important in personal injury, workers' compensation, disability, insurance, family law and other types of legal claims.Pennsylvania trial courts, like those in other states, are still struggling to fit social-media evidence into its pre-existing evidentiary rules. For example, usually a party can discover information from the other party if relevant to the case at hand or likely to lead to other potentially relevant evidence.
Pennsylvania's appeals courts have not yet decided this issue to guide the trial courts, and the trial courts are deciding on a case-by-case basis whether to order the material released.
The legal issues are fairly complex and include whether only "public" parts of the sites are available or "private" also; whether old, deleted material is discoverable or only current pages; whether the judge should review the pages privately in chambers in making his or her decision; and whether the pages' owner should be able to release to the other party those pages it deems relevant in response to a formal discovery request, or whether the requesting party's attorney should get a password to look around directly.
In the leading Pennsylvania trial court decision of McMillan v. Hummingbird Speedway Inc., the defendant's lawyer was given the car-accident victim's Facebook user name and password, and the plaintiff was also ordered not to delete anything pending the defendant's review of the pages.
Other Pennsylvania cases have denied similar social-media discovery requests, however. The courts seem to decide the question whether the information would lead to relevant evidence on a case-by-case basis. Stay tuned for the continuing evolution of this interesting legal question.
Source: "The Big Reveal of 'Private' Social Media Data," Claims Magazine, Feb. 2012
]]>In a report of the study issued in January 2012, Levinson details findings following an in-depth review of nearly 300 cases in which Medicare beneficiaries had been harmed while in hospitals. Only 14 percent of cases were reported to hospital managers and just over half of those were investigated by hospitals. Worse, only five cases resulted in changes to hospital policies and protocols.
The Levinson report states that hospital employees are remiss in their duties to recognize hospital errors such as medication errors, severe bedsores, infections acquired in hospitals and drug-induced states of delirium. In fact, only one out of seven harmful events is reported. Levinson concludes employees, in general, do not seem to realize that particular activities caused harm to patients or that they should report the incidents. In some cases, employees assumed someone else would report the issue, so they did not take action.
]]> As a condition for being paid, Medicare requires hospitals to track and analyze medical and surgical errors and make adjustments to improve care. Yet, even with existing reporting systems in place, employees fail to use them and hospital administrators fail to recognize problems with systemic quality.To clarify expectations and encourage reporting, Medicare officials will now develop a detailed list of reportable events for hospital and employee reference. Medicare is also urging hospitals to provide detailed direction for employees about the types of events to be reported and the anticipation of follow through.
In addition to Medicare's requirements, the Obama administration has made reducing medical and surgical errors a priority. Further, more than half of the states have passed legislation requiring medical facilities to publicly report certain errors such as infections developed in hospitals.
Source: "Report Finds Most Errors at Hospitals Go Unreported," New York Times, 1/6/12
]]>In 2007, Ashley Zauflik was severely injured when a school bus ran her over. As a result of her injuries, Ashley had to undergo an amputation of her left leg below the knee. For her injuries and pain and suffering, a jury awarded Ashley $14 million in a personal injury lawsuit.
]]> While the school district had an umbrella insurance policy that covered the district up to $10 million at the time of the accident, a 1978 state law caps the amount of damages school districts can pay in civil awards at $500,000. Meaning, Ashley may not be fully compensated for her injuries.Before introducing "Ashley's Law" to the full legislative body, two state legislators are working to determine at what level the civil award cap should be set. To help them do so, the legislators are seeking input from the state's school districts.
"We want to determine whether the current cap is antiquated and whether insurance that is affordable to school districts and municipalities could allow innocent victims with catastrophic injuries, like Ashley, to recover without significantly burdening taxpayers," says state Rep. Steve Santarsiero (D-31), one of the law makers pursuing "Ashley's Law."
The current level of the cap may leave people who suffer severe injuries without the ability to pay for expensive medical bills or long-term rehabilitation costs. "Ashley's Law" represents an opportunity for people injured by school buses, school employees or on school property to be more fully compensated for their injuries.
Source: "Lawmakers hope to ease injury award limits with 'Ashley's Law'," phillyBurbs.com, 1/13/12
]]>In Allstate Fire and Casualty Insurance Company v. Hymes, the Pennsylvania Superior Court ruled that a motorcyclist who was injured after being thrown from his bike could not use the underinsured motorist coverage in his parents' insurance - even though he lived in their residence.
The court reasoned that even though the injuries occurred off of the motorcycle, they directly resulted from the motorcyclist's operation of the vehicle. The injuries were therefore subject to the "household exclusion" language of the parents' policy.
This exclusion stated that underinsured coverage was to be denied to "anyone while in, or, getting into or out of or when struck by a motor vehicle owned or leased by you or a resident relative who is not insured for underinsured motorist coverage under this policy."
]]> The case in question began in April 2009. A motorcyclist was riding his Harley Davidson when collided with a Chevrolet Malibu car. The driver of the car was eventually determined to be at fault for the accident.The impact threw the motorcycle rider from his motorcycle onto the windshield of the Malibu. By the time he hit the ground, he was 20 feet away from where he was hit.
The driver of the Malibu did not have enough insurance to provide full compensation to the motorcyclists for his injuries. The motorcyclist didn't have underinsured coverage through his own insurer, GEICO. But he had sought to recover under his parents' policy with Allstate.
Source: "Pennsylvania Court Upholds Motorcyclist 'On,' 'Off' Exclusion," Insurance Journal, 9-16-11
]]>Making sure you have the right seat, and that it is adjusted properly, can help keep your child as safe as possible on the road. Taking a moment to check the fitting is definitely time well spent.
That's why PennDOT, law enforcement agencies, and safety groups hold this annual event. Last year, more than 5,000 car seats were checked, at over 140 locations around Pennsylvania.
State Police Commissioner Frank Noonan encouraged adults to make sure kids are restrained properly. If anyone has any doubts about whether they are using a child safety seat properly, now is the time to visit a safety inspection location."
PennDOT Secretary Barry J Schoch adds that do-it-yourself doesn't always work well, when it comes to installation of child safety seats. He cites data showing that 8 of every 10 child seats are installed incorrectly.
]]> Without proper restraint, it is far more likely that, in the event of a motor vehicle accident, the child would be thrown from the vehicle. Last year in Pennsylvania, nine children, ranging in age from newborns to age 8, were killed in car crashes. And over 2,000 were injured.Under Pennsylvania law, children under age 4 must sit in car seats that meet federal safety approval. Between ages 4 and 8, children who are not in car safety seats must use booster seats.
Safety officials also strongly recommend that children 12 and under always ride in the back seat. This is because of the danger that air bag deployment poses for young children.
Source: "Pennsylvania State Police, PennSOT Mark National Child Passenger Safety Week," YahooNews, 9-15-11
]]>What can be done to prevent these terrible crashes in the first place?
Federal efforts to improve trucking safety are based on the Comprehensive Safety Accountability program begun last year. Under the CSA program, the Federal Motor Carrier Safety Administration (FMCSA) is attempting to use an electronic tracking tool to better enforce safety standards. The goal is to identify at-risk carriers earlier and take appropriate action to get them off the road sooner.
The issue of bus safety has received renewed attention following last March's deadly crash in New York City and several others around the country, including in Pennsylvania. Congress is considering requiring that busses be equipped with seat belts and have stronger windows to prevent ejection in rollovers.
]]> In Pennsylvania, the safety effort involves collaboration between state law enforcement agencies and the FMCSA to improve inspection of commercial vehicles in highways corridors with high numbers of crashes. Federal officials announced last week that Pennsylvania will received over $8 million in grants to enhance its capacity to conduct such inspections and take over safety measures.The other safety measures slated to be improved include audits of new commercial truck and bus companies, as well as upgrades to commercial driver's license testing facilities that will enable a move from paper to electronic testing.
Federal officials expressed the hope that the grants will help save lives in Pennsylvania through better enforcement of safety standards for both trucks and busses.
Source: "FMCSA awards over $8 million to Pennsylvania to bolster safety efforts," The Trucker.com, 8-25-11
]]>Nationally, in 2009 alone, 5,474 people were killed in the U.S. in distracted driving accidents, according to federal data. The National Highway Traffic Safety Administration estimates that another 448,000 were injured. Of the fatal crashes, 995 involved distraction caused by a cell phone.
So distracted driving is a problem everywhere. That's why over 30 states have passed some form of ban on texting while driving. But the problem is particularly acute in Pennsylvania, which has long resisted passing statewide laws to restrict drivers from texting or talking while behind the wheel.
Proposed bills to create texting limitations have failed before in the Pennsylvania legislature. In 2011, such proposals are back again. Senate Bill 314 calls for texting while driving to be made a primary offense. When something is a primary offense, law enforcement officers do not have to observe another, different violation before pulling someone over.
]]> Senate Bill 314 also contains a restriction on the number of passengers that someone in their first six months of driving may carry.The bill passed the Senate in June and now moves to the House. Legislators there have expressed concern not only about texting while driving and teen drivers, but also other, more traditional forms of distracted driving. Those older forms include things like reading, eating and even applying personal grooming (such as applying makeup).
State Rep. Todd Rock is hopeful that the House will take action on distracted driving. "I know there is a desire to pass something that addresses texting and cellphone use," he said. "I believe that's going to happen."
Let's hope it does. It's high time.
Source: "Pa. legislators consider texting while driving law," Herald-Mail.com, 7-23-11
]]>Fatigued drivers are a major cause of truck accidents in Pennsylvania and across the country. For far too long, however, the trucking has resisted federal efforts to create stricter limitations on the number of hours that truckers can legally drive before taking a break.
The Federal Motor Carrier Safety Administration (FMCSA) is scheduled to finalize new rules on truck drivers' hours of service by July 26. The rules would then be implemented later this year.
Under current law, a truck driver can work up to 60 hours in seven days. The limit for an 8-day period is 70 hours. Once those limits are reached, drivers must be off duty for at least 34 consecutive hours. That 34-hour break restarts the drivers' work week.
]]> The new rules proposed by the FMCSA specify more detailed requirements for the 34-hour period. That period would have to contain two separate off-duty periods from midnight to 6 a.m. In addition, drivers could use the 34-hour restart period only one time in any seven-day period.Besides the overnight rest periods, the new rules would also require a 30-minute break after seven hours and reduce allowable drive time during a 14-hour shift from 11 hours to ten.
Henry Jasny, general counsel for the respected safety group Advocates for Highway and Auto Safety, says stricter rules are needed to allow drivers to rest. He is right; more rest for drivers means less fatigue and fewer truck accidents.
Source: http://thetimes-tribune.com/news/business/truck-drivers-face-changes-to-hours-of-operation-1.1153508
]]>In August 2010, DePuy, a unit of Johnson & Johnson, recalled a hip implant used by 93,000 patients after the implants repeatedly failed prematurely. Over 1,000 lawsuits are already underway against the company for damages caused by the implants.
Most of those product defect cases remain resolved. The notable development right now is that doctors' groups are taking the lead on developing databases designed to track the success rates of artificial hips and knees across the country.
"We've been doing a huge experiment and no one's been keeping track of the data," said one doctor involved in the database effort. William Maloney, the vice-chairman of the American Joint Replacement Registry. Maloney is also a professor of orthopedic surgery at Stanford University School of Medicine.
]]> The AJRR registry is funded by a coalition of groups that includes orthopedic doctors, prosthetic manufacturers, insurance companies, and hospitals. Data collection began in December of last year as a pilot project. The chairman of the AJRR initiative, David Lewallen of the Mayo Clinic, expects the registry to nationwide this year.The ambitious goal of the project is to gather baseline data on the hundreds of thousands (over 700,000) hip and knee replacement surgeries that are performed around the country every year. A key data point, of course, will be which implants did not function properly and required revision surgery to fix the problem.
If you have questions about DePuy implants, or other defective products, talk with a personal injury lawyer at our firm.
Source: "Medical Groups Tracking Hip, Knee Implants After J & J Recall," 5-3-11
]]>The fatality figures were released by a widely respected safety group, the Governor's Highway Traffic Safety Association. According to the association, motorcycle fatalities decreased by two percent nationally last year. This was the second straight year where the national figure declined.
In Pennsylvania, however, motorcycle fatalities were up. There were 197 motorcycle accident deaths in the first nine months of last year, compared to 186 during the same period the year before.
]]> Reducing these disturbing numbers in Pennsylvania will require the efforts of not only motorcyclists themselves. It will require a concerted effort from all who share the road. Passenger car drivers, truckers, and others must all do their part to drive safely.Citizens and legislators also bear responsibility. Pennsylvania's response to the problem of distracted driving, for example, has not been sufficient. Thirty other states have enacted bans on texting while driving, while Pennsylvania's efforts to do so have meet with resistance.
As the weather warms, more bikers will be out on the roads. As gasoline becomes more and more expensive, the number of motorcycle riders may grow even more. Now is the time for everyone - cars, trucks, motorcycles, and other types of vehicles - to do their part to promote safety.
Source: "Increase in Pa. motorcycle fatalities bucks national trend," Pittsburgh Post-Gazette, 4-19-11
]]>After an investigation into the bus company, the safety agency declared the company an "imminent hazard" to public safety. The FMCSA can declare a company an imminent hazard when it "finds that the carrier's operations pose a substantial likelihood of serious injury or death."
U.S. Transportation Secretary Ray LaHood stated: "Safety is our number one priority. It is absolutely essential that reckless and unsafe bus companies like this are immediately removed from our roads."
]]> A federal investigation found that the Pennsylvania bus company was in violation of several safety regulations, including:The bus, traveling from New York City's Chinatown to Philadelphia, veered off of the road into the median, striking a concrete overpass support. It is still uncertain as to what exactly caused the accident, but Bloomberg reports that medical issues of the driver may have been at fault.
Federal safety rules play an important role in keeping all on the road - commercial drivers, other drivers and all passengers - safe. Violation of those rules is therefore a serious matter, and could affect potential lawsuits. It is therefore important to speak with an experienced personal injury attorney if you have been injured in an accident with an interstate bus, truck or other commercial vehicle.
Sources: http://www.businessweek.com/ap/financialnews/D9M9RHHG0.htm
http://www.fmcsa.dot.gov/about/news/news-releases/2011/Super-Luxury-Tours-Cease-Operations.aspx
]]>The accident happened about 6:30 a.m. on March 29, just south of the Bear Creek Dam and Beaupland Road, in an area with a 45 mph speed limit. The state police have not released further details about the crash.
But data from the Pennsylvania Department Transportation presents a troubling picture of Route 115. According to PennDOT, there were seven fatal crashes on Route 115 from the Pennsylvania Turnpike to the Monroe County line from 2005 to 2009, as well as 174 other accidents. From the turnpike to Interstate 81, there were an additional four fatal crashes and 114 other accidents.
]]> Doing the math, that makes 11 fatal crashes on Route 115 in only five years, through 2009. Then there were three more in 2010, including two that occurred within a week of each other. That makes 14 fatal crashes since 2005.On some stretches of Route 115, PennDOT has made changes to the road, such as lowering the speed limit to 45 and installing turning lanes. These changes have not been enough, however, to prevent fatal crashes from continuing to occur.
If you have been injured in a car crash, or a family member has been killed, talk with us to discuss your legal options.
Source: "Route 115 crash fatal for area man," The Times Leader, 3-30-11
]]>NHTSA may take up to 10 additional months to publish the rule. The agency did not say whether this delay would also push off the rule's full implementation in 2014. NHTSA has authority to create the rule under the Cameron Gulbransen Kids Transportation Safety Act of 2007.
Backup cameras markedly improve drivers' ability to see what is behind their cars, and thus reduce car accidents. The auto industry, however, has been debating what type of technology should be required and how long the image should take to appear on the screen. The cost of the cameras could be relatively substantial, at up to $200 per car. In addition, some car manufacturers do not support the proposed rule.
]]> The reason backup cameras are so important is the number of lives that they could save. As our previous article on backup cameras illustrated, many of the lives the cameras could preserve belong to children. More than two hundred people are killed each year in backup accidents, and nearly half of them are young children, according to NHTSA.Of course, pedestrians are in danger in numerous venues - driveways, sidewalks and roads. The requirement for in-car cameras to aid with backing up could reduce the number of pedestrians who are hurt or killed, thereby making the streets and sidewalks safer places to be.
Source: "Feds postpone mandatory backup camera rule," USA Today, 2-28-11
]]>Nationally, upwards of 11,000 deaths each year are caused by drunk driving - about a third of all the highway fatalities in the nation.
The tools of modern technology are increasingly being deployed to confront this longstanding problem, To prevent car accidents caused by drunk drivers, for example, more and more states are requiring the installation of an ignition interlock device following a DWI conviction.
But what if carmakers were to proactively design cars with alcohol sensors as part of the equipment? With such a tool as part of a car's standard equipment, would-be drivers who are over the legal alcohol limit would be stopped in their trackers - before injuring or killing someone on the road.
]]> One quick-check alcohol sensor now being tested by federal regulators is called DADSS. This is the acronym for the in-vehicle Driver Alcohol Detection System for Safety. Ray LaHood, the secretary of transportation, thinks the tool "may hold the promise for stopping drunk driving before it happens."Laura Dean-Mooney, the president of MADD, echoed that thought. "We believe this might turn the car into the cure for the elimination of drunk driving," she said.
The DADSS tool currently has two prototypes. One would test for alcohol in the driver's inhaled breath. The other would sense alcohol levels in the fingertips.
QinetiQ, a Massachusetts company, has received a $10 federal grant to test the technology.
]]>Drivers talking on phones are four times more likely to get in car accidents than those who are not distracted. The elevated risk of crashes is even higher for drivers who text while driving - a problem that is especially acute for teenagers.
Thirty states have responded to these dangers with various forms of bans or restrictions on cell-phone use and text messaging while driving. Pennsylvania, however, has lagged behind. There are a few isolated local ordinances, but Pennsylvania has not really responded to the problem of distracted driving effectively on a statewide basis.
As a result, the text-blocking technologies that are now becoming available from cell-phone companies may be especially important in Pennsylvania. These technologies are designed to help people resist the temptation to text or talk on a cell phone while behind the wheel of a car or truck.
]]> To be sure, the simplest solution would simply be to turn the phone off when starting up the car. "There already is a simple technology that prevents people from using their phone while driving - the off switch," says John Ulczycki of the National Safety Council.But this simple solution can be a bit too simplistic for people who text compulsively. For them - or for the parents of teens - buying a service like T-Mobile's DriveSmart service makes good sense. The idea is to prevent the phone from ringing or pinging while the vehicle is in motion. Texts go straight to the in-box without pinging, and calls go right to voicemail. Other companies, including Sprint, AT&T and Nextel, are also testing out the technology.
The large carriers now have financial incentives to develop these text-blocking tools, because they can sell them as apps. They should sell a lot of them in Pennsylvania.
Source: http://www.nytimes.com/2011/01/21/technology/21distracted.html?ref=accidentsandsafety
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