Category: Personal Injury

Man yawning in car

Drowsy Driving is Dangerous Driving

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Thousands of people each year are killed or seriously injured due to drowsy drivers. Unfortunately, the unyielding demands of society have played a key role in accepting this dangerous driving behavior. In a world that does not allow for much pause, we are busier than ever. Being tired and making the long commute to work or school or various activities seems to not only be acceptable but seems to be the norm. As a result, we risk and lose thousands of lives each year at the hands of drowsy drivers. Clearly, something needs to be done, but what?

Drowsy Driving is Dangerous Driving

People are not getting the sleep they need. Whether it is the demands of work, kids, or just life in general, we are sacrificing our sleep as a result. Unfortunately, lack of proper sleep can have serious and lasting health consequences. Furthermore, it risks lives when a person engages in drowsy driving. What will really be most effective at combatting the drowsy driving problem that plagues the U.S. is for us to rethink our attitudes about drowsy driving. We need to not consider it as a necessary evil, but as a problem that needs to be addressed.

To avoid driving while drowsy, make sleep a priority. Your body will thank you. Other drivers will thank you. Experts recommend getting seven to eight hours of sleep per night. So, turn off your show a bit earlier, save your reading for another day, and get to bed in time to get the full amount of sleep your body needs and craves. If you have teens in your household, persist in making sure they are getting enough sleep as well. Did you know that the biology of teenagers demands more sleep? It’s true. Teenagers need more sleep and this places them at an increased risk of drowsy driving. Talk to your teens about avoiding driving unless they are well-rested.

Also, be aware of how other things you put into your body can exacerbate your drowsiness. Alcohol, for instance, can interact with sleepiness to increase drowsiness and impairment of your ability to safely operate a vehicle. Both prescription and over-the-counter medications can also cause drowsiness. Be sure to check the medication’s label to see if this is a potential side effect. If so, avoid driving after you take the medication. It can also be important to be aware of the body’s circadian rhythm. Did you know that there is a natural dip in the body’s circadian rhythm, the internal clock tasked with sleep regulation, between midnight and 6 a.m. as well as in the late afternoon? If you can avoid driving at these times, you may also be able to decrease your chances of drowsy driving.

Philadelphia Personal Injury Attorneys

The safety and well-being of ourselves and others needs to be a priority. We are all in this together. If you have been injured in an accident caused by someone else’s negligence, you deserve to be fully and fairly compensated. The dedicated personal injury team at Cooper, Schall & Levy is here to see to that. Contact us today.

person buckling up seatbelt

Seat Belts—Why They are Necessary

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The development of the modern seat belt, complete with lap and chest restraint, has been one of the biggest safety developments of modern times. Buckling up when you get in a vehicle is one of the best things you can do to keep yourself safe. Did you know that, according to the National Highway Traffic Safety Administration (NHTSA), seat belts saved approximately 14,955 lives in 2017 alone? So, take the time to buckle up if you are a driver or passenger in a vehicle. It just might end up saving your life. 

Seat Belts—Why They are Necessary

Most Americans have been trained in practicing the good habit of seat belt use. In fact, the NHTSA reports that, in 2020, the national seat belt use rate sat at 90.3%. We are seeing more and more how critical seat belt use is to remain safe in a vehicle. Without seat belt use, vehicle drivers and passengers put themselves at needless risk of awful consequences such as being ejected from a vehicle upon impact with another car or object, a more likely than a non-fatal event. Wearing your seat belt can help keep you safe and secure inside a vehicle in the event of a crash.

In order to help ensure you are maximizing the effectiveness of a seat belt as a safety feature, proper fit and placement of a seat belt is key. The lap belt portion should be secured across the pelvis, running along your hips as opposed to your stomach. The shoulder belt portion should run across your rib cage, across the middle of your chest, away from your neck. Do not loop your arm through so that the shoulder belt portion of your seat belt rests behind your back or under your arm. This not only makes the seatbelt ineffective, but can pose its own unique dangers as well.

The fit of your seat belt also matters and, considering how important of a safety feature a properly fitting seat belt is, you should be sure to investigate seat belt fit whenever looking to buy a new vehicle. Talk to the auto dealer about seat belt fit and the options for seat belt adjustment. Should you need a roomier belt, ask if seat belt extenders are available from the manufacturer. Should you be in the market for an older or classic car model, you may find it only comes with a lap belt. Look into the option of having the vehicle retrofitted with the much safer seat belts that feature both a lap and shoulder restraint.

It really is amazing what safety features vehicles are equipped with these days. The airbag, for instance, has developed over time to be a great line of defense in the event of an auto collision. It is still important, however, to use your seat belt. In fact, did you know that airbags are specifically designed to work in tandem with seat belts? Airbags without seat belt use can not only be ineffective as a safety feature, but can also prove to be dangerous. The force of impact of an airbag can cause serious, and even fatal, injury to someone who is not using their seat belt.

Philadelphia Personal Injury Attorneys

Philadelphia, buckle up. The team of personal injury attorneys at Cooper, Schall & Levy want you to be safe at there. We have seen far too many tragic consequences for those who have been involved in auto accidents. Contact us today.

Car driving at night in a city.

Driving Under the Influence of Drugs

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It is illegal in every state to operate a vehicle while under the influence of drugs. This does not just mean it is illegal to operate a vehicle while impaired by illegal drugs, but it also includes those for which you have a valid prescription or even those sold over the counter. If you are impaired by a substance, you are putting yourself and everyone else on the road at risk. That is why it is illegal. It is time to have a frank discussion about driving under the influence of drugs, the danger it poses, and the misconceptions that seem to follow this topic.

Driving Under the Influence of Drugs

Because drugs can have a variety of side effects, each drug can pose different dangers should a person under the influence of the substance choose to get behind the wheel of a vehicle. For instance, some prescription and over-the-counter medications can cause extreme dizziness or drowsiness in a person. Reviewing warning labels on the packages of these medications will even state that operating heavy machinery, including driving, should be avoided after use. Cocaine and methamphetamines have been found to make drivers more aggressive and reckless in their actions and maneuvers.

One of the biggest dangers comes from the lack of awareness a person can have regarding the impact a drug is having on them. It is a dangerous truth that impaired drivers are unable to accurately assess their level of impairment. To help keep everyone safe, the National Highway Traffic Safety Administration (NHTSA) recommends living by the standard that if you feel different, you drive differently and should, therefore, avoid driving until you return to a more normal state of feeling.

We want to emphasize the point that even the use of legal drugs can still be illegal if it impairs your ability to drive safely and can still put yourself and others at risk should you choose to drive while under the influence. That means, despite marijuana being legalized in more and more states, driving while impaired by marijuana use is still illegal and still a risky driving behavior. Despite the seemingly persistent rumors that marijuana can make a person a better driver, several scientific studies reveal that this could not be further from the truth. Marijuana can impair motor skills and lane tracking as well as other cognitive functions.

The NHTSA reports that, between October and December of 2020, 56% of drivers who were involved in serious injury or fatal crashes tested positive for at least one drug. Help save lives and make the choice to avoid driving after drug use of any kind. Should use of a vehicle after drug use be unavoidable, find someone else to drive. Intervene when others attempt to operate a vehicle under the influence of drugs or alcohol and always remember to wear a seatbelt.

Philadelphia Personal Injury Attorneys

Have you or a loved one been injured by an impaired driver? The team of dedicated personal injury attorneys at Cooper, Schall & Levy are here to fight for you and your right to full and fair compensation. Contact us today.

Dangerous Driving Behaviors of Teens

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If you have a teen in your life, you know that, as they are on the cusp of full-blown adulthood, their actions can run a wide range from devastatingly immature to wise beyond their years. The fluctuation in choices that teens are notorious for can make even the most laid-back parent or loved one fear for their teen’s well-being on the road. It is true that there are a number of dangerous driving behaviors associated with teens. These behaviors can lead to serious crashes, some fatal. To help us all stay safer on the roads, let’s take a look at some of the dangerous driving behaviors of teens and what can be done about them.

Dangerous Driving Behaviors of Teens

It may be no surprise to anyone, but one of the most dangerous and most common driving behaviors of teens is texting while driving. Texting takes a person’s attention and vision off of the road which can be an extremely dangerous combination. Despite texting while driving being a violation of the law in many states, the dangerous driving behavior persists, especially among the teen demographic. Teen drivers, put down your phone when you are driving. This could help you and everyone riding with you in your vehicle arrive safely at your destination.

It is a sad truth that teen passengers who feel unsafe in a vehicle with a driver who is not alert, such as one texting while driving, may not speak up about feeling unsafe. In fact, a significant portion of teens even feels unsafe riding with a parent behind the wheel. Teens, use your voice. If you are unsafe, let the driver know what they are doing to cause your unease. If you know one of your friends is not a trustworthy driver, do not get in the vehicle. It is not worth the tragic consequences that could occur.

To make matters worse, teen drivers frequently skip the use of seat belts. The importance of seatbelts really cannot be understated. Seatbelts are simply devices that cause minimal inconvenience at worst and will save a life at best. Teens, take a moment to properly fasten your seatbelt and make sure all of your passengers have done the same before heading out on the road.

Teens are also prone to packing in the passengers. Unfortunately, more passengers mean more distractions for the teen driver. There are more people to talk to and more people to look at. There are more excuses for taking eyes and focusing off of the road. All of this will increase the likelihood of a crash occurring. So, keep the passengers at a minimum. When you have passengers, speak up if they are being too distracting.

Speeding, driving under the influence of alcohol, and driving at night are also dangerous driving behaviors commonly engaged in by teens and are also leading causes of accidents for teen drivers. Follow posted speed limits. Never drink and drive. If you can avoid driving at night, do so. At the end of the day, it is just not worth the risk.

Philadelphia Personal Injury Attorneys

At Cooper, Schall & Levy, our attorneys have handled tragic cases with teen drivers involved. We want you and your loved ones of any age to stay safe out there on the road. Should anyone ever be injured in a motor vehicle accident, we are here for you in your time of need. Contact us today.

Pedestrian Safety Tips

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Walking is the oldest form of transportation! In the midst of rising gas prices, lack of exercise, and minimal time out in the fresh air, walking comes with many benefits. Pedestrians, however, must remain vigilant out there. When you are a pedestrian, there are no airbags. There is no strong metal structure surrounding you like there is in a car. Should you be hit by a vehicle, there is a high risk that you will sustain a serious injury that could even prove fatal. So, pedestrians, stay safe out there. Here are some tips on how to do just that.

Pedestrian Safety Tips

As a pedestrian, visibility is an asset you cannot afford to do without. You are already much smaller than so many other things drivers have to pay attention to. You are less visible than other vehicles, motorcycles, bicycles, and most inanimate objects a driver will be trying to pay attention to. Making yourself as visible as possible to the driver will help you stay safe. This means you should do things such as cross in well-marked crosswalks. In recent years, many crosswalks have added flashing lights in a further attempt to bring driver awareness to a crossing pedestrian.

Furthermore, pedestrians should consider wearing bright clothing. This is especially important if you are walking at night. While walking at night is one of the most dangerous times to be a pedestrian due to low visibility, among other factors, bright clothing can help reduce some of the danger involved. Reflective clothing may be even better at increasing visibility. Furthermore, pedestrians should never make the assumption that a vehicle sees them. Remaining cautious, even in crosswalks, could save your life or save you from serious injury. 

Pedestrians should also remain attentive to their surroundings. It can be so easy to get distracted. Our phones alone draw us into our own world with our heads down and our attention elsewhere. In the meantime, we are unaware of what is going on around us and this is dangerous. When pedestrians are not paying attention, the risk of injury exponentially increases. Hazards on the sidewalk are not minded. Oncoming vehicles are not anticipated. Other pedestrians and bike riders zoom by perilously close. Pedestrians, remain aware of your surroundings. It is one of the best ways for you to stay as safe as possible out there.

Philadelphia Personal Injury Attorneys

With Philadelphia being such a big city, we have our fair share of pedestrians. Stay safe out there in the hustle and bustle of city life. Being vigilant and remaining aware of your surroundings are some of the surest bets to staying safe as a pedestrian. If you have been involved in a pedestrian accident, it is likely that you have sustained serious injuries. Let the team of trusted personal injury attorneys at Cooper, Schall & Levy take on the legal burden for you so you can focus on recovering your health. We fight the big insurance companies to get you the monetary compensation you deserve. Contact us today.

U Drive. U Text. U Pay. NHTSA’s Campaign Against Distracted Driving

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Pennsylvania’s distracted driving law prohibits any driver from using a phone or other device to send, read, or write a text-based communication while his or her vehicle is in motion. It is a primary offense which means that law enforcement can pull someone over if there is a reasonable suspicion that the driver has been texting while driving. Other states list texting and driving as a secondary offense meaning they can only be ticketed for the offense if pulled over for a different traffic violation. There is a $50 fine, plus court costs and other fees, imposed in Pennsylvania for those convicted of distracted driving.

Despite 48 states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands all passing legislation that makes it illegal to text while driving, the problem persists. People are dying or suffering serious injury as a result. We seem entangled in our phones at a level that we cannot somehow unravel ourselves from their hold on us. The National Highway Traffic Safety Administration (NHTSA), however, has not given up. It has launched the U Drive. U Text. U Pay. Campaign in an effort to combat the persistent threat posed by texting while driving.

U Drive. U Text. U Pay. NHTSA’s Campaign Against Distracted Driving

According to the NHTSA, it is estimated that over 26,000 people died in crashes involving distracted drivers from 2012 to 2019. In 2019 alone, there were 4,142 fatalities in distracted driver crashes. That means that 9% of the fatal crashes in 2019 involved distracted drivers.

Distracted driving can actually mean a variety of things, although texting has come to be the most notorious form it takes. Distracted driving can be anything that takes your attention away from the road and the task of driving. Talking, eating, applying makeup, maneuvering your navigation system, or even changing your radio station can all be seen as engaging in distracted driving. Texting while driving has been singled out as a particularly dangerous form of distracted driving due to the fact that it can take a driver’s eyes away from the road for such a significant amount of time, it takes the drivers mental attention and focus away from driving, and it is a habit that so many Americans seem unable to break.

While drivers from 16 to 24 years of age seem to be more likely to be distracted by electronic devices while driving, it seems as though many more of us are at risk of falling into this dangerous driving behavior and we are putting ourselves and others in danger on the roads as a result. To help combat the dangers of distracted driving, the NHTSA recommends some different safety tips. For instance, it is recommended that if a text needs your immediate attention, either to read or to send, then you should first pull over to a safe location and park your vehicle. Alternatively, you could have a passenger act as your “designated texter” and be tasked with handling all of your texting needs while you are driving. Should none of these arrangements work for you and you find yourself unable to resist the urge to look at your phone while driving, consider keeping your phone in your trunk for the ride.

Philadelphia Personal Injury Attorneys

Have you been injured by a distracted driver? Do not hesitate to get in touch with the trusted personal injury attorneys at Cooper, Schall & Levy. Contact us today.

Winter Road Accidents

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Well, Pennsylvania, our winter season remains in full swing. Those of us who grew up here are more than familiar with how treacherous the roads can get this time of year. The ice, snow, and sleet make visibility difficult and wheel traction difficult to come by. The influx of holiday traffic can add to the hazards, especially when you consider how many visitors to the state may not be as familiar with icy winter driving as our residents usually are. Regardless of whether you have lived in Pennsylvania your whole life, are a newer transplant in the state, or will be coming for a family holiday here this winter, being aware and prepared for the dangers of winter driving that can lead to devastating accidents can help keep you and everyone else safe this winter season.

Winter Road Accidents

With ice and sleet commonly in the winter forecast, it is important to be aware of just how much your visibility on the road can be impaired by these conditions. Snow can stick to your windshield and make it difficult to see your surroundings as well. To help, always check to see that your wipers are in good condition and are fully operational. The defogger in your car should also be checked for functionality as should your headlights. This is all safety equipment that can help you see your surroundings and increase your own visibility to other cars out on the winter roads.

Icy and slippery roads are also a common occurrence in the wintertime. Snow tires and tire chains can help increase traction on these types of roads so prepare your vehicle tires accordingly. Should your car lose traction, you may end up hydroplaning. This can be extremely scary, but it is also important to keep a cool head about you. We know, easier said than done. That being said, staying calm and reacting accordingly can prevent things like your vehicle from rolling over. If you begin to hydroplane, turn into it as opposed to away from it. Do not slam down on your brakes right away. This is especially important if you do not have anti-lock brakes on your vehicle because it could cause your brakes to lock up. Once the vehicle is slowing down a bit, you may pump your brakes.

With hazardous road conditions on the horizon for the winter months, be mindful that one of the best things you can do is to avoid driving if inclement weather is in the forecast. Should driving be unavailable, plan out your route before you leave. Let someone know about what route you are taking so that they know where to look should you be stranded for any reason. You should also keep your gas tank full and your cell phone fully charged as well as keeping a winter emergency kit in your car.

Philadelphia Personal Injury Attorneys

Philadelphia, stay vigilant and stay safe on the roads this winter. Should you be injured in a winter car accident, the personal injury team at Cooper, Schall & Levy is here to assist. Contact us today.

Personal injury claim form

What’s a Good Settlement Offer for my Claim?

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Being eager to settle your personal injury claim is only natural. After all, it can feel like a long process. After the accident, you will have doctor’s appointments, follow-up appointments, and much more. You are likely ready to get things wrapped up and move on with your life. Insurance companies, however, are aware that most claimants feel this way and are thus quick to offer lower settlement offers in the hopes that you will jump at the chance to resolve your claim and move on. So, what would an actual good settlement offer for your claim look like? We will explore this question in more detail here.

What’s a Good Settlement Offer for my Claim?

A good settlement offer for your claim will depend on a variety of factors. No personal injury claim is going to look exactly the same and a settlement offer is completely dependent on the details of the claim itself. First, it can be instructive to go over what type of damages are included in a personal injury claim settlement offer. Damages in a personal injury claim will include economic and non-economic damages. Economic damages include those more easily quantifiable damages such as medical bills, cost of future medical care, lost wages, and loss of earning capacity. Non-economic damages are those damages that are much more difficult to put a number on. Pain and suffering damages, for instance, are classified as non-economic damages.

So, a good settlement offer will take into consideration the amount of medical bills and expenses you have incurred as a result of the accident injuries. The amount of medical bills you have totaled up over the course of your treatment will largely depend on the nature and extent of your injuries along with the level of treatment you have received for those injuries. Your injuries and the treatment needed to address your injuries may have also resulted in you missing work and incurring lost wages as a result. The amount of wages you missed out on due to your injuries should be included in a settlement offer. Furthermore, if your injuries have impacted your future earning potential, such as by placing limits on your ability to advance in your job, then the settlement offer should also account for your loss of earning capacity.

Your attorney will likely set forth solid estimations of these damages, among other things, in the demand letter sent to the insurance claims adjuster. A demand letter lays forth the nature of the accident, the resulting injuries, the damages incurred as a result, and a proposed settlement amount. Upon receipt of the demand letter, the insurance company will do one of three things. The proposed settlement amount may be accepted, the claim as a whole may be completely denied, or, in the most common situation, the insurance company will counter with their own settlement offer and negotiations will kick-off.

Philadelphia Personal Injury Attorneys

If you have been injured in an accident, do not hesitate to reach out to the trusted team of personal injury attorneys at Cooper Schall & Levy. We are here to help make sure you are properly compensated for your losses. Contact us today.

Injured woman on the phone and computer

The Impact of Treatment Gaps on Your Personal Injury Claim

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Insurance companies will not simply payout on a claim you make after an accident on your word alone. Quite the opposite. Insurance companies will require thorough documentation regarding the accident, your injuries, and your expenses incurred as a result of the accident. A huge part of this supporting documentation will include your medical records showing your course of treatment for your accident injuries. You see, getting consistent treatment for your injuries following an accident is not only best for your injuries to properly heal, but it is also essential for preserving the value of your personal injury claim. Failure to get consistent medical treatment can be a great risk to your health, as well as the strength of your personal injury claim.

The Impact of Treatment Gaps on Your Personal Injury Claim

A treatment gap, or a lapse in you receiving medical treatment for your accident injuries, can occur in two instances. First, a treatment gap may refer to the delay it took in you to seek medical evaluation and care following an accident. Second, a treatment gap may refer to a lapse of inconsistent treatment for your accident injuries once you had already started treatment. In either instance, a treatment gap can threaten your personal injury claim.

You see, medical records really are essential to the strength of an injury claim. In the eyes of the insurance company, if you are hurt in an accident, then you seek immediate medical evaluation. If you are hurt in an accident, then you receive consistent, uninterrupted treatment for your injuries. Any gap will likely be used by an insurance adjuster to justify devaluing your claim. Adjusters, after all, will be looking for reasons to pay you less than you should actually be owed or to not pay you at all.

In the real world, however, we know that there are plenty of legitimate reasons a person may have a gap in medical treatment following an accident, even if they are suffering from accident injuries. Life goes on after an accident and there can be a bombardment of scheduling conflicts that get in the way of doctor appointments. You may also get sick and be unable to make your appointments. There are a number of perfectly acceptable reasons for a treatment gap, but you should still try your best to avoid them as best as possible.

To minimize the impact of treatment gaps, and strengthen your claim even in the absence of treatment gaps, you should keep a journal following the accident. In your journal, keep track of your medical appointments. Report on the pain you are experiencing. Document your symptoms and how they evolve over the course of treatment and following the accident.

It is worth stating again, however, that it is extremely important for your health and your personal injury claim to avoid treatment gaps whenever possible. The health-related fallout from accident injuries can be severe and continuous treatment will help minimize this impact. Comply with doctor-recommended treatment and follow-up treatment orders. Your health and well-being are too important not to.

Philadelphia Personal Injury Attorneys

At Cooper Schall & Levy, our team is dedicated to fighting for the injured. Hurt in an accident? Contact us today.

Two drivers surveying a car accident

Preparing to be Deposed in Your Personal Injury Case

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A personal injury claim is most often resolved through settlement negotiations with the insurance company of the at-fault party. The insurance company is provided with a demand letter outlining the claimant’s damages, such as the injuries, medical bills, lost wages, and other harm incurred due to the accident, and is provided with an offer amount that would properly compensate the victim. Settlement negotiations often ensue after the insurance company declines the initial settlement offer included in the demand letter and, usually, a mutually acceptable settlement amount is reached afterwards. Sometimes, however, no reasonable settlement offer can be reached with an insurance company. The company will refuse to pay out on an amount the claimant supports as fair with evidence such as medical records and bills. When this happens, a lawsuit may be filed and trial preparation will proceed as discovery begins.

The discovery process is the fact-finding period before trial. Both sides will have a number of different opportunities to gather as much information about the case as possible. One prominent part of discovery includes depositions. As the plaintiff, the injured party in the lawsuit, you will be deposed by opposing counsel. This can be an intimidating prospect, despite assurances that your attorney will be by your side throughout the deposition. To help relieve any lingering anxieties and help ensure that your deposition is as smooth and productive as possible, here are some tips on how to prepare for it.

Preparing to be Deposed in Your Personal Injury Case

At your deposition, you will likely be questioned extensively on the accident. There will be a line of questioning relating to the actual events and circumstances surrounding the accident. There will be a line of questioning relating to your injuries and medical treatment relating to those injuries. There will be seemingly endless questions about how the accident and resulting injuries have impacted your life. You should be prepared to answer all of these questions and do so in a way that is concise and direct. Only answer the question posed to you and avoid wandering off onto tangential topics.

Before the deposition, get yourself in the right headspace. How you present yourself at the deposition can actually have a big impact on the outcome of the case. This is in no small part due to the fact that opposing counsel will be sizing you up for how effective you would be as a witness at trial. Those plaintiffs that are polite and cooperative tend to be more reliable witnesses and more sympathetic. This, in turn, means that they are likely to be more successful at trial and be awarded larger damage awards. Counsel for insurance companies knows this. In fact, you may be offered a settlement offer in the wake of a successful deposition that negates the need to proceed with the trial.

In line with having the right attitude for the deposition, be prepared to dress for the occasion. Remember, how you present yourself at the deposition is important and your dress contributes to this. Wear neat and even professional attire. Business casual attire at a minimum is a good rule of thumb.

Philadelphia Personal Injury Attorneys

The dedicated personal injury team at Cooper Schall & Levy will prepare you for the road ahead. We will be by your side every step of the way as we fight for your right to be properly compensated for the harm you have suffered. Contact us today.