Archive for the ‘Uncategorized’ Category

It’s bad enough that many drivers on our roads today are operating vehicles while using cell phones, texting, eating or undergoing other distractions.

Now a new annual survey from GMAC Insurance shows that one in five licensed drivers couldn’t pass a written test that covers basic driving laws in the states where they live.

That’s not something to feel good about. Essentially, according to the survey, one of every five drivers who are operating vehicles on the road alongside you may not remember the most basic traffic laws.

Fabulous news as we all head out onto the highways for the Memorial Day holiday weekend, isn’t it?

Image credit: © iStockphoto.com/blueclue

According to a story posted yesterday on CNNmoney.com, one in five licensed drivers – which includes about 38 million drivers – failed a 20-question written traffic law review test given by GMAC Insurance. The study, called the GMAC Insurance National Drivers test, included 5,202 licensed drivers from 50 states and the District of Columbia, according to the story. The drivers were asked questions pulled from motor vehicle driving exams given in their states.

To pass the tests, drivers had to answer at least 70% of the questions correctly. The tests also included questions about driving distractions including texting and cell phone use while driving, the story said.

So what was the average score of the 5,202 drivers who were surveyed?

Would you believe a 76.2% passing grade, which is down from 76.6% last year, according to the story.

Should this perhaps be a call to action? Should we consider setting up mandatory re-testing programs so that drivers have to undergo a written review of traffic rules every five or 10 years to prove their mettle on the roads?

If it would be helpful, we at MyPhillyLawyer wouldn’t oppose programs like that if they truly could help drivers recognize and constantly think about the dangers that lurk on the streets when they are operating a motor vehicle.

Among some of the things drivers forgot were fundamental traffic rules, according to the CNNmoney story, such as the number of feet that are needed to maintain safe following distances and what to do when approaching a steady yellow traffic light.

The problem is, admittedly, that we take those tests once when we are first getting our driver’s licenses and then we never seem to look at those traffic law manuals again in our lives. It’s no wonder many of us don’t remember such things.

But that doesn’t mean that it wouldn’t be a good thing to review periodically for all drivers, no matter how long they have been driving.

This could be especially important nowadays since many drivers are already paying less attention due to all the distractions in their cars, from iPhones to complex car stereo systems to cell phones and more.

We all certainly want to be driving on the roads with fellow drivers who are paying attention and who have a clear and recent recall of the traffic rules that we all must heed to when driving.

So could periodic re-testing of all drivers make us all safer in our vehicles?

That’s certainly a topic worth reviewing and discussing on a national scale.

Maybe, just maybe, such a once-ever-10-year mini-refresher could help us all be better and safer drivers.

In the meantime, though, if you are the victim of a vehicle accident due to one of those less-than-properly-skilled drivers, remember that we at MyPhillyLawyer.com are here to aggressively represent you and your family in the event of someone else’s negligent conduct.

And oh, while we are enjoying this long holiday weekend, maybe you might take a few minutes and review the Driver’s Manual that’s filled with all these rules from the Department of Transportation in your state. There’s some good information in them that you can review about many of the traffic regulations you might have forgotten about over the years.

Drive safely, and let’s be careful out there.

Some 1.5 million Graco brand baby strollers are being recalled due to design defects that allow children’s fingers to be caught in the sunshade hinges. Five children have already suffered fingertip amputations and two others have suffered fingertip cuts due to the design, according to the voluntary product recall announced yesterday by the U.S. Consumer Product Safety Commission.

For parents and their children, this means that if you own a Graco stroller, you need to immediately check to determine if you are using one of the affected strollers. Owners are urged to stop using any affected stroller at once and to call special toll-free hotlines to find out how to get a free “cover kit” that can be installed over the injury-causing sunshade hinges.

The affected strollers are Graco Passages, Alano and Spree models, according to the company. Here is a list of the affected model numbers:

(Graphic courtesy of the U.S. Consumer Product Safety Commission)

According to the recall, two different types of hinge mechanisms were used by Graco in these strollers. The recalled models use a “plastic, jointed hinge mechanism that has indented canopy positioning notches,” according to the recall. The affected strollers were  manufactured between October 2004 and February 2008. The model numbers and dates of manufacture can be found on a label on the lower inside portion of the rear frame, just above the rear wheels. More details and a video that shows the suspect hinge mechanisms can be found in a story in The Christian Science Monitor.

The affected strollers were sold at the following stores: AAFES, Burlington Coat Factory, Babies “R” Us, Toys “R” Us, Kmart, Fred Meyer, Meijers, Navy Exchange, Sears, Target, Walmart and other retailers nationwide from October 2004 through December 2009.

The good news is that Graco and the government are recalling the defective strollers and helping parents to repair them so they won’t injure any more children.

The bad news is that these incidents didn’t have to occur in the first place had the product been designed and built with safety in mind from the beginning.

Baby strollers have been manufactured and used for more than two centuries, dating back to 1733 when garden architect William Kent created what is considered to be the first baby carriage for use by the third Duke of Devonshire in England. Originally, such strollers were designed for the amusement of children and were to be pulled by ponies or dogs. They have come very far in their development, with elaborate folding mechanisms, built-in cup holders, thick padding and insulation and wheels that turn in all directions for handling ease.

So you’d think that  by now, some 277 years later, stroller makers would have been able to come up with stroller designs that don’t cause injuries to the babies and toddlers who ride in them.

The injuries we’ve heard of so far are just the injuries that have been reported to the government and to Graco.

If your child is injured in one of the affected Graco stroller models, be sure to contact the U.S. Consumer Product Safety Commission as well as getting medical attention for your child.

Product liability cases due to poor product designs that cause injuries to people are some of the most common legal actions filed in our nation. If you or someone in your family are a victim of poor product designs and are injured, then you should contact a lawyer to protect your legal rights.

Important phone numbers for parents checking on the recall:

Graco Web site: www.gracobaby.com

We here at MyPhillyLawyer have been harping about the dangers of driving while texting or talking on a hand-held cell phone for months.  We’ve even applauded the City of Philadelphia’s efforts earlier this year to ban the practice.

Well, now it’s becoming more serious for drivers.  Starting this Sunday, Philadelphia police will start enforcing a city ordinance that bans texting and hand-held cell phone use while a driver is operating a vehicle in the city limits, according to a story in The Philadelphia Daily News. At first, through the month of November, police will only administer written warnings, but starting in December, they’ll be able to hand out tickets with a $75 fine. And that fine will grow after 10 days to $150 to $300 if you think you don’t really have to pay it, according to the paper.

Image credit: © iStockphoto.com/jabejon

Drivers who use “hands-free” headsets and microphones to talk on their phones while driving will not be in violation of the new ordinance,  according to police.

Oh and you should be aware — the new ordinance also covers anyone riding a bicycle, motorcycle, skateboard or any other kind of moving vehicle while texting or talking on a hand-held cell phone.  So beware.

This may be inconvenient to some people, and others will claim that it’s just the city looking for new ways to get money for its coffers.

But in truth, this is an ordinance that will help make our streets, highways and roads safer for pedestrians and other motorists.  Texting and hand-held cell phone use don’t have a place in our vehicles while we’re driving. Our children, friends and fellow citizens will likely all be safer due to this ordinance. Let’s all welcome it.

So, don’t forget, the rules change Sunday on the streets of Philadelphia.

Be alert.  And let’s be more careful out there.

EBay.com is certainly a great place to buy and sell stuff online, from cars to motorcycles to toys and trinkets. But have you ever read all of the pages and pages of the “fine print” in your user agreement with eBay Inc.?  I bet you haven’t, and that creates a bit of a legal quandary for you.

Did you know that in that user agreement, it says that if you have an unresolved dispute with an eBay buyer or seller that it can be taken to court? Sounds good, doesn’t it?

Well, then just keep reading the fine print because that’s where you’ll learn that the court where your dispute can be heard is in Santa Clara County, Calif., not far from eBay’s headquarters. Oh, so you live in Philadelphia? Or Trenton? Or New Hope? Too bad, say the courts.

Image credit: © iStockphoto.com/DSGpro

Several federal courts recently have ruled that this stipulation in eBay’s user agreement is a reasonable part of the agreement, according to a story today in The Legal Intelligencer. The rulings from several federal judges have been similar — that the “forum selection clause” in the eBay user agreement is reasonable because it is in the document and that it is agreed to by the user when they click to accept the terms as part of their account with eBay. That clause is simple — it gives eBay the right to designate where the legal forum for any ongoing disputes will be heard. And that designated forum location is right there in Santa Clara County.

Several plaintiffs have tried to get federal judges to rule in their favor on the matter, arguing that they can’t even open an eBay account to be able to buy or sell items if they don’t agree to the user agreement. That’s not enough of a reason to invalidate the terms of the agreement, the judges have said. So the onus remains on the users if there is a legal dispute that has to be resolved through eBay.

So what does that mean for you? Does it mean you should stop using eBay and find a new place to buy and sell things? Probably not, since all other such sites have their own similar user agreements which likely have similar forum selection clauses. What it does mean, though, is that you should always carefully and fully read such fine print in any legal contract so that you know what your rights are before you enter into an agreement.

I had a problem on eBay a few years ago. I sold a used digital camera online for $1,200.  The buyer sent an electronic payment, eBay notified me that the money had been received, so I shipped the camera to the buyer.  Two days later, the payment was reversed by the buyer but my camera was already on its way.  A series of e-mails followed, with my demanding the camera or the money back.  The buyer sent me back the camera’s box, filled with dirt, instead of my camera.  I called eBay and they eventually helped me get it resolved.  But had I had to file a dispute in court, I would have had to travel to Santa Rosa County to fight my legal battle?  All for a $1,200 claim?  Probably not.

For eBay buyers and sellers embroiled in disputes, that’s really not fair, but it’s the way the courts have ruled so far.

Buyer beware may sound overly simple, but ultimately it is very good advice.

It was supposed to be a summer of swimming and fun for a group of  56 African-American and Hispanic children from a  Northeast Philadelphia daycare center who were to head regularly to a private swim club in the Montgomery County suburbs to beat the heat.

Image credit: © iStockphoto.com/paulprescott72

Instead, their first visit turned ugly on June 29 when some of the children reported to their chaperones that they overheard verbal racial slurs and ugly comments from some of the other people at the swim club that day.  What happened is still being investigated for possible lawsuits by some of the families,  but recently the Pennsylvania Human Relations Commission ruled that the campers were indeed victims of racial discrimination at the Valley Club in Huntingdon Valley, according to a story in The Philadelphia Inquirer.  One family filed a complaint with the agency on behalf of their child after the incident.  The swim club refunded the $1,950 that the daycare facility paid for what was to be a once-a-week summer contract and told the day care operators that the children couldn’t come back for safety reasons because there were too many kids using the pool at one time.  The swim club also said the day care group could not return because their presence was causing “financial concerns from members requesting the return of their membership fees” due to the attendance of the children,  according to the Human Relations Commission’s report.

In its 33-page ruling, the Human Relations Commission found that “probable cause exists” to show that the swim club denied the children the use of its facilities because of racial discrimination.  The  report noted that the swim club had no African-American members this year or last year.  Also, the report stated, the swim club “made a concerted effort to expand the geographic range of its membership by engaging in a marketing campaign” this year but that those efforts “were mainly directed at areas with overwhelmingly Caucasian populations.”  The club failed to “direct such marketing efforts at areas with significant African-American populations,” the report said.  In a nutshell this club engaged in a concerted practice of racial discrimination.  As a result, they have hurt many, including 56 innocent children.  And that’s no laughing matter.  Now it’s time to right their wrongs.

The swim club was ordered by the agency to pay a $50,000 civil penalty for discrimination to the Commonwealth of Pennsylvania, as well as other damages to the family that filed the complaint.  The case will likely be appealed, and could even be expanded to the other children who were affected.

But beyond that, the message of this case is crystal clear — racial discrimination is against the law and if you feel you are being discriminated against, then it’s time to get legal advice from a lawyer to protect your rights.

No one should be discriminated against by anyone because of the color of their skin.

That’s human decency and that’s the law.

The push to ban drivers from texting while operating motor vehicles on America’s roadways just got a powerful and influential ally recently — the Ford Motor Co.  is the first automaker to embrace a proposed new law that would cut federal highway funding by 25% to states that refuse to outlaw the dangerous practice.

“Ford supports a ban on hand-held text messaging while driving – and we endorse the legislation introduced by Senator Charles E. Schumer (D-NY) and Rep. Carolyn McCarthy (D-NY) that would encourage a more rapid transition to hands-free and voice-activated technologies,”  Sue Cischke, Ford’s Group Vice President for Sustainability, Environment and Safety Engineering,  said in a statement.  “This legislative approach addresses a nationwide problem we can all agree is necessary to improve safety.”

Watch this public service announcement from British television (posted on YouTube.com), for a graphic depiction of the dangers of texting while driving a motor vehicle.  Caution — this video is very graphic and disturbing.

This is good news for all of us on the roadways, and more needs to be done to pass national laws that will prohibit operators of motor vehicles from texting while driving.  All the evidence so far, in study after study,  shows clearly that drivers who are distracted by texting instead of keeping their eyes on the road are dangerous, and that means they are involved in a higher rate of accidents.

“At Ford, we think driver distraction is a critically important issue,” Cischke wrote.

So do we.

And by banning texting while driving, everyone will be safer.

There are still other issues, of course.  Drivers will still be able to use cell phones while driving — the Schumer bill only addresses texting. Some states have already enacted laws that prohibit cell phone use, while other states permit cell phone use while driving only if they are used with a hands-free, voice-activated or wireless system.  Critics argue that that’s an improvement over hand-held cell phones, but that it doesn’t really prevent drivers from being distracted.  That’s true, but blasting radios,  screaming kids in the back seat and beverages that spill inside the car while driving all can’t be outlawed and they certainly contribute to distraction.  At least the texting ban is a start.

In a story in the New York Times, Schumer lauded Ford for taking a position against driving while texting.  “Ford deserves credit for stepping up as the first car company to endorse a ban on this dangerous habit,” Schumer said in a statement.  “We are gathering a critical mass of support for this bill, which will give us the momentum we need to get it passed.”

Fourteen states and the District of Columbia already have banned drivers from text messaging while operating motor vehicles, according to the New York Times.

Now it’s time for Pennsylvania to follow that lead to protect you, your friends and family members from such unnecessary hazards on the road.