Category: News

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Hit and run accidents, like the deadly crash that killed a man riding his bicycle on a Scranton sidewalk on Sunday morning, are happening all too frequently in Scranton, Wilkes-Barre and surrounding areas. Just today, a motorcyclist was killed in a hit and run accident in Philadelphia. The impact so strong when the motorcycle was hit by an SUV, that the victim’s body was thrown about 30 feet. Hit and run accidents can be deadly, especially when involving a pedestrian, bicyclist or motorcyclist. They are tragic for the victims of these crashes, and also for their families.

2015 Traffic Crash Facts

The National Highway Traffic Safety Administration (NHTSA) released a report this week stating that traffic accident fatalities were up sharply in 2015. 2,348 more people died in traffic accidents in 2015 than in 2014. A total of 35,092 people were killed in crashes. This a 7% increase over the previous year, the largest increase in traffic crash fatalities in nearly 50 years. The number of those injured in crashes increased to 2.44 million people. Hit and run accidents have been on the increase with other crashes.

  • Bicyclist fatalities rose by 12.2%
  • Pedestrian fatalities rose by 9.5%
  • Motorcyclist fatalities rose by 8.3%

Pennsylvania Hit and Run Accident Laws

When a truck, SUV or car hits something smaller, it can have tragic results. Leaving the scene of a hit and run accident is illegal. When you are involved in an accident, you are required to stop. Failure to do so can result in considerable penalties.

Kevin’s law was passed in 2014. The law was named for Kevin Miller, a 5-year-old boy who was killed by a hit and run driver on a Wilkes-Barre Street. With the law, penalties became stricter for those who flee the scene of fatal hit and run accidents. The law also fixed a loophole when it comes to DUI hit and run cases. DUI seems to be a major factor for drivers fleeing the scene of a hit and run crash.

Kevin’s Law increased the mandatory minimum prison sentence for fleeing the scene of fatal accident to 3 years. This sentence is now on par with the 3-year sentence for DUI pedhomicide. This closed the loophole under which leaving the scene of a fatal accident carried a lesser minimum sentence than DUI homicide. Continuing to impose stricter penalties on those who flee the scene of these deadly accidents may save lives. It may also result in a safer environment for pedestrians and others.

If you have been injured in a hit and run accident or another car accident or truck accident, call the car accident attorneys at Distasio Kowaslski in Wilkes-Barre today at 570-970-5400. You need an attorney who is experienced and is going to fight to get you the justice you deserve.

 

Starting this week, Pennsylvania motorists must be aware of a new PA child safety seat law. Drivers must be sure that rear facing car seats are used for all children under the age of two. The measure officially becomes a new PA law on Friday, August 12. Parents are cautioned to follow the manufacturers height and weight requirements on their seats. Sometimes children will still be within the ranges, even if they are 2 or older.

Rear facing seats are said to lower the risk of death or serious injury in the event of a crash. According to the National Highway Transportation Safety Administration (NHTSA), child safety seats reduce the risk of fatal injury by 71% in infants and by 54% for toddlers. On average, three children were killed and 470 children injured every day in traffic crashes in 2013.

Pennsylvania is the fourth state to enact a rear-facing child safety seat law for young children. Similar laws have been passed in New Jersey, California and Oklahoma. Under the existing law, all children under 4 years of age must be restrained in an approved child passenger restraint system, and children between 4 and 8 years of age must be restrained in a booster seat. The new law requires children under age 2 to ride rear facing. The new regulations are based on 2011 recommendation by the American Academy of Pediatrics.

Using an approved child safety seat correctly and according to the law is the best protection you can give your child. Be sure to use the correct type of car seat for your child’s age, height and weight. Child safety seats do save lives.

At Distasio & Kowalski, safety is our top concern.

Please take note of this new PA child safety seat law. If you or your child have been seriously injured in a car or truck accident, contact the injury lawyers at Distasio & Kowalski in Wilkes-Barre today at 570-970-5400 for a free consultation.

Close call imminent crash accident with a tractor trailer truck viewed from inside a passenger car with scared driver face in rear view mirror
Close call imminent crash accident with a tractor trailer truck viewed from inside a passenger car with scared driver face in rear view mirror

73% of all fatalities in a truck accident in 2014 were the occupants of other vehicles, according to the NHTSA. The immense size and weight of large trucks can result in devastation for a passenger vehicle and its occupants when it comes to a collision. This is especially true in the event of truck underride crashes.

Few truck accidents are more destructive than those that involve a passenger car getting lodged underneath a large semi-truck. The bed of a trailer is often higher than the hood of a standard car. In an underride or undercarriage crash, a car goes partially or completely under a truck or trailer. This dramatically increases the chance of severe injury or death. A car can go under the rear of a truck or may also get lodged under the side of a truck or tractor-trailer. This is referred to as a side underride crash.

Large trucks and semitrailers are required to have undererride guards. They are large steel bars that hang from the rear of a truck to prevent a passenger vehicle from getting lodged underneath in the event of a truck collision. Truck underride guards are not currently required on the sides of large trucks or on the rear of smaller trucks, such as garbage trucks.

Even in a low speed collision, a passenger vehicle can become lodged under a tractor-trailer. This happens often if the proper guards are not in place or if there are not adequate guard safety standards. Some existing guards are just not strong enough to prevent a car from sliding underneath the truck. Side underride collisions most often occur when a truck driver is attempting to turn across traffic onto a street, attempting a U-turn or backing across traffic. The driver of a passenger vehicle may not see the truck in its path until it is too late and a collision is unavoidable.

The top of the passenger vehicle is often ripped off or crushed in a truck underride crash. This often causes severe head and neck injuries or death to the passengers inside. Truck underride crashes also occur with bicyclists who don’t see a truck turning, crash and become lodged under the truck.

The NHTSA has issued improved rear safety guard standards for newer model large trucks. These standards are often not required on older model trucks. Existing guards may also not offer complete protection when a car crashes into one of the rear corners of a tractor-trailer. While lethal side underride crashes continue, there is still no law requiring side guards. Safety advocates have petitioned the NHTSA to strengthen laws and implement a new standard for underride guards. The NHTSA is moving slowly in taking action and implementing stronger truck underride guard standards.

How to prevent fatal truck underride crashes

There’s much that can be done to protect passenger car occupants from the dangers of truck underride crashes. This includes strengthening existing truck underride guards that might not be adequate in high-speed crashes. Expanding requirements to include guards on older model trucks will also help to prevent these deadly crashes. Legislation requiring side guards for all large trucks should be implemented as well.

If you or a loved one have been injured in a truck underride accident, call the truck accident attorneys at Distasio Kowaslski. Call the attorneys in Wilkes-Barre today at 570-970-5400. You need a lawyer who is experienced at litigating truck accident cases and in dealing with their insurance companies. The attorneys at Distasio, Kowalski & Yelen serve the Wilkes-Barre, Scranton and Hazleton area in NEPA.

WWaySix wrong way crashes near Wilkes-Barre in Northeast Pennsylvania in a little over a year has gotten the attention of the Pennsylvania Department of Transportation (PennDot). Twelve vehicle accident fatalities occurred in four of those crashes on Pennsylvania highways. According to the U.S. Department of Transportation Federal Highway Safety Administration, wrong way driving crashes result in 300 to 400 people killed each year in the United States on average. Because wrong way crashes often involve head-on high speed crashes, they tend to be more severe, causing serious injuries and fatalities.

This week, PennDot began a $778,000 Safety and Wrong Way Crash Improvement Project in Luzerne and Lackawanna counties. The road safety improvements are expected to be completed by September 2016. The project will include adding additional signage, warning drivers of Wrong Way and Do Not Enter on off-ramps. It will also include upgrading reflectivity of current signs. According to PennDot, the work will occur at non-signalized off ramps on interstates 80, 81, 84 and the Casey Highway. PennDot will also add high friction surface treatments on certain sections of SR 309 in Luzerne County.

Tips to protect yourself from wrong way crashes

  • Be sure everything in your vehicle is operating correctly, including horn and lights.
  • Always wear your seat belt and be sure everyone in the vehicle is buckled up.
  • Be aware of the road around you and scan the road in front of you as far as you can see. Watch for vehicles ahead of you breaking or swerving.
  • If you see a wrong way driver coming at you, flash your lights and honk your horn.
  • Pull over as quickly and safely as you can, to get out of the path of the wrong way driver.
  • Call 911 and report the wrong way driver and the location.
  • Alcohol is often a factor in wrong way crashes – Never drink and drive.

The accident attorneys at Distasio, Kowalski & Yelen represent the innocent victims of head on collisions and wrong way crashes near Wilkes-Barre. The Distasio, Kowalski & Yelen law firm has represented hundreds of car, truck and other auto accident victims in Wilkes-Barre and throughout Northeast Pennsylvania.

Call an auto accident lawyer at Distasio, Kowalski & Yelen in Wilkes-Barre today for a free consultation. Call 570-970-5400.