Personal Injury Cases – Metzger Wickersham Attorneys at Law

When you purchase auto insurance in the state of Pennsylvania, you are given the option to select either full tort or limited tort on your policy. When presented with this decision, many people are inclined to choose the limited tort option because it translates into a cheaper premium. However, a staggering number of individuals don’t realize how their tort selection affects their rights if they get into an accident.

FULL TORT COVERAGE

Full tort preserves your right to bring a claim for pain and suffering if you are injured in a car crash. There are no limits to what you may bring suit for, whether it be simple whiplash or a more complex nerve injury.

LIMITED TORT COVERAGE

Selecting limited tort on your policy does just what it sounds like – it limits your right to sue for pain and suffering. There are a few exceptions to the limited tort option, but generally, if you have limited tort you will not be able to bring a claim for pain and suffering unless you are “seriously injured.” Pennsylvania cases are harsh in their definition of serious injuries; sometimes, not even multiple broken bones will get you over the limited tort barrier.

YOUR TORT OPTION AFFECTS YOUR FAMILY

The tort option you select is also binding to all of your resident relatives. Although the definition of “resident relative” varies by the language in your automobile policy, it generally refers to any person related to you by blood, marriage, or adoption and living in the same household. This includes your spouse, children, grandchildren, aunts, uncles, and cousins. Your tort option follows your resident relatives everywhere they go – whether they are driving your vehicle, a passenger in your vehicle, or even if they are a passenger in a friend’s vehicle.

ALWAYS CHOOSE FULL TORT

As Pennsylvania personal injury lawyers, we often hear from injured people that we can’t help. Unfortunately it is because they had selected limited tort. The tort option applicable to your policy at the time of your accident is the tort option that will apply to your case. If you do not have full tort at the time of an accident, you cannot change your policy to full tort and have it apply retroactively to the accident.

It is important to select full tort on your auto insurance policy so that you can retain your right to bring a claim against any responsible parties if you are injured in a car crash. If you have limited tort, we strongly urge you to contact your insurance agent and request to change it to full tort.

If you have questions or if you have been injured in an accident and would like to speak with one of our attorneys, contact us today for a free consultation.

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

By: Catherine Nguyen Reeves, Esq.

The border of New Jersey and Pennsylvania is roughly a two hour drive from Harrisburg. Cape May and Wildwood are maybe three hours away, which makes the New Jersey beaches an attractive and convenient choice for a short summer getaway. Pennsylvania residents might also travel to New Jersey to fly out of Newark, visit the aquarium in Camden, or visit their children at college. Whatever the reason, automobile accidents are as much of a concern there as they are in Pennsylvania.

Most Pennsylvania residents purchase their car insurance in Pennsylvania and utilize this insurance for accidents that happen in Pennsylvania. Accidents that involve Pennsylvania drivers and Pennsylvania policies are usually simple to navigate. Pennsylvania police report? Check. Personal injury protection? Check. Full tort? Check. The laws of Pennsylvania obviously govern cases like these, and there are no questions about jurisdiction. Attorneys and their clients can typically figure out their chances of success early.

Imagine that your mother has decided to travel and you would like to drop her off at Newark International Airport. You take Interstate 78 eastbound for awhile and eventually see a “Welcome to New Jersey!” sign. You cross the state line. Almost immediately, a New Jersey driver merges into you and knocks you across two lanes of traffic, causing your vehicle to hit the median. As a result of the accident, you suffer from whiplash and require two months of physical therapy to relieve the pain in your neck. You elected the full tort option under your automobile policy that you contracted for in Pennsylvania. Can you recover for your pain and suffering from the New Jersey driver?

In New Jersey, the legislature enacted the “Deemer Statute”, N.J.S.A. 17:28-1.4. This statute applies specifically to out-of-state drivers who have insured their vehicles with a company that is authorized to do business in New Jersey. By “authorized to do business in New Jersey”, it means that if your automobile insurer is allowed to sell any type of insurance in New Jersey, this statute applies to you. On one hand, the Deemer Statute helps non-New Jersey residents by granting them the benefit of $250,000 worth of PIP benefits (first party coverage that pays the medical bills related to the accident). This is a large improvement over Pennsylvania’s minimum of $5,000 in PIP benefits. On the other hand, the Deemer Statute automatically deems every out-of-state driver as having the verbal threshold – the equivalent of Pennsylvania’s limited tort option.

As a quick reminder, having limited tort on your auto policy means that you cannot recover an award for pain and suffering. With full tort, you can recover for pain and suffering. New Jersey has very similar options. The verbal threshold option, also known as the “limitation on lawsuit” option, is very much like limited tort. In exchange for a lower premium, you are giving up your right to sue the other driver for noneconomic damages except in the case of a few narrow exceptions. The other option is the zero threshold option, also known as the “no limitation on lawsuit” option, which functions like Pennsylvania’s full tort. 

Under the Deemer Statute, even if a Pennsylvania driver elected the full tort option on his automobile insurance policy, if the insurance company may do business in New Jersey, that Pennsylvania driver is bound to the verbal threshold option once he crosses the border into New Jersey. So if you are hit by a New Jersey driver and don’t suffer catastrophically, you are out of luck no matter your tort election. If this seems unfair, many out-of-state drivers have agreed with you and brought the issue to the Pennsylvania courts. Unfortunately, Pennsylvania’s Superior Courts have read the Deemer Statute as forming an implied endorsement to a Pennsylvania policy. Smith v. Firemens Ins. Co., 590 A.2d 24 (Pa.Super. 1991). This means that the courts interpret the statute as more helpful than harmful and won’t be challenging the New Jersey legislature about the Deemer Statute anytime soon.

Like the limited tort option, there are a few ways to overcome New Jersey’s verbal threshold. If you were injured in a car accident in New Jersey, you should contact an attorney to inquire about a case. When vacationing in New Jersey, stay safe, don’t text while driving, and enjoy the beaches!

Attorney Reeves is licensed to practice in Pennsylvania and New Jersey.

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

Carmakers are in a race to install the latest in-dash applications and electronic connectivity into their 2013 models, but not everyone is cheering them on. High-tech trends in car manufacturing have regulators convinced that dashboard systems will create a new spike in distracted driver car accidents. They believe that giving drivers more electronic gadgets and locating already popular tech toys right on the dash could add a whole new breed of distracted driver collisions to a list that already includes texting car accidents and cellphone wrecks.

According to a recent New York Times article, car manufacturers are working hard to lure car buyers who want to stay as connected as possible from behind the wheel. Many 2013 vehicles will have pre-installed dashboard technology such as Internet-type systems and smartphone connectivity.

The Pennsylvania personal injury attorneys at Metzger Wickersham consider these new in-dash technologies a risky move on the part of carmakers. “The level of distraction caused by texting while driving has already proven to be deadly,” says partner Ted Knauss.  “Texting alone makes an accident 23 times more likely, so adding more driver distractions is going to significantly increase the likelihood of rising accident injury and fatality statistics.”

People who buy cars with these state-of-the-art options will be able to book theater seats, plane tickets, and hotel rooms right from their dashboard while driving, possibly spawning new accident lingo, such as Facebook head-ons, GPS sideswipes, restaurant reservation rollovers and Twitter truck crashes.

Many car manufacturers insist that in-dash options are safer than hand-held devices, but the National Highway Traffic Safety Administration (NHTSA) begs to differ. In its February 2012 report on Driver Distractions Guidelines for in-vehicle electronic devices, it attests that even the most basic navigation devices interfere “inherently with a driver’s ability to safely control the vehicle.”  The report states that over 900,000 police-reported accidents in the United States in 2010 were driver distraction wrecks, which is 17% of the distracted driver crashes written up by the police that year.

The NHTSA’s report recommends that carmakers shut down in-dash functions that cause drivers to take their attention off the road for more than two seconds. The 177-page report also recommends making any keyboarding needing more than six button presses per task illegal, along with the use of over 30 text characters on a dashboard screen. It remains to be seen if carmakers take this advice, which means everyone is going to have to start driving more cautiously than ever.

The injury lawyers at Metzger Wickersham put decades of experience to work for their clients who were injured in a distracted driver car crash. If you or someone you love suffered a distracted driver car accident injury of any kind, Pennsylvania personal injury attorneys Metzger Wickersham can fight for your rights. For more information and a free consultation, contact 1-800-946-9461 or fill out our online contact form.

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

A recent crash in Penn Township, Cumberland County, Pennsylvania left one dead and others injured. The accident, which took place at the intersection of Centerville and Walnut Bottom roads, occurred when a van carrying 11 people entered the intersection after failing to stop at the stop sign. The van collided with a loaded dump truck, and the front seat passenger of the van was thrown from the vehicle and pronounced dead at the scene. Other passengers in the van, including 7 children, were taken to nearby hospitals for treatment. The driver of the dump truck was unharmed.

Investigation of the crash is ongoing at this time, but accidents such as this should remind us all how important it is to obey traffic signs at intersections. Many people assume that the most dangerous driving situations involve high speed environments, such as highways. However, you might be surprised to learn that the most dangerous driving situations are typically encountered at intersections. Intersections place drivers in an environment where very little space is available to avoid the serious consequences of poor driver choices, such as disobeying traffic signals.

According to the Federal Highway Administration (FHWA), intersections represent a disproportionate share of the roadway safety problem, with intersection-related crashes accounting for an estimated 44% of all reported crashes in the US each year. The FHWA and other organizations have identified intersection safety as a national, state and local priority.

Stopping at stop signs is one of the basics of driving, yet motor vehicle operators who fail to obey traffic signs at intersections are a high-risk safety concern. As Pennsylvania injury lawyers, we know that car accidents can never be erradicated — however, we believe that everyone should do their best to avoid causing one. Nothing is more valuable than your safety and the safety of others, and following the rules of the road brings you one step closer to making it home safely.

If you have been injured in an accident caused by a careless or reckless driver, contact the personal injury lawyers at Metzger Wickersham for a free case evaluation.

By: Catherine Nguyen Reeves, Esq.

If you’ve been injured in an accident, you may be interested in pushing forward to settle your claim with the insurance company as quickly as possible. While it is understandable that injured accident victims are often in dire need of compensation for their lost wages, medical bills and other expenses that are piling up, it is also important to carefully consider a decision to settle with the insurance company.

First and foremost, if you have been injured in a car, truck, motorcycle, or other type of accident, you should secure attorney representation. An experienced personal injury attorney can assess your case and negotiate with the insurance company on your behalf to ensure that you receive maximum compensation for your injuries.

That being said, settlement negotiations require a careful look at your medical treatment, on both your attorney’s part and the insurance company’s part. The insurance company will make a settlement offer based upon what they see reflected in your medical records. If treatment is limited, then the insurer will make a smaller offer. If you treat for an extended period of time, the value of your case will rise.

When you accept a settlement offer from the insurance company, that insurance company will require you to sign a document called a “Release.” This release is a binding contract in which you promise that you will not bring any more lawsuits against the party at fault in exchange for that settlement amount. It is generally advisable to finish treating with all of your medical providers before considering settlement, because the insurance company will only offer a settlement amount based upon the treatment you have had and not on treatment that you think you might need in the future. Once you sign the release, you will not be able to file another claim against the party at fault for the accident, no matter what. If you settle your case prematurely, before fully finishing treatment for your injuries sustained in the accident, you will not be able to make any more claims against the insurance company should your health decline further.

At Metzger Wickersham law firm, we know that after an accident, injured victims’ lives are often thrown into a whirlwind consisting of bills and more bills. However, we believe that it is in our clients’ best interest to receive proper medical treatment for their injuries before settling, so that we can negotiate with the insurance company to secure the maximum value possible for their case.

If you or a loved one needs personal injury advice, contact the Pennsylvania injury lawyers at Metzger Wickersham for a free consultation.

If you are involved in a car, truck or motorcycle accident, the shock of the accident can make it difficult to remember what to do. But try not to panic. Following the helpful tips below will make it easier to stay calm and collected amidst the chaos that can ensue after an auto accident:

• If possible, move your vehicle to a safe, nearby location and try to make sure you are out of harm’s way.
• Check to see if anyone is injured. Call 911 for medical assistance.
• Contact the police and file an accident report.
• Exchange information with all parties involved.
• Collect information on all vehicles involved.
• Gather contact information from any witnesses at the scene.
• Gather information on any police officers present.
• If you have a camera or a cell phone that takes pictures, document the accident by taking photos of the accident scene and any damage to the vehicles involved.
• Contact your insurance agent.
• Consider contacting an attorney to ensure that your rights are protected.

It is important to cooperate with the police while remaining calm and polite, but DO NOT DISCUSS FAULT. Accidents happen fast, and the minutes following the accident can be a blur. However, be careful not to admit liability to anyone, even if you initially believe that the car accident may have been your fault. After the facts are examined, it may become clear that the other party is actually more at fault than you are.

Additionally, if you have suffered injuries as the result of the accident, do not delay in seeking medical treatment. Many people do not seek medical attention immediately after a motor vehicle accident because they are concerned about payment of medical bills. It is also common for accident victims not to realize the extent of their injuries until days or weeks after the accident. If you were injured in an accident, be sure to seek treatment right away, even if your injuries do not seem severe. Delayed medical treatment can work against you in any injury claim you may have as a result of the accident.

Car accidents can turn your world upside down in a matter of seconds, and it’s hard to imagine how life-changing an accident can be until it happens to you. If you’ve been injured in a car accident, don’t jeopardize your rights. Contacting an experienced personal injury lawyer can make all the difference in the outcome of your case. The Pennsylvania car accident attorneys at Metzger Wickersham can help you deal with the aftermath of your accident and get your life back on track. Contact Metzger Wickersham today for a free consultation. Delay may affect your legal rights.

Last year, many grieved the loss of five Pennsylvania high school students who died in a multi-car crash. All five teens were traveling in one vehicle when it swerved into on-coming traffic on Route 94 and collided with a pick-up truck in New Oxford, Adams County, PA. None of the teenagers were wearing a seatbelt. This accident and many others, serve as a sad reminder that fatal car crashes involving teenagers are far too common. In fact, motor vehicle crashes are the leading cause of death for teens in the US, according to the Centers for Disease Control and Prevention.

The National Safety Council, a leader in promoting Graduated Driver Licensing (GDL) to reduce the number of crashes among teens, feels that it is important to regulate risky driving behavior and encourage the development of safe driving skills.  In an aim to reduce the number of teen auto accidents, the NSC urges all states to adopt seven rules for teenage drivers:

- minimum age 16 for a learner’s permit

- six months before unsupervised driving

- minimum 30 hours supervised driving during learner’s stage

- intermediate licensing at 16½ minimum

- intermediate night driving restriction beginning no later than 10 p.m.

- no more than one non-family passenger for intermediate drivers

- minimum age 17 for a full license.

If all states adopted these suggested rules, an estimated 2,000 lives could be saved each year nationwide. According to the National Safety Council, states with stronger, comprehensive Graduated Driver Licensing systems see a higher reduction in teen crashes.

In an effort to enhance safety on Pennsylvania roads, Governor Corbett and the Legislature recently agreed on changes to the Vehicle Code involving Graduated Driver Licensing requirements, passenger restrictions for junior drivers and passenger restraint laws. The new rules took effect on Dec. 27, 2011. The changes to the law were initiated to help junior drivers receive more comprehensive training, ease young driver distractions through limiting the number of passengers they may carry and to improve general highway safety.

If you or a loved one has been injured in an car accident, contact Metzger Wickersham. One of our Harrisburg auto accident attorneys can answer your questions and take every step to ensure that your rights are protected

By: Catherine C. Nguyen, Esq.

With the passing of Pennsylvania’s texting while driving ban, we see an instance of the law starting to catch up with technology.  Text messaging was first introduced to the world in the early 90s and has exploded in popularity over the past twenty years.  It provides a convenient and instantaneous method of getting in touch with family, friends, and coworkers.  Entire conversations can be had, saved, and referenced at whim.  For many people, it has become the predominant form of communication, preferred over a phone call or an e-mail.  It has become so popular that magazines are publishing articles on texting etiquette while corporations such as Apple and Microsoft churn out newer and greater machines of mass texting every year.

Yet, like anything else, texting has its dangers, too.  Who can forget the video of the woman who flipped into a mall’s fountain while her eyes were glued to her cell phone screen?  How many times have we heard stories of both friends and strangers walking into trees, poles, and other very large, visible, and nonmoving inanimate objects just because texting made them unaware of their surroundings?  Take these people and their phones and put them behind the wheel of a car, bus, or tractor trailer.  It’s almost enough to send shivers down your spine.

Society has begun to respond.  The courts have been seeing instances of victims that were seriously injured by another texting motorist.  Cell phone providers such as AT&T have released ten minute ads that warn about the dangers of texting while driving.  In Pennsylvania, AAA sponsors billboards with a simple message that all texters would understand: “dnt txt n drv.”  Pictures of car wrecks caused by texting drivers have been circulating the internet.  Various studies claim that texting while driving is as dangerous as drunk driving.  Some state that it is even more dangerous than drunk driving.  Courts have allowed for punitive damages in drunk driving cases for years.  So does that mean that punitive damages against texting drivers will logically follow?

Not quite.  In January 2012, a Pennsylvania Court of Common Pleas judge dismissed punitive damages against a driver who was speaking on his cell phone at the time he left his lane of travel and struck the Plaintiff’s vehicle.  Xander v. Kiss, 2012 WL 168326 (Pa.Com.Pl.)(Trial Order).  Punitive damages are meant for conduct that is egregious, reckless, and wanton.  To the courts, using a cell phone while driving by itself does not give rise to the level of egregiousness required for punitive damages.

Even more recently, United States District Magistrate Judge Lynne Sitarski threw out a punitive damages claim against a man who was using his cell phone before he rear-ended another vehicle.  In Piester v. Hickey, 2011-CV-04720, Judge Sitarski concluded that solely because the defendant looked at his phone before he allegedly caused the accident was insufficient to establish the outrageous behavior required to support an award of punitive damages.  Her finding was based upon the Xander order and supported the general guideline that additional facts, such as the defendant’s speeding or disregarding traffic signals, are needed before a properly pled punitive damages claim is presented.

Most people who text while driving don’t intend to cause an accident, but with so much literature and so many warnings about its dangers, what more is needed before the courts consider the act “egregious” and a “willful disregard” of another driver’s rights?  Pennsylvania courts have begun to explore this issue by setting a standard that merely using a cell phone before an accident is not enough to grant punitive damages against a defendant driver.  Perhaps now that the texting while driving ban is in effect, we will begin to see a change.  If the court is presented with a defendant driver who has multiple citations for texting while driving on his record before he caused an accident, would that be enough for punitive damages?  What if discovery revealed that the defendant driver had sent numerous texts in the minute before the accident occurred?  Would the court accept the testimony of an expert who stated that the number of texts sent made it impossible for the driver to pay attention to the road?

Texting while driving remains a danger for other motorists, and we anticipate increased case law on the matter in the years to come.  We urge all drivers to be smart, put down their phones, and pay attention to the road.  If you have been injured by a texting motorist, contact the attorneys at Metzger Wickersham for advice and a free consultation.

By: Catherine C. Nguyen, Esq.

The question of whether an uninsured motorist may recover economic damages from a defendant driver has remained a source of confusion among Pennsylvania courts for years.  In a recent decision handed down by the Supreme Court of Pennsylvania, the Court clarified the rights of those uninsured motorists who are injured through no fault of their own.

In the case of Corbin v. Khosla, 48 EAP 2010 (Pa. Feb. 21, 2012 McCaffery, J), Corbin, an uninsured motorist, sustained injuries when Khosla took a left turn in front of her vehicle.  Ms. Corbin brought suit against Mr. Khosla, seeking economic damages.

This case brought to light the tension within Pennsylvania’s Motor Vehicle Financial Responsibility Law (MVFRL).  On one hand, the MVFRL prohibits an uninsured motorist from recovering first party benefits under 75 Pa.C.S.A §1714.  On the other hand, the MVFRL states that an uninsured motorist is deemed to have chosen the limited tort option under 75 Pa.C.S.A. §1705, thereby allowing them to recover economic damages.  So would an uninsured motorist be able to recover for her medical expenses and wage loss or not?

The Court explained that “a fundamental difference exists between a claim for first party benefits and one for third-party liability damages.”  First party benefits are paid regardless of fault.  Even if a driver is at fault for an accident, the insurance company she contracts with must pay for a certain amount of her medical expenses.  As a penalty for failing to maintain financial responsibility, an uninsured motorist may not receive these benefits.  However, when another driver is at fault for the uninsured motorist’s injuries, the uninsured motorist may recover economic damages from the defendant driver’s insurance company as though the uninsured motorist had limited tort.

The Court concluded that, “Section 1714 of the MVFRL does not preclude an uninsured motorist from recovering tort damages for economic loss from an alleged third-party tortfeasor under the tortfeasor’s liability coverage.”  For more information on an uninsured motorist’s rights, contact the attorneys at Metzger Wickersham.

Pennsylvania recently became the 35th state in the country to outlaw texting while driving. The new law will go into effect March 8, 2012. But it’s not enough, according to the federal agency responsible for investigating auto accidents. The National Transportation Safety Board recently recommended a ban on all cell phone use while driving, including hands-free cell phone devices. “It’s about not being engaged at the task at hand,” NTSB chairwoman Deborah Hersman said in a front page New York Times article. “Lives are being lost in the blink of an eye.”

A deadly auto accident last year in Missouri raised red flags at the NTSB, sparking the idea of banning cell phones for drivers. A 19-year-old driver triggered a four vehicle pile-up involving two school buses, killing two people and injuring 38. The teenage driver sent or received 11 text messages in 11 minutes prior to the fatal auto accident. “You can’t take it back, you can’t have a do over, and you can’t rewind,” Hersman said in defense of the NTSB’s proposal to ban all use of cell phones while driving. The National Transportation Safety Board’s primary safety concern is making sure people focus on the act of driving.

Auto accidents caused by distracted drivers can result in serious injuries. If you or someone you love has been injured in an auto accident caused by a distracted driver in Pennsylvania, you need a Harrisburg texting auto accident attorney in your corner. The experienced Harrisburg, PA distracted driving attorneys at Metzger Wickersham take a hands-on approach to helping people deal with serious auto accidents. We work with our clients to help them decide the best course of action for their case. If you have questions about your rights, turn to the Harrisburg auto accident lawyers you can trust. Contact Metzger Wickersham.