Sharing the Road: Hazards for Summertime Recreation

Recently, two bicyclists in downtown Pittsburgh were struck by an SUV that hit the two men and continued driving. The two Children’s Hospital doctors suffered serious injuries, including a concussion, facial fractures, and a broken leg, hip, shoulder, and arm. This accident is an example of what can happen when bicyclists and vehicles do not share the road in a responsible and safe manner.

As the summer begins and the weather improves, many people will gravitate outside to run, bike, walk, and spend time with their families. Although this can provide an excellent outlet for fun and recreation, it can also lead to potential bicycle and pedestrian accidents. When driving this summer, be alert for pedestrians and bicyclists on the road, especially small children that may not be easily seen. By being alert and considerate and sharing the road, you will avoid serious injuries and complications to those around you. If you plan to bike or run this summer, wear bright colors and make sure that you give appropriate and clear turning signals with your arms so that drivers know when and where you intend to turn.

Attorney Douglas V. Stoehr works with clients who have been injured in pedestrian and bicycle accidents. If you would like a consultation regarding your personal injury, please contact our law office.

Helmet Laws May Change in Coming Months

A new piece of legislation by State Representative Dan Frankel (D) is working to reverse a 2003 law that allows motorcycle riders over 21 to ride without a helmet, given that they completed an official motorcycle safety course sanctioned by the state. This new piece of legislation would require that all riders, regardless of age, be required to wear a helmet while riding their motorcycle. In addition to this bill, two other bills relating to motorcycle use were also addressed—one proposing that motorcyclists who do not wear a helmet will have to purchase additional insurance, and another that would require different license plates for motorcycle riders under 21 years old. The Pennsylvania State House of Representatives will be reconvening in June to discuss new legislation, and this piece will most likely be discussed among the other bills.

Wearing a helmet is a common safety procedure that this law office feels should be followed at all times to protect yourself, whether you are on a bicycle or a motorcycle. However, we recognize that, at this time, mandatory helmet laws for those over 21 are not yet in effect. We also strongly feel that motorcyclists, cars, and bicyclists should share the road in a responsible and respectful manner. If you are a motorcyclist who has been wrongfully injured in a motor vehicle accident and may suffer from a spinal cord, brain, or other serious injury, please contact our law office for a consultation at no cost to you.

Bill To Protect PA Residents Against Dependent-Care Abuse

A recent bill successfully passed in Pennsylvania’s House of Representatives that would act to amend PA’s Crime Code to include protection from abuse by caretakers of care-dependent citizens. This bill works to explain what caregiver abuse would consist of, including failure to provide goods, services, and treatments, as well as actual physical or mental abuse. The law as it stands now only protects against physical harm. The bill will now move on to the State Senate to be voted on in the coming weeks. Bill 1053 was drafted as a result of a series of elder abuse incidents involving personal care homes in Palmyra, PA.

Care-dependent citizens, such as the elderly and mentally disabled, have been subject to an increasing amount of abuse and neglect in the past years. Sadly, abuse and neglect can occur for weeks, months, or years before family members or friends really comprehend or realize what is happening. This new bill will hopefully prevent some of these instances from occurring, and work to clearly define what caregiver abuse consists of and what the punishments will be for that offense.

Attorney Stoehr has successfully negotiated claims involving elder abuse and neglect, most often in nursing homes. If you would like to set up a consultation at no cost to you to discuss your possible claim, please contact his office.

Hope For Those With Severe Spinal Cord Injuries

Disabled people who suffer from severe spinal cord injuries that make them incapable of breathing on their own may see a big development in medical technology coming their way. Doctors at Thomas Jefferson University Hospital have successfully tested and implemented a new implant that will allow quadriplegic patients to breathe without the assistance of a ventilator. The doctors in charge of this new development liken the new implant to a pacemaker, which stimulates muscle activity in the diaphragm. This new device is also expected to reduce the risk of infection, such as ventilator-associated pneumonia (VAP), which was a significant problem with ventilators.

Researchers across the country are also developing treatments to rehabilitate paralyzed patients and, hopefully, help them walk again. The Wall Street Journal recently reported on collaborative research with universities and foundations across America that resulted in a paralyzed man regaining some movement and feeling in previously immobile parts of his body. By combining the use of electrical stimulation from an implant on his spinal cord and large amounts of physical therapy, the patient can now stand and move parts of his legs after only a few days of the treatment. This exciting new development will hopefully continue to aid in fully rehabilitating some forms of paralysis.

Unfortunately, significant brain and spinal cord injuries are not uncommon as a result of a motor vehicle accident, pedestrian accident, bicycle accident, or a slip-and-fall accident. Brain and spinal cord injuries are often complicated to treat and diagnose, and are unarguably frightening and difficult to deal with from the patient’s perspective. If the injury occurred due to the negligence of another, it is also difficult to find a lawyer with both knowledge and compassion about significant neurological injuries. Attorney Stoehr has experiencing handling cases involving these types of injuries and has received favorable outcomes. If you are looking for more information regarding a claim pertaining to spinal cord or brain injuries or would like to schedule a consultation, please contact our law office.

Elder Abuse on the Rise in Pennsylvania

Two recent occurrences across the state have put the spotlight on elder neglect and abuse in Pennsylvania. Unfortunately, this is an issue that Attorney Stoehr faces frequently with his clients and their families in the aftermath of serious injury or neglect in nursing homes and hospitals.

Quadrangle, a Delaware County nursing home, has recently lost its operating license after three workers were arrested for abusing and taunting a 78-year-old patient suffering from dementia. This is not the first time that this particular nursing home has had complaints of neglect; past occurrences have included paint ingestion by a patient in the dementia unit, as well as ingestion of an antibacterial product by another patient. Quadrangle may continue to work while it faces the appeals process. As unbelievable as this situation sounds, these kinds of situations are not uncommon in nursing homes that are understaffed or whose workers lack proper training or knowledge of emergency procedures.

Franklin County also has its share of elder abuse issues; they have reported a fourfold increase in elder abuse complaints within the last four years alone. Franklin County Area Agency on Aging has stated that they handled about 40 cases in 2007; contrast that number with their 2010 report of more than 120 cases and it’s easy to see how prevalent the problem is becoming. The agency has three broad categories in which it investigates cases—financial exploitation, abuse (physical, mental, and sexual), and neglect—which also extends to situations in nursing homes.

Pennsylvania ranks high among states for the percentage of elderly population, which is why it is so important to advocate for the rights of the elderly in situations of injury or neglect. Attorney Stoehr is familiar with, and has successfully resolved claims involving nursing home abuse and neglect. If you believe that you or a loved one has been a victim of nursing home abuse or neglect, please contact our law office for a consultation.

Pennsylvania Considering No-Texting Legislation

An increase in motor vehicle accidents due to texting while driving is prompting Pennsylvania politicians to introduce legislature that would make the practice illegal and possibly a primary offense. If texting while driving is made a primary offense, this allows police officers to stop a vehicle and ticket the driver if he or she is seen texting, even if no other offense has occurred (such as speeding or running a stop sign). If Pennsylvania makes this practice illegal, it will join 32 other states that have done the same, including 13 within the past year.

When this possible ban reached the House floor, an amendment was passed to include cell phone usage while driving as another primary offense. Due to this amendment, the bill was sent back to the Appropriations Committee, where it will be reviewed until it is ready to be readmitted to the House floor for voting. The PA Turnpike reported that 200 accidents were caused in 2010 by texting while driving, a significant number that many fear will rise if this bill does not pass.

At the Law Offices of Attorney Douglas Stoehr, we feel strongly that texting while driving creates distracted, unfocused drivers that are a potential danger to all other vehicles that share the road with them. Texting while driving is a significant cause of motor vehicle accidents. Further, although cell phone usage is presently not in violation of the Motor Vehicle Code, a defendant driver may still be negligent and therefore be responsible for your civil damages.

Although cell phone usage while driving is more understandable in certain circumstances, we encourage drivers to be completely focused on the road and only use their cell phone when absolutely necessary. If possible, stopping by the side of the road or in a parking lot while using your phone is a much safer and more responsible option than dialing and talking to another person while driving.

If you feel that you have been injured due to a distracted driver that was on their cell phone or texting while driving, please contact our office for a consultation.

Safe Driving Over Holiday Weekends

A recent news article by the Pittsburgh Post-Gazette reported that there were a large number of accidents on Pennsylvania highways over Memorial Day weekend, killing 13 people and injuring 294 others. In addition to the increase in accidents and injuries, there were 357 DUI arrests and 7,934 speeding tickets.

We cannot stress to you enough how important it is to remain safe and alert while driving during periods of increased motor activity, especially summer holiday periods like Memorial Day, 4^th of July, and Labor Day. Motor vehicle accidents, bicycle accidents, and pedestrian accidents can be easily prevented with a few simple, common-sense tips:

1) BE ALERT. Do not drive while fatigued.

2) BE FOCUSED. Do not be distracted by others in the car, do not use your cell phone while driving, and especially do not text while driving.

3) BE DEFENSIVE. While you may be a responsible and respectful driver, this does not mean that everyone you are sharing the road with is also a good driver. Be alert for aggressive drivers, those who frequently switch lanes or swerve, or those who are tailgating others.

4) BE SAFE. Always wear your seatbelt. In 5 of the 13 deaths recorded this weekend, the victim was not wearing their seatbelt. Additionally, do not consume alcohol before driving or get into a car with a driver who has been drinking. 83 of the 808 crashes this weekend involved alcohol.

Douglas V. Stoehr works with clients who have been injured in motor vehicle, pedestrian, and bicycle accidents. If you feel that you have been wrongly hurt in an accident, please contact our office for a free consultation. Safe driving and here’s to the start of long-overdue warm weather and a great summer!