Lane Splitting in Pennsylvania—Is It Safe?

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Lane-Splitting in Pennsylvania

With Move to Legalize Practice, Questions Arise About Safety

Lane Splitting in Pennsylvania—Is It Safe?Chances are, if you’ve been in heavy traffic in one of Pennsylvania’s big cities, or out on the turnpike or other highway, you’ve seen a motorcyclist zoom between cars to move forward. It’s a practice known as “lane-splitting,” and it’s currently prohibited by Pennsylvania law.

Lane-splitting has been legal in many European countries for a while and was legalized in California in 2016. A number of other states are considering the practice, and some Pennsylvania law makers have expressed interest in legalizing it in the Keystone State, which has led to discussion about the safety of the maneuver.

Those in favor of lane-splitting contend that the practice reduces the risk of rear-end accidents and leads to less congestion overall. They point to the success of the practice abroad, as well as three specific studies:

  • The Hurt Report (1981), out of California, suggests that lane-splitting can reduce the likelihood of rear-end collisions involving motorcycles.
  • U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS) data indicates that rear-end crashes involving motorcycles are fewer in California than in comparable states where the practice is not expressly permitted, including Florida and Texas.
  • A 2015 study by the University of California found that accidents and injuries are minimal when lane-splitting is done at speeds under 50 miles per hour, as long as the motorcyclist also does not exceed the surrounding rate of traffic by more than 15 miles per hour.

Opponents of lane-splitting argue that the research is minimal and less than conclusive. They worry that motorcyclists will be even less visible than they currently are, or that they could startle motorists and cause them to avert their eyes from the road.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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The Probate Process—An Overview

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The Steps Required to Settle an Estate in the Probate Courts

The Probate Process—An OverviewIf you’ve been named executor or administrator of the estate of another person, chances are you have little or no idea exactly what that means and what you’ll be asked to do. While every state will have some specific rules regarding the administration of estates, there are some basic guidelines. Those guidelines are different, though, depending on whether or not the state has adopted the Uniform Probate Code (UPC). The general process in states like Pennsylvania, which has not adopted the UPC, is as follows:

  • Appointment as executor, administrator or personal representative of the estate—You initiate the probate process by petitioning the court to appoint you as executor (the terms administrator and personal representative mean the same thing) of the estate. You will need to file the original copy of the will, and an original death certificate, and will need to publish notice and notify beneficiaries/heirs. If the will does not exclude it, you may also be required to post a bond.
  • You must then establish the validity of the will—If the will does not meet the requirements to be “self-proving,” you will need affidavits from those individuals who witnessed the execution of the will.
  • To administer the estate, you’ll need to:
    • Prepare an inventory of the assets of the estate, and obtain values on property, if necessary
    • Obtain a tax ID # for the estate from the Internal Revenue Service
    • Open an estate bank account
    • Arrange for the preparation of final income tax returns
    • Notify all creditors of the death and pay all final debts of the estate
    • Prepare and file state and/or federal estate tax returns, if required
  • To close the estate, you’ll have to:
    • Notify heirs/beneficiaries of the date and time of the final hearing
    • Obtain permission from the court to distribute property
    • Transfer assets to designated heirs/beneficiaries (and get a receipt)

As you can see, the probate administration process can be complex and time-consuming. That’s why it’s in your best interests to hire experienced attorneys to guide you through the process.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Living Wills and Advance Directives—What’s the Difference?

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Do You Need Both?

Living Wills and Advance Directives—What's the Difference?If you’ve been thinking about your estate planning—maybe doing a little online research or talking around the water cooler—you’ve learned a bit about wills, trusts, and powers of attorney. You’ve likely seen references to “advance medical directives” and “living wills.” On the surface, it can seem like they are essentially the same thing—a way to specify the type of medical care you want in the event you’re unable to make the decision yourself. Are they the same? If not, what’s the difference? And do you need both?

Advance Medical Directives

As the name suggests, an advance medical directive allows you to identify in advance your wishes with respect to medical treatment. An advance medical directive is typically conditional, meaning it goes into effect only when certain conditions stated in the document are met. Often, the conditions include the determination by a competent medical professional that you lack capacity to make your own decisions.

An advance medical directive may address any issue related to your health, such as whether or not you want to be resuscitated and whether you want a feeding tube or other end-of-life treatments. In practice, though, advance directives more often simply designate a person to act as your proxy and make medical decisions on your behalf.

Living Wills

A living will is a type of advance directive, typically one that goes into effect only if you become terminally ill. The provisions set forth in a living will customarily apply only to end-of-life decisions, such as artificial life support, organ donation, and “do not resuscitate” orders.

In most situations, a person doesn’t need both an advance medical directive and a living will, provided the advance directive is comprehensive enough to address end-of-life issues.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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What If You Are Partially Responsible for Your Own Injuries?

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Can Your Own Negligence Bar Recovery from Another Responsible Party?

What If You Are Partially Responsible for Your Own Injuries?In a personal injury lawsuit, one of the key requirements to recover damages is showing who caused the accident. The allocation of responsibility establishes who will pay damages for the losses suffered. That allocation also can play a factor in the amount of money the injured person receives because the court can reduce the damage award in situations where the injured party’s carelessness partially caused the accident.

As the law of negligence evolved over centuries, the principle of contributory negligence was applied. Under the doctrine of contributory negligence, if the injured person was negligent in any respect, and that negligent was a contributing cause of the accident, then there could be no financial recovery. Unfortunately, this led to abuse. Defense attorneys looked for any instance of carelessness that could be used to deny recovery. As a result, an insignificant act of carelessness could prevent recovery from a grossly negligent defendant.

Because of the perceived unfairness of the contributory negligence approach, all states now follow the concept of comparative negligence. Under comparative negligence, the court looks at the injured party’s total losses, determines the degree to which the injured party was responsible, and then proportionally reduces the damage award.

There are, however, two different approaches to comparative negligence:

  • Pure comparative negligence—In a pure comparative negligence state, the plaintiff will always receive something, unless the jury holds the plaintiff to be 100% responsible. For example, if the total damages are $100,000, and the plaintiff is 75% responsible, there will still be a damage award of $25,000.
  • Modified comparative negligence—In states that apply this standard (such as Pennsylvania), the plaintiff’s responsibility must fall below a certain threshold—typically 50%. If the injured party’s liability is above that point, there is no recovery.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Protecting Your Rights After a Work-related Injury in Pennsylvania

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What You Need to Do in the Immediate Aftermath of a Work Injury

Protecting Your Rights After a Work-related InjuryIn Pennsylvania, as in all states, when you have been hurt on the job, you have a right to seek benefits for lost income and medical expenses. You need to be careful, though. If you don’t take the correct steps, you might jeopardize your right to compensation. Here’s a checklist to guide you through the process.

  • Report the injury as soon as possible—Don’t worry about whether your employer believes you, questions the seriousness of the accident, or just thinks you’re a complainer. The longer you wait to report the injury, the greater the risk that some intervening accident will occur and your employer will attribute your injuries to that event. It’s a good idea to report an accident even if you don’t perceive any immediate injury. Sometimes it can take a day or two (or even longer) for an injury to fully manifest.
  • Get medical attention—Most doctors will tell you that the sooner you seek medical care, the more options you’ll have and the greater the likelihood of a full or maximum medical recovery. If the injury is serious, be willing to be transported to a hospital by ambulance. This isn’t the time to be strong in front of co-workers. Defer to the experience and knowledge of medical professionals. When you receive medical care, ask the doctor to document everything in writing. In addition, be sure to tell medical professionals about everything that’s out of the ordinary. Don’t focus on the obvious—like a broken bone—and neglect to mention the pulled muscle in your back or neck.
  • Take pictures of the accident scene, if possible—That includes everything from workplace conditions (oil or substances on the floor, debris, etc.) to your injuries.
  • Document the details—Keep notes of everything, from when you notified your employer to who was present at the time of the accident.
  • Hire an experienced attorney—The sooner you retain legal counsel, the sooner you’ll have someone gathering and preserving evidence to support your claim.

Contact Barnard, Mezzanotte, Pinnie&Seelaus

At Barnard, Mezzanotte, Pinnie&Seelaus, we have protectedthe rights of personal injury victimsinPennsylvaniasince 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Settlement Offers in a Workers’ Compensation Claim

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What Is a Workers’ Compensation Settlement? How Does It Work?

Settlement Offers in a Workers' Compensation ClaimWhen you’ve been injured on the job, you usually have the right to seek workers’ compensation benefits. In most instances, approval of your claim entitles you to regular payments for a period of time, which varies based on the seriousness of your injury and whether the injury is temporary or permanent.

In some instances, though, the workers’ compensation insurance company may offer you what’s known as a “settlement.” In Pennsylvania, workers’ compensation settlements typically are referred to as “compromise and release” agreements. In essence, a settlement requires that you permanently withdraw your workers’ compensation claim in exchange for some type of cash payment. In most instances, the offer is for a lump sum payment, but under certain circumstances the insurer may be willing to set up a “structured” settlement that’s paid out over time.

With a lump-sum payment, the insurance company determines the “present value” of the total amount of payments to which you’d be entitled if you opted for periodic payments instead of a lump sum. In other words, the insurance company assumes a rate of return on the lump sum and reduces the total amount by that rate. The calculation process can be complicated, so if you’re offered a workers’ compensation settlement, it’s important to have an experienced attorney advising you.

It’s important to understand a couple of other things about accepting a workers’ compensation settlement:

  • It typically applies only to the cash compensation to which you are entitled. If you take a lump sum, you won’t be entitled to any further payments. However, you’ll still be entitled to medical coverage through the workers’ compensation claim, unless your employer makes termination of medical benefits a condition of settlement.
  • You won’t have to return any money if you are able to go back to work. With periodic payments, you may lose some of your eligibility if you return to work. With a settlement, that’s typically not the case.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Is There a Duty in Pennsylvania to Remove Snow and Ice from Your Car?

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Can You Be Liable if You Cause an Accident Because Your Vision Is Impaired?

Is There a Duty in Pennsylvania to Remove Snow and Ice from Your CarIt may be dangerous, but it’s a common sight—motorists driving on the streets or highways of Pennsylvania with an accumulation of snow on the hood or windshield, or with small patches scraped in the ice or frost on the windows. What does Pennsylvania law say about the responsibility of a driver who causes an accident because they failed to clear snow or ice from a vehicle?

No Statutory Requirement to Remove Accumulated Snow and Ice

There is currently no written law in the state of Pennsylvania that obligates drivers to remove ice or snow from a motor vehicle before taking on the street. The legislature has seen many such bills introduced, but none have passed. There is, though, a statutory provision that can lead to fines and penalties if a driver has a sufficient accumulation of snow or ice on a vehicle such that it forms a “projectile” and causes death or serious bodily injury to another driver.

However, just because there’s no written law governing the accumulation of snow and ice doesn’t mean a driver can’t be held financially accountable for another person’s loss or injury. Under the legal theory of negligence, all persons in society are required to use reasonable care in their daily pursuits, so as not to create an unreasonable risk of injury to others. It can be argued in a court of law that a reasonable person, upon observing an accumulation of ice or snow that might impair visibility, would clean the snow and ice from places such as the windshield, hood, bumpers, top, and other areas. In determining what areas to clean, the driver should give consideration to loose snow that might blow around while driving, thereby impairing visibility.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Happy Thanksgiving 2019

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Happy Thanksgiving 2019

“Give thanks not just on Thanksgiving Day, but every day of your life. Appreciate and never take for granted all that you have.” – Catherine Pulsifer

Slips-and-falls in Pennsylvania’s Winter Weather Conditions

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The Duties of Property Owners with Respect to Snow and Ice

Slips-and-falls in Pennsylvania's Winter Weather ConditionsWinter’s just about here, and in Pennsylvania, that means lots of snow and the potential for icy conditions. According to the National Weather Service, many parts of Pennsylvania can get up to two feet of snow every year. When conditions create snow, ice often follows. Snowy and icy sidewalks and steps often contribute to slip-and-fall injuries. What are the duties of property owners in the Quaker state regarding the accumulation of snow and ice?

The Duties of Owners and Property Managers

In Pennsylvania, anyone seeking to recover damages for a slip-and-fall on an icy or snowy sidewalk or other thoroughfare must show that the owner or manager of the property knew or should have known of the potentially dangerous condition. It also must be shown that the property owner/manager failed to take reasonable steps to remove the snow/ice or warn others of the danger.

As a general rule, in Pennsylvania, a property owner has 24 hours after the end of a snowstorm either to provide a warning or remove the snow. Pennsylvania also has a unique legal doctrine, known as the “hills and ridges” doctrine, whereby the duty of property owners only arises when the accumulation of snow or ice causes the formation of “hills” or “ridges.” This rule of law has three requirements:

  • The accumulated snow or ice must be such that it unreasonably obstructs travel.
  • The property owner/manager must have actual or constructive knowledge of the hill or ridge.
  • The hill or ridge must have caused the injured person to slip or fall.

There is, however, an exception to the “hills and ridges” doctrine—it will not exculpate a property owner when dangerous conditions are created by some other type of negligence, such as improper building maintenance.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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