Personal Injury Cases – Metzger Wickersham Attorneys at Law

Learning to ride a bicycle is a right-of-passage for most children, and many kids and adults ride bikes either for recreation or to commute to school and work. In Pennsylvania, these bicycle riders will find a state that is doing a pretty good job of meeting their needs. In fact, according to the Detroit Free Press, PA ranks #15 out of 50 states when it comes to being bicycle-friendly.

Of course our Pennsylvania bicycle accident attorneys know ranking #15 out of 50 means that there is still plenty of room to do better and to make the state even safer for bicycle riders. This will require a joint commitment from drivers and from riders themselves as everyone will need to obey safety rules and laws. To help encourage bicyclists and drivers to take steps to improve safety, PA is participating in National Bike Safety Awareness Month.

How You Can Make PA Safer for Bicycle Riders

There are a lot of different things going on during National Bike Safety Awareness Month, including organized events where riders are encouraged to bike to work or school. The hope is that if many thousands of people ride to work or school, drivers will take notice of the bicycle riders and will be reminded of the importance of bike safety.

The Department of Transportation is also rolling out a Roll Model campaign during Bike Safety Month. The campaign is targeting parents specifically and it encourages them to model good behavior for their kids by wearing a helmet when riding a bike. Parents are also urged to make a rule that their kids must wear helmets and advised on how to ensure that a child’s helmet fits properly.

The Roll Model campaign also goes beyond encouraging parents to help keep their own kids safe. Parents who ride bikes are also drivers. And, as drivers, they can take some concrete steps to help reduce the risk of bicycle accidents occurring. In fact, all drivers — and not just parents of bike riding kids — should follow some basic tips to help keep bicyclist safer on the road.

Safety tips to practice both during Bike Safety Month and Beyond include:

• Paying careful attention while driving and watching for bicycle riders. Be careful to watch for riders in blind spots and avoid doing things such as driving while distracted that could cause you to miss the fact that there is a bicyclist in your path.
• Leaving bicycle riders plenty of room. You shouldn’t pass a bike rider unless you have plenty of space to get around. In fact, in PA, it is illegal to pass a bicycle rider unless you can leave at least four feet of space. Yahoo reports that this 4-foot law went into effect in 2012.

Drivers who respect bicycle riders, who give them plenty of space and who remember that bike riders have the same rights as anyone else on the road will help to reduce the number of bicycle accidents. Hopefully, if drivers make a commitment to being careful, PA can become an even more bike friendly state and can move up on the list from #15.

If you or a loved one has been involved in an accident in Pennsylvania, contact Metzger Wickersham at 1-800-WIN-WIN-1.

Metzger Wickersham’s Attorney Steven Tregea recently became certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.

In order to become certified as a workers’ compensation specialist, attorneys must pass a rigorous screening to display their skill, expertise, and years of experience in the practice of workers’ compensation law.  Attorneys are required to pass a written exam and submit written work to display their active engagement in various categories of workers’ comp litigation, among other screening requirements.

Mr. Tregea has successfully demonstrated the required level of skill and experience necessary to become certified in workers’ compensation law, and we congratulate him for achieving this well-deserved accomplishment.

Why choose a certified workers’ comp lawyer?
Certification of lawyers in workers’ compensation law gives consumers valuable guidance when choosing lawyers to handle their cases. Injured workers can now identify which Pennsylvania workers’ compensation lawyers possess the knowledge and expertise necessary to effectively represent their best interests.

If you or a loved one needs advice or assistance with a workers’ compensation case in Pennsylvania, contact Metzger Wickersham law firm for a free consultation with Attorney Tregea or one of our other experienced workers’ comp attorneys. Call 1-800-WIN-WIN-1 (1-800-946-9461).

In recognition of May as Motorcycle Safety Awareness Month, Metzger Wickersham law firm reminds both motorists and motorcyclists to “share the road” conscientiously and courteously to help prevent motorcycle crashes, which remain one of the most prevalent causes of death and injury on Pennsylvania roads.

In addition to stressing the responsibilities shared by all users of the road to prevent motorcycle crashes, Metzger Wickersham also reminds everyone that the month of May will likely see increased enforcement by local police to make sure motorcyclists, and drivers of all types of vehicles, are obeying state and local laws.

“Safety is a mutual responsibility for motorists and motorcyclists alike,” said Metzger Wickersham attorney, Zach Campbell. “As one of the smallest of vehicles on the road, motorcycles are much more vulnerable to crashes than other vehicles. Motorcyclists are at least 25 times more likely to die in a crash than passenger vehicle occupants.”

In order to prevent accidents, Attorney Campbell suggested, “Drivers should always be on the lookout for motorcyclists and remember to check their blind spots before entering or exiting a lane of traffic. Use extra caution at intersections; many motorcycles are hit by vehicles when they’re turning.”

Metzger Wickersham offers the following additional tips for drivers to help keep motorcyclists safe on Pennsylvania roadways:

• Remember that a motorcycle is a vehicle with all of the rights and privileges of any other motor vehicle
• Never try to share a lane with a motorcycle – always allow a motorcyclist the full lane width
• Always use turn signals and be sure to thoroughly check traffic before changing lanes or merging
• Don’t tailgate – allow greater following distance when driving behind a motorcycle
• Don’t drive distracted or under the influence of alcohol

Campbell added, “Motorcyclists have responsibilities, too. Riders should be properly licensed, obey all traffic laws, and stay alert to other drivers.”

Motorcyclists can also increase their safety by following these tips:

• Wear protective gear at all times, including a helmet (PA state law only requires riders 20 years and under to wear them - but a proper helmet can prevent traumatic head injuries and death in the event of an accident)
• Use turn signals for every turn or lane change, even if you think no one will see it – also consider using hand signals to draw more attention to your motorcycle
• Position your motorcycle to avoid a driver’s blind spot
• Use reflective tape and stickers to increase conspicuity when riding at night
• Ride within your own skill limits
• Never ride while impaired or distracted
• Avoid riding in poor weather conditions

This safety advice is particularly timely as motorcycle fatalities in 2011 showed an increase, according to National Highway Traffic Safety Administration data. Motorcycle deaths accounted for 14 percent of total highway deaths for the year, despite motorcycle registrations representing only about 3 percent of all vehicles in the US.

Metzger Wickersham urges all drivers and motorcyclists to share the road with each other to ensure that everyone has a safe experience on the road.

For additional information on motorcycle safety, visit http://www.nhtsa.gov/Safety/Motorcycles.

If you or a loved one has been injured in a motorcycle accident in Pennsylvania, contact Metzger Wickersham to talk with one of our experienced motorcycle accident injury attorneys.

Metzger Wickersham joins the campaign to end dangerous driving behavior: Arrive Alive Contest for high school seniors stresses dangers of drunk and distracted driving

In an effort to make our roads safer, Metzger Wickersham law firm has pledged its support to help spread the message that distracted drivers and drunk drivers are not only a danger to themselves, but everyone else on the road.

Metzger Wickersham is hosting its first annual Arrive Alive contest which encourages teens to enter a creative project that sends a memorable message to their peers about the dangers of drunk driving and/or distracted driving. First place winners in the contest receive a new laptop computer and everyone who enters receives other prizes for their effort. Entries are being accepted through May 17, 2013.

Metzger Wickersham’s Pennsylvania accident attorneys hope that the contest is successful in educating teens to practice safe driving techniques.

“An alarming number of young people think it’s okay to text or talk on the phone while driving, or have a few drinks and get behind the wheel — but tragedy after tragedy shows that these actions can have deadly consequences,” said Metzger Wickersham attorney Ted Knauss.

Young drivers may be especially vulnerable to drinking and driving and/or texting and driving, because they do not have enough driving experience to fully understand the dangers of their behavior.

Campaigns that educate the young about dangerous driving are vital to our community. If teens learn about the perils of drunk driving and distracted driving, they will hopefully think twice before engaging in risky behaviors and many young lives could be saved.

To learn more about Metzger Wickersham’s Arrive Alive Contest, visit arrivealivepa.com, email arrivealive@mwke.com or call Metzger Wickersham for more information (877) 266-9494.

According to Health Day News, car accidents are the leading cause of death for kids four years of age and younger, at least in part because these young children are often not properly restrained. While kids under four need to be in car seats, many parents aren’t really sure how to use them correctly. Unfortunately, a new study shows that even when kids get into a car accident and are taken to the emergency room, parents are still not educated properly on safe car seat use.

Our Pennsylvania accident attorneys know that a child can be very seriously hurt in any car accident. If the child is not properly secured into a car seat, however, the injuries are likely to be more severe. It is imperative that every effort be made to provide parents with better education on car seat use so kids can be better protected in the event that a crash happens.

Parents Not Receiving Car Seat Education

A recent Health Day News article released information from a study lead by a clinical lecturer in the department of emergency medicine at the University of Michigan’s C.S. Mott Children’s Hospital. The lead author of the study indicated that a visit to the emergency room after an auto accident presents an extremely important chance to educate families about safe car seat use in order to help keep kids out of the hospital in case a future accident happens.

Yet, the study shows that parents simply aren’t receiving this information because emergency rooms are failing to provide it. The study author indicated that the research showed emergency room physicians were largely unaware of resources in the community intended to show parents how to use child seats safely. As such, emergency room physicians simply don’t provide this potentially life-saving information to parents.

This is a huge missed opportunity to save lives, since more than 130,000 kids ages 13 and under go to the emergency room each year after getting hurt in a car wreck. More than one-third of doctors surveyed, however, indicated that they didn’t know if the emergency departments where they worked even had information available about safe use of child seats.

When kids are treated in general emergency departments without specialized pediatric care, parents are even less likely to get information on proper use of child seats than in healthcare environments where the treating physicians have a pediatric specialty. Since almost 85 percent of kids who get into car accidents are treated in general emergency rooms, this means that the vast majority of parents and kids aren’t getting any support for how to use car accidents more safely.

Protecting Your Kids

While hospitals should do better as far as making sure parents are educated about safe car seat use after an auto accident, parents can also get help and information on their own.

At most local police stations, there is information on safe use of child seats. Parents may be able to attend special events where they are taught how to secure their child properly, and can get a hands-on demonstration from community groups and programs specifically intended to teach safe child seat use.

Parents should also be aware that car seats need to be replaced after every car accident with vehicle intrusion; with air bags that deployed; or with a car that was not drivable after the wreck.

If you or a loved one has been involved in an accident in Pennsylvania, contact Metzger Wickersham injury lawyers at 1-800-WIN-WIN-1.

On March 10, 2013, a young child was attacked by a Rottweiler in Perkiomen Township, about an hour outside of Pottsville. The dog bite victim received medical care for substantial wounds to her leg.

Our Pottsville dog bite attorneys understand that the owners of the canine that attacked the girl authorized state troopers to euthanize the dog following the incident. The dog owners had reportedly either just purchased or were planning to purchase the animal when the incident occurred.

Exact details about how the event unfolded aren’t clear, but according to Pennsylvania State Police, there will be no charges filed against the family who had the dog, as they “did everything that they could do.”

PA Dog Bite Laws

In Pennsylvania, the Dangerous Dog Statutes are found in 3 P.S. 459-101 through 3 P.S. 459-1205. These statutes impose strict liability upon a dog owner in certain situations. A dog bite victim may recover for all losses, including pain and suffering, if it is proven that the dog has a bite history or has shown a tendency towards dangerous or violent behavior – (this is sometimes referred to as the “one-bite rule”).

If the dog does not have a bite history, then the victim may still recover compensation if the injury can be characterized as “severe.” A severe injury can include broken bones, the need for cosmetic surgery, and the requirement for numerous stitches.

If the dog has no adverse history and the injury is not severe, then the victim may still recover for medical expenses. In this case, the injured victim must only prove that the defendant is the owner of the dog.

Conversely, the victim may pursue damages on the basis of negligence. Examples of negligence theories include failure to leash the dog or failure to properly confine the dog. If a case based upon negligence is proven, then the victim may recover for all losses, including pain and suffering – regardless of the severity of the injuries or whether the dog has a history of violence.

In all cases, the dog owner may raise provocation of the dog as a defense. What constitutes provocation varies case by case, but provocation does not have to be intentional to bar a claim.

Pennsylvania Dog Bite Statistics

In Pennsylvania, the number of dog bites have been rising in recent years. A report released last year by a State Farm Insurance study found that dog bites in Pennsylvania had climbed 30 percent in a matter of just 12 months, from 163 claims in 2010 to 197 claims in 2011.

Nationally, there are about 5 million reported dog bites each year — and an estimated $480 million is paid out to dog bite victims yearly. California, probably by sheer size, had the most claims with 527, while Minnesota had the least, with 117. More than half of all dog bite victims are either children or the elderly.

State Farm noted several things that dog owners can do to minimize the chances that their dog will become a bite risk:

• Socialize your dog at an early stage of development so that it will feel at ease around different people and in various social settings.
• Properly train your dog with commands of sit and stay.
• Never leave your canine alone with a child under the age of 10, regardless of how much you trust your dog.
• Don’t chain your dog, as this leads to increased levels of stress, protectiveness and aggression.

If you or a loved one has been bitten by a dog in Pennsylvania, contact Metzger Wickersham at 1-800-WIN-WIN-1.

Metzger Wickersham
3211 North Front Street
Harrisburg, PA 17110
(717) 238-8187
www.mwke.com

Metzger Wickersham, P.C. is pleased to announce that Lauren R. Nichols, Esq. has joined the firm as an associate attorney.

Ms. Nichols graduated magna cum laude from the University of Pittsburgh in 2008 with a Bachelor of Arts degree, double majoring in history and political science. While an undergraduate at Pitt, Ms. Nichols was a member of the University Honors College.

She also completed her Juris Doctorate at the University of Pittsburgh, graduating in May 2012. While in law school, Ms. Nichols completed a fellowship in legal research through the University of Pittsburgh’s Barco Law Library and was a member of Phi Alpha Delta Law Fraternity.

Ms. Nichols is admitted to practice law before the Pennsylvania Supreme Court and the United States District Court for the Western District of Pennsylvania.

Throughout her undergraduate career, Ms. Nichols was employed with the prominent Pittsburgh medical malpractice and personal injury plaintiffs’ firm Gismondi & Associates. She continued her work there as a law clerk beginning in 2010 and assisted in the preparation and settlement of multi-million dollar cases against major corporations.

“I’m very much looking forward to the opportunity to learn about the Harrisburg area while developing my practice at Metzger Wickersham,” said Nichols, originally from Southwestern Pennsylvania.

At Metzger Wickersham, Ms. Nichols will focus her practice on representing claimants in workers’ compensation and social security disability cases.

Metzger Wickersham
3211 North Front Street
Harrisburg, PA 17110
(717) 238-8187
www.mwke.com

Some 1,300 drivers in Pennsylvania were ticketed for texting while driving within the first year of a statewide law banning the practice. The ban formally went into effect March 8, 2012.

Our Lancaster car accident lawyers understand that roughly 40 percent of those tickets were doled out to drivers in the Philadelphia area and surrounding communities.

High rates in Philadelphia are likely primarily due to the fact that the region is heavily populated and highly traveled. More volume is inevitably going to equal more tickets.

July saw the most tickets given out, with March ranking No. 2. Monthly totals tapered off significantly in the colder months.

It’s also worth noting that law enforcement was likely a bit more vigorous in enforcing the law in the first few months after it passed.

We  have no way of knowing how many drivers were given just a warning, but it’s likely that the number of citations would have been even higher had officers ticketed every driver they knew to have been texting while driving.

The new statute makes it a primary offense for a driver to send a text message while also operating a motor vehicle. A primary offense means that the officer could choose to stop a driver solely for this purpose.

A fine for violating the statute is $50, but the hope is that the law itself will serve as a deterrent.

Last year, nearly 60 people were killed in Pennsylvania as a result of distracted driving.  The year before, it was about the same, though slightly higher.

While we may be taking the appropriate actions with our text banning law, we are behind in other areas. Unlike numerous other states, Pennsylvania has no restrictions for talking on a cell phone while driving (hands-free or otherwise) – not even for teens and new drivers.

Federal traffic safety officials estimated that roughly 25 percent of all crashes that occurred in 2011 were a direct result of cell phone use. That amounts to approximately 1.3 million crashes that could have been easily avoided simply by putting down the phone.

To put into perspective the danger of texting while driving, you can generally anticipate that sending a text takes your attention away from the road for five seconds. This doesn’t sound like much, which is why few people tend to take it seriously. However, if you are traveling at 55 miles per hour, a 5-second distraction equals the length of an entire football field in which you weren’t looking at the road in front of you. A lot can happen in that distance – in less than a second.

Just reaching for your phone makes you 1.4 times more likely to wreck. Talking or listening on your phone? You’re 1.3 times more at risk. Actually dialing a number makes you 2.8 times more likely to crash. Texting makes you 23 times more likely to be involved in a motor vehicle accident.

And yet, nearly 80 percent of those responding to a recent survey answered that they were able to safely text while drive.

Texting while driving is always a risk, and the sooner we can drive that message home here in Pennsylvania, the safer we all will be.

If you or a loved one has been involved in a texting while driving accident in Pennsylvania, contact Metzger Wickersham injury lawyers at 1-800-WIN-WIN-1.

Metzger Wickersham
3211 North Front Street
Harrisburg, PA 17110
(717) 238-8187
www.mwke.com

According to the Centers for Disease Control and Prevention, nearly 1.7 million people sustain traumatic brain injury (TBI) in the United States each year. The month of March is dedicated to raising awareness about the prevalence of brain injuries and how to prevent them. This month also highlights the importance of support services for individuals living with traumatic brain injury.

When people think of traumatic brain injury, they may consider only severe cases – the kind that are often talked about in the media, such as stories of injured football players. But brain injuries can happen to anyone, anytime, anywhere, and are far more common than many people realize.

A traumatic brain injury is a “blow, jolt or bump to the head or a penetrating head injury that disrupts the normal function of the brain” (Brain Injury Association of America). There are many causes of traumatic brain injury, but the leading causes are:

• Slip and fall head injuries
• Motor vehicle accidents (car, truck, motorcycle accidents)
• Colliding with a moving or stationary object
• Assault / Abuse

Even minor brain injuries can have a devasting impact on a person’s life and should not be taken lightly. Symptoms of minor brain injury vary greatly from person to person, but often include dizziness, nausea, sensitivity to light, difficulty with concentration, and memory loss.

People with more severe brain injury may have the same “internal” symptoms as people with minor TBI, but usually also have symptoms that are obvious to outside observers, such as impaired speech or trouble with basic motor skills.

Knowing how TBI occurs and who is affected can help shape prevention and research strategies for the future — so, please spread the word about Brain Injury Awareness Month!

If you or a loved one has suffered a brain injury caused by someone else’s negligence, our attorneys may be able to help you recover compensation for medical bills and pain and suffering. Contact Metzger Wickersham today to get started with a free consultation.

Metzger Wickersham
3211 North Front Street
Harrisburg, PA 17110
(717) 238-8187
www.mwke.com

Seton Hill’s women’s lacrosse team was on their way to Millersville University for a game, when the team bus veered off the Pennsylvania Turnpike and crashed into a tree on Saturday morning, March 16th,  just before 9am. It was a one vehicle accident, and police couldn’t immediately determine what caused the crash. The accident is currently under investigation.

According to news reports, the pregnant team coach, Kristina Quigley, and her unborn baby sadly died in the crash. Quigley, 30, of Greensburg, was known as a “very happy person, very passionate about life, about her players, about her job and most importantly about her family,” reported the Huffington Post. She was married and had a young son, Gavin.

The bus driver, Anthony Guaetta, 61, also died in the accident. Numerous other passengers were injured and all were taken to local hospitals as a precaution.

If you or a loved one has been involved in an accident, call Metzger Wickersham’s Pennsylvania injury lawyers for a free consultation.

Metzger Wickersham
3211 North Front Street
Harrisburg, PA 17110
(717) 238-8187
www.mwke.com