Category: Lawyer’s perspective

Lawyer’s Perspective: Will Driver Face Charges for Fatal PA Crash?

fatal pa crash

Last weekend a New Kensington woman caused an accident that left one dead. According to Motor Vehicle Accident News, Kayla Hoffman was reported to have been driving erratically when officers tried to pull her over. She ignored their lights and continued driving, getting about a quarter of a mile ahead of the police.

When they finally caught up to her she had crashed her car into another vehicle that was driven by Kayla Johnson-Ukeyne. Unfortunately Ms. Johnson-Ukeyne was pronounced dead at the scene.

A report from the Pittsburgh Post-Gazette reported Monday that:

Sgt. Scott Scherer of the county police homicide unit said Ms. Hoffman, who remains hospitalized at UPMC Presbyterian with a fractured ankle and a broken pelvis, will likely be charged with crimes including homicide by vehicle, reckless endangerment, involuntary manslaughter, fleeing and eluding, driving with a suspended license, probation violations and minor drug charges.

These are serious charges that she could be facing although it remains to be seen what exactly she will be charged with. Sgt. Scherer’s inclusion of minor drug charges and the mention of probation violation allows for speculation that her charges will be more severe. If she was under the influence at the time whether it be drugs or alcohol it would be a pretty clear-cut case against her.

In addition to the legal charges she is potentially facing, the family of the victim could file a wrongful death claim against Hoffman. It was reported that the decedent was only 25-years-old. When pursuing a wrongful death claim, damages can be sought for pain and suffering as well as the financial burden that will result from her death. Compensation can be recovered for her projected life-time income, which an expert witness could determine should there be a claim. Whether or not there is a valid claim will need to be determined by a NJ car accident lawyer once charges have been filed and the investigation of the accident is completed.

I offer my most sincere condolences to the victim’s family and friends during this difficult time.

Photo credit: CBS.

Lawyer’s Perspective: Fatal Chesterfield School Bus Accident

Empty elementary school bus

We were devastated to hear about the fatal school bus accident that occurred yesterday in Chesterfield. The accident happened in the morning hours and it involved a Chesterfield elementary school bus and a dump truck. The crash sent the bus into a utility pole and resulted in the death of one student and another 17 were injured—3 are reported to be in critical condition.

According to reports from the Associated Press, the girl who passed was the daughter of New Jersey State Trooper, Sgt. Anthony Tezsla. She was a triplet and it was reported that her two sisters, who were also on the bus, are in critical condition at Camden’s Cooper University Hospital.

Our deepest sympathies go out to the Tezsla family and the families of the other students injured in this horrific accident.

School Bus Seatbelt Laws

This accident brings up questions of the safety of school buses. A report compiled by the Connecticut General Assembly investigated the school bus seat belt laws in various states as well as the federal standards in place. According to the report, the federal standard states that all buses under 10,000 pounds must be equipped with seat belts but not buses over that weight. There are only six states that have statutes in place requiring seat belts on these larger buses: California, Florida, Louisiana, New York, Texas, and New Jersey.

Although it is required that school buses have lap belts in New Jersey there is not much in the way of enforcing students to wear them. The statute (N.J. Stat. Ann. § 39:3B-10 and § 39:3B-11) explains that students are required to wear their seat belt while the bus is in motion but the owner and operator of the bus is not liable should injury result from the student’s failure to wear the belt.

There has been a lot of discussion as to why there are not stricter standards for seat belts on these vehicles to which the National Highway Traffic Safety Administration gave the following explanation:

There is no question that seat belts play an important role in keeping occupants safe in theses vehicles, however school buses are different by design and use a different kind of safety restraint system that works extremely well.
Large school buses are heavier and distribute crash forces differently than do passenger cars and light trucks…NHTSA’s 2002 Report to Congress found that the addition of lap belts did not improve occupant protection for the severe frontal impacts that were studied for that report…[The National Academy of Sciences] also stated that the funds used to purchase and maintain seat belts might be better spent on other school bus safety programs and devices that could save more lives and reduce more injuries.

The full text of NHTSA’s response to school bus safety can be found here. We believe that all students should wear their seat belts while on the bus. Again we send our most heartfelt thoughts to the families of the children involved in this accident.

Lawyer’s Perspective: Man Killed in Pennsylvania Crash Involving School Van

Shattered car lights on ground

Earlier this week it was reported that racecar driver Raymond L. Miller of Carlisle was killed in a fatal car accident. The accident occurred in the early morning hours this past Monday. It was reported that Miller was travelling west on Route 850 when he lost control of his vehicle on a curve. He travelled into another lane and he was stuck by a Savana school van.

There was no official report as to what police believe caused Miller to lose control of his vehicle. There are several factors that could have contributed to this accident. The first could have been speed. It was reported that Miller had lost control while travelling on a bend in the road, when these types of turns are taken at speeds higher than the speed limit the vehicle becomes more difficult to control.

There is also the possibility that there was a defect or mechanical malfunction in the car he was driving. After all, Miller was an accomplished racecar driver and has experience operating vehicles at high speed. If there was a malfunction within the Toyota Corolla he was driving, the manufacturer should be held responsible for causing this tragic accident.

Further investigation by the police will be necessary to determining what caused the accident and who was at fault.

Mechanical errors in vehicles are more common that some realize. When an accident occurs people are quick to blame one of the drivers when sometimes it really is a problem with the car that caused it. Mechanical errors can include things such as engine failure or a faulty part that does not operate the way it should.

Our thoughts go out to Miller’s family and friends at this difficult time.

Lawyer’s Perspective: Florida Crashes

Florida car accident

This past weekend there was a string of tragic, fatal accidents in Florida near Gainsville. Interstate 75 was closed on Sunday due to heavy smoke from a brush fire nearby. The roadway was closed for about three hours before it was reopened and less than an hour later there were two large pileups that resulted in the death of 11 people.

This is truly a tragic story. When one thinks of what causes a car accident they automatically think of drunk or distracted drivers, speeding, or diver error however many often forget how much environmental and road condition can have an effect on accidents. In this case the smoke from the brush fire was so thick that drivers were unable to see ahead of them.

The Florida Highway Patrol is getting a lot of scrutiny as to whether or not they followed proper protocol when they reopened the road. The Associated Press reported that Florida officials have said that drivers also have a part in this, citing the fact that conditions on the road can change quickly and that drivers need to be ready to quickly make safe decisions.

It has been reported that Federal transportation agencies do not have guidelines regarding when roads must be closed due to fog, smoke, or dust. The National Transportation Safety Board is investigating the crashes.

Drivers and enforcement agencies need to work together in these types of situations. The FHP is right in saying drivers should always be on their guard however the highway patrol should have procedures in place that clearly outline what needs to be done. It was reported that there are already protocols in place that they follow, but it seems that perhaps some revision is needed.

The AP explained that, “Florida is vulnerable to smoky roads since it has one of the nation’s most active prescribed fire programs. It has a 16-item checklist for ‘smoke/fog incidents’ that is part of a larger 28-page policy manual for Florida Highway Patrol shift commanders.”

Questions have been raised as to whether or not the current checklist is comprehensive enough. Strict guidelines for these situations are key to avoiding tragedy.

Our thoughts go out to the victims and their families during this difficult time.

Photo credit: CS Monitor.

Lawyer’s Perspective: Barnegat Cop Injured

barnegat police

In a recent Barnegat incident Patrolman Thomas Behrens sustained a hand injury when Christine Favro hit the officer with her vehicle. She is now facing several motor vehicle and criminal charges.

The first charge she is facing is driving while intoxicated. In New Jersey someone is guilty of this offense if they are operating a vehicle with a blood alcohol concentration of .08 or higher. The penalties if found guilty vary depending on a number of circumstances. First, it is unknown whether this was her first offense of DWI or not. If it is there are varying penalties depending on how high her BAC was.

The punishment for being convicted of a DWI with a BAC higher than .08 but lower than .10 is a license loss of three months as well as upwards of $3,500 in fines, fees, and surcharges. This includes a surcharge of $1,000 that must be paid every year for three years. There is also a possibility of facing up to 30 days in prison and 12 to 48 hours of community service at the Intoxicated Driver Resource Center (IDRC).

An offense where the suspect’s BAC was .10 or higher the penalties are more severe. They would face a suspension of their license for anywhere from seven months to a year, the $1,000 surcharge for three years, five other fines and fees, and up to 30 days in prison. In addition to that they face 12 to 48 hours at the IDRC, and if their BAC was .15 or higher they will have to install an ignition interlock device while their license is suspended and continue using it for six months to a year after restoration of driving privileges.

If this is a repeated conviction for the suspect penalties increase exponentially. A repeat offender (depending on how many previous convictions) faces two to 10 years license suspension, $4,000 to upwards of $6,000 in fines, 48 hours to 180 days in prison, and varying degrees of community service requirements and ignition interlock device usage.

Favro has also been charged with reckless driving which if convicted could be five points on her license. In addition to the traffic charges she is facing several criminal charges including resisting arrest, aggravated assault with a deadly weapon, and obstructing the administration of law. Favro was sent to the Ocean County Jail and her bail was set at $15,000—she was released Monday after posting a bond.

We send our very best wishes to Patrolman Behrens and hope for his full and speedy recovery.

Photo credit: Asbury Park Press.