Here is a list of the very talented winners of the contest:

• First Place: Galia Godel, for her essay “Fetish, Faires and Fashion: The Acceptance of the Modern Corset”

• Second Place: Sara Calcinore, for her essay ”
  Fast, Fatty and Frugal”

• Third Place: Jodie Hair, for her essay “More.”

Mr. Carpey was proud to work with Montgomery County Community College in sponsoring the contest, and would love to continue doing his part to support the school in the future. To read more about Mr. Carpey’s sponsorship of the contest, visit his blog, Pennsylvania Injury Law Report.

Special thanks is due to Dana Resente, who worked tirelessly to make the contest and the awards reception a great experience for everyone involved!

To read more about the awards reception, please click here to visit Montgomery County Community College’s full write up of the event.

Congratulations to all of the winners!

Will the other driver’s insurance cover the cost of my car repairs?

It is possible that the other driver’s insurance company will offer to  pay for the damage, but that’s not always the case. Typically if there is a dispute over liability, ie. who caused the accident, the other insurance company will not pay or the property damage.

If you have purchased “collision coverage” from your own insurance provider then you can turn to your insurer to help cover some of the damages. In fact, it is entirely possible that your own insurance company will offer you better service than the other driver’s. As long as the repairs to the car do not add up to more than the value of the car pre-accident, the insurance company should cover the cost. But that’s not all.

What is diminution in value?

It is important to remember that the insurance company should not only pay you for repairs to the car but also for the car’s diminution in value. After an accident, your car will be less valuable than it was before the accident. A car which has undergone repairs will never be as valuable as one which never needed repairs. This loss in value is known as diminution in value. Unfortunately, proving diminution in value is a difficult task. Obtaining an affidavit from your repair shop might prove useful.

What happens if my insurance provider determines that my car is totaled?

After a mechanic assesses the damage to your car and decides how much it will cost to repair it, your insurance company will decide if it is cost efficient to pay for those repairs. If the cost of repairing your car is more than 80 per cent of the blue book value of the car they may decide to total the car. What happens next is that your insurer will pay you approximately the amount of money you would have received for the car the day before the accident occurred, ie the book value. Your insurance company may not necessarily offer a number that you think is fair. Sometimes an affidavit from the mechanic can be helpful. In all cases, the process can be made simpler if you seek the assistance of a skilled attorney. Without an attorney, you may wonder if you are being taken advantage of. A good Pennsylvania car accident lawyer can alleviate some of those worries.

For more information about what to do following your Pennsylvania car accident, and for more articles on personal injury law, visit the blog category section of the Kreithen, Baron & Carpey website.

The latest statistics show that 2010 saw just over 4,500 motorcyclist deaths, marking a slight increase from the year before. It is also important to note that more than half of motorcycle riders injured during 2010 were not wearing helmets. Increased awareness on these matters and more can help to reduce motorcycle injuries and fatalities.

 To help spread the word on Motorcycle Safety Awareness Month, here are some useful tips which can help keep automobile and truck drivers informed and safety-minded on the road, provided in part by the Traffic Safety Marketing (TSM) organization:

• Operating a motor vehicle while distracted is one of the single most frequent causes for not-seeing a motorcyclist. Distractions include texting, speaking on a cell phone. For more information on driver distractions, see Stuart A. Carpey’s blog post on the End Distracted Driving organization.

• Do to their small size, motorcycles can get lost in blind spots. It is important for drivers of cars and trucks to thoroughly check their mirrors for motorcycles before changing lanes.

• Keep in mind that minor obstructions or inconveniences on the road are not so minor to motorcyclists. Gravel, potholes, pavement seams, railroad tracks; all this and more can cause a motorcyclist to change speeds or adjust their position in a lane.

• Create at least a three to four second distance between your car and the motorcycle ahead of you. Depending on weather and road conditions, a motorcyclist may need that extra little bit of space.

It is vital for all drivers (not just motorcyclists!) to educate themselves about motorcycle safety. And Motorcycle Safety Awareness Month is a great time to begin that education. If you are interested in reading more about motorcycle accidents and motorcycle safety information, check out the other articles located in the Kreithen, Baron & Carpey website by visiting the blog categories page.

Also, be on the lookout for the newest book written by Stuart A. Carpey, The Good, the Bad, and the Law: A Guide to Motorcycle Accidents in Pennsylvania, available on the Carpey Law website very soon!

Elder abuse and neglect has become an increasing problem in this country, with some studies showing that the problem is growing exponentially every year. The senior and disabled residents staying in nursing homes are largely unable to defend themselves against the verbal, physical, and emotional abuse that plagues them. This is why it is important for family members to carefully inspect a nursing home before committing their loved ones to live there. The following are some ways that you can vet a prospective nursing home:

• Visit the Nursing Home: Do not trust brochures, websites, or quick tours to give you a full and accurate picture of the facility. Visit the facility at different times of day. Compare your morning visit to your evening visit. See if the energy level of the staff and residents is noticeably different. Keep an eye on hygiene. Is the place dirty? Is there an odor?

• Speak with Residents: When making sure a nursing home is safe for a loved one, the best people to ask are current residents. Do they seem content or depressed? Do they have positive things to say about the home? While talking with them, take a close look: Are they well groomed; meaning do they have good skin care, oral care? If you can, speak with family members of residents. See if they have any concerns or comments.

• Find Out About Staffing Levels: One of the leading causes of nursing home abuse and neglect is understaffing. Many employees who abuse residents do not take pleasure from it; some are overworked, frustrated, poorly paid, and poorly trained. Their stress causes them to act out. If the staff at your prospective nursing home seems burnt out or overwhelmed with their duties, you may want to keep looking.

Elder abuse in nursing homes is a serious problem. If you are considering placing your loved one in a facility, we advise that you take your time and carefully make your decision. For more information on nursing home abuse and how to identify it, read some of the other articles on the Kreithen, Baron & Carpey website.

Report the Abuse

First and foremost, if you believe abuse is taking place in any way (see our article on the various types of nursing home abuse) you should report it. Even if you believe the issue has already been reported, you should insist that the problem be investigated. Two ways to file such a report are with local law enforcement or with a local adult protective service agency.

Decrease Isolation

One of the most common circumstances in cases of elder abuse is isolation. A resident has withdrawn from his or her community, spending a lot of time alone. This often occurs if the resident has been suffering from some form of abuse. A good way to help prevent nursing home abuse is to stay in contact and make sure your loved one is content and sociable. Furthermore, going out of your way to talk with the withdrawn resident may encourage them to speak up about abuse.

Volunteer

It can do wonders for residents of nursing homes to see fresh faces in the facility. If you have the time, see about volunteering in your loved one’s home in any way you can. Not only can the presence of volunteers lift resident’s spirits, it can also help to deter employee abuse.

Be Observant

Lastly, you should be observant. Watch your loved one and other residents in the home. See how they interact with the staff. Make note of any peculiar markings on their persons; i.e., bruises, scrapes (see our article on nursing home abuse warning signs for more information). Be aware of residents who seem fearful, nervous, or depressed.

If you have a loved one living in a nursing home, you should do your best to make sure he or she is safe and content. For more information on elder abuse, visit the National Center on Elder Abuse website, or see the other article published on the Kreithen, Baron & Carpey website.

 You should make sure to do as much of the following as you can:

• Document the exact location of the accident, including as much geographic information as you can.

• Document the positions of all vehicles prior to and following your accident.

• Photograph any objects–including signs, telephone poles, trashcans, buildings–that may have contributed to the accident.

• Record the information of anyone involved in the accident; this means the names and addresses of all drivers and passengers.

• Record the information of anyone who may have witnessed the accident; this means the names and addresses of any bystanders.

• Record the information of all vehicles involved in the accident, including make, model, and license plate information.

• Record all insurance information for all vehicles.

You should always inform the police of an auto accident. If the police were involved in investigating the accident then there will be a police report.

 For more information on what to do following a Pennsylvania car accident, see some of the other informative articles located on our website. Articles like “Checklist for What to Do at the Scene of a Car Accident” and “What to Do Following a Rear End Car Accident in Pennsylvania” can be of help to you. Also, see our Car Accident Law Questions section for even more information.

The meniscus is the crescent shaped cartilage which provides support to the knee when it experiences tension. There are actually two menisci in the knee, both of which distribute friction evenly between the tibia and the femur. If one or both menisci are torn as a result of a sporting accident, car crash, motorcycle accident, or slip and fall accident, it will affect the knee’s ability to function.

There are three main types of meniscus tears which range in severity.

Minor

There will be a small amount of pain and swelling with a minor meniscus tear, but in most cases the injury will go away within a few weeks.

Moderate

There will be some sharper pain with a moderate knee injury, particularly on the sides and at the center of the knee. You may also find that the knee feels rigid and will not bend completely. Swelling will worsen over a period of 2 to 4 days and you might feel a sharp pain at times. Though these symptoms can disappear, the injury may return after time if the knee is overused. Consider seeking medical treatment.

Severe

The worse of the meniscal tears, a severe tear will be painful and will swell up quite a bit. Pieces of the meniscal cartilage can move into the region of the joint, affecting your ability to straighten or bend your knee. Severe meniscal tears can also causes your knee to lock up. It is strongly advised that you seek medical treatment in the event of such a tear.

To diagnose a meniscal tear a doctor will put you through a range of tests which will indicate your knees range of motion, stability, and tenderness. Your doctor or orthopedic surgeon may also order X-rays or an MRI to get a better look at the tear.

For more information on similar injuries, see the other articles on the Kreithen, Baron & Carpey website, including “Knee Fractures Resulting from Pennsylvania Motor Vehicle Accidents,” and “Knee Injury Treatments Benefit from Technical Advancements.” Our website has a plethora of articles on Pennsylvania accident injuries. Take a look around!

Pennsylvania personal injury lawyer Stuart Carpey handles pedestrian accident cases for victims of car accidents across Pennsylvania.  In an effort to bring attention to the unballanced allocation of funds earmarked for Pedestrian Safety in Pennsylvania, he created this infographic for others to use in bringing attention to these statistics and educating pedestrians before they cross the most dangerous Pennsylvania streets.

(Click to view larger)

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<a href="http://www.carpeylaw.com/2012/04/cross-walks-work-to-protect-pennsylvania-pedestrians-infographic-showing-pa-pedestrian-deaths/"><img src="http://farm8.staticflickr.com/7075/6960012068_85882f5249_o.jpg" alt="PA Pedestrian Deaths" width="500" border="0" /></a><br />[Source: <a href="http://www.carpeylaw.com/2012/04/cross-walks-work-to-protect-pennsylvania-pedestrians-infographic-showing-pa-pedestrian-deaths/">Kreithen Baron & Carpey Attorneys at Law</a>]

1. Distracted driving (see Stuart’s blog post about visual, manual, and cognitive distractions)

• Texting (Pennsylvania’s law banning texting while driving came into effect early in March)
• Radio/music accessories: i.e., iPods, MP3 players, CD players, tape decks, radios
• Reading, checking e-mail, or eating are also fairly common and incredibly dangerous.
• Using an interior  mirror; for instance, when applying makeup.
• Paying too much attention to your passengers or being distracted by passengers.
• “Rubber-necking,” or slowing down in traffic to inspect an accident scene or construction site, causing sudden stops or changes in speed that endanger everyone on the road.

2. Speeding

• Disregarding posted speed limits.
• Reckless speed in certain conditions (i.e., night-time, rain, snow, ice, etc.).
• Speeding on different road types.

3. Drunk or intoxicated driving

• Under the influence of drugs or alcohol, driving ability is impaired.  There is no one alive who “drives better after a few beers.” If you plan to drink, don’t drive. Car accidents involving drunk or otherwise intoxicated drivers are usually devastating– for everyone involved. Fatal accidents are hundreds of times more likely to occur (the Insurance Institute for Highway Safety estimated that a drunk driver is 385 times more likely to be in a fatal accident than a sober one) when drivers are drinking.

4. Reckless driving & racing

• Reckless drivers do not take into account other motorists on the road. They may race, change lanes without signaling, and basically treat the road like their personal playgrounds. These drivers endanger not only themselves, but others.

5. Rain & water

• Rainy conditions obscure vision.
• Hydroplaning (see our article here: Watch Out for Water on the Road)
• If your wipers are in bad shape, your visibility is shot. It’s important to remember to check your windshield wipers and replace the blades when necessary.  You can also save your wipers some wear and tear by leaving them up (off the windshield) in the winter.

6. Disobeying traffic signals

• Running stop signs. Also, the “the rolling stop” is not considered stopping at a stop sign. Practice waiting a few seconds at a stop sign before proceeding. This will statistically reduce your chance of a collision with another driver approaching the intersection
• Chasing yellow lights is incredibly dangerous. Do not attempt to “make” the light by accelerating. If you aren’t sure if you have enough time, do NOT try. Many accidents occur from these scenarios, whether someone has chased a light or has tried to speed through one.  It is just as important to give ample time to stop as it is to wait before crossing an intersection.
• Failing to yield the right of way.

7. Teenage drivers

• More easily distracted and more typically more reckless than older, more experienced drivers, teenagers should be educated that the myriad electronics are simply excessive and unsafe to have in the car. That applies to their passengers as well. When teaching teenagers to drive it is vital to stress the importance of focus while on the road.

8. Night driving

• Light and distance perception are altered.
• Be sure not to try to drive when you are tired.

9. Vehicle defects

• Manufacturer faults– most notable are tire and brake failures. It is important to know your vehicle’s appropriate tire pressures and to maintain your brakes.

10. Unsafe road maneuvers

• Sudden lane changes, or lane changes without signaling
• Sporadic braking and uneven speed are incredibly dangerous on the road

11. Tailgating

• Not leaving enough distance between cars to maneuver
• Try to establish distance between yourself and the cars around you, this will allow for reckless drivers to avoid you and give everyone ample time to react to any sudden traffic pattern changes

12. Snow & ice

• Slick surfaces like bridges are much more likely to be icy than roadways
• Black ice
• Un-plowed roads should be avoided or reported to the appropriate authority.  Snow on the road covers such hazards as water, rocks, and black ice.

13. Road rage

• Frustration on the road can lead to reckless driving.
• If necessary, pull over (where and when it is safe and appropriate) and take a moment to calm down.  Drive with a clear head to ensure your own safety and the safety of others.

14. Road defects

• Changes in road gradients, slopes and surfaces require  more attentive driving.
• In construction sites, lane shifts and other tactics are meant to keep drivers safe. When you are instructed by signage to “Stay IN Lane,” that usually means the pavement ahead is uneven and may cause you to lose traction or a safe driving line.

15. Tire blowouts

• Incorrect tire pressure accounts for a large number of blowouts. Make sure your tires are riding at the appropriate pressure.
• Unsafe road conditions from obstacles that are strewn around in the road can cause a blowout.

Your car has three main ways to slow and stop:

• Front wheels (sometimes rear): disc brakes
• Work similarly to bicycle brakes, where the brake pad squeezes the rotor instead of the wheel

• Rear wheels: drum brakes
• Work through pistons that compress the brake pads against the drum

• Other braking systems:
• Emergency brake, controlled by a series of cables
• Anti-lock braking system, computerized and automatic on newer cars

When you press the brake pedal…

• The pressure you put on the pedal transfers to the master cylinder, which distributes brake fluid through the brake lines
• The fluid moving through the brake lines creates friction and heat that reaches the brake pads
• The friction and heat from the fluid reaching the brake pads forces the brake pads to compress on the disc or drum of each wheel
• This slows your car

It is vital to maintain your brakes and to give them proper maintenance at least once a year.  Services on your brakes can include replacing brake pads or fluid, bleeding of the brake system, resurfacing the rotors, and total inspections.  If you are in doubt, it’s best to just check it all.  There are some easy to identify warning signs that your brakes may need to be serviced:

• Brakes making squealing sounds (usually worn brake pads)
• The car vibrating when you press the brake pedal
• The dashboard indicator light
• Car alignment seems off (car pulls to one side)
• Brake pedal feels strange (too much give or too little)

Collisions due to delayed braking are common, studies show, and it is your responsibility to make sure that your brakes are working in optimum condition.   Distracted drivers are much more likely to be the cause of a rear-end collision, and your brakes are your last hope of avoiding that car accident.  With the advent of anti-lock braking systems, brake failure is less likely but still possible; and vehicle manufacturers are not necessarily timely with their product recalls.  It is best to know for sure that all the components of your braking systems are working.  Getting regular service on your vehicle and keeping service records can help you to not only avoid a collision, but to keep yourself covered in case of a car accident.