- If the Accident is Major, Call 911 Immediately: You need not provide an elaborate description, and caution is advised in providing your own assessment of who was at fault unless specifically asked for this information by an officer of the law. You should keep it simple: give the operator the location of the accident, the number of vehicles involved, and (if you can determine) whether anyone is injured. They should be able to take it from there.
- Don’t Move Any Injured People Unless Absolutely Necessary: This is especially true if you’re not trained to handle such situations. You have no idea the extent of the injuries the person suffered in the accident, and moving them could worsen their injuries. Your kind act could end up being the reason you’re later named in a lawsuit. However, a scenario where it might be absolutely necessary to move a person might include one where the vehicle is on fire and you have decided you can approach the vehicle safely.
- Use Caution if Approaching the Vehicle: Unless you’re certain the scene is now safe and traffic has either stopped or a secure detour has been established around the accident, you should remain in your vehicle or a safe area. It is critical you ensure your own safety first. Failure to assess the situation could end up in more serious injuries and eliminate your ability to provide assistance. Also realize that the more catastrophic the accident appears, the more likely it is there could be flames, fire, or combustibles. Regardless of the apparent severity of the accident, you should always be aware of the risk of fire and explosion and pay special attention to the smell or sight of fire or smoke.
- Keep the Scene Clear: If you witness the accident or are one of the first people to arrive at the scene, a logical tactic is to pull entirely off the road and put on your flashers to make it easier for emergency personnel to locate and advance upon the scene. Even in so doing, be sure to keep a safe distance.
- If Possible to do Safely, Assist the Drivers in Moving their Vehicles from Traffic Lanes: If the vehicle is not so damaged as to render it completely immobile, and the driver indicates he or she is willing and able to move it, assist the driver of the wrecked vehicle in moving the car out of the traffic lane. DO NOT drive the vehicle yourself unless instructed to do so by a police officer or emergency worker. DO NOT rely on the word of the driver of the wrecked vehicle.
- Don’t Chase Fleeing Drivers: Whether in Pennsylvania or New Jersey, if someone is involved in a motor vehicle accident they have an obligation to remain on the scene. However, if you witness a hit-and-run accident, DO NOT FOLLOW/CHASE the driver. Do your best to get the car’s license plate number. If you can’t, pick out details about the vehicle (make, model, color, etc.) and the direction the vehicle went after fleeing the scene.
You were fortunate. Whether major or minor, yours was not one of the vehicles involved in the car accident which occurred right before your eyes. However, just because you escaped property damage or injury doesn’t mean you should proceed without caution or let your emotions outweigh logic. So, with that backdrop, below are some thoughts to keep in mind if you are a witness to a motor vehicle accident.
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For businesses in today’s job market, avoiding claims of employment discrimination is a constant struggle. Whether based on race, sex, national origin, disability, religion, color, or age, discrimination claims are taken very seriously in both state and federal court. While you, as an employer, may have done absolutely nothing wrong, a great majority of employment discrimination claims cost employers money and always cost them time.
However, there are ways to limit your exposure to allegations by discharged or disgruntled employees. Today, we list 5 policies to consider implementing intended to prevent and subsequently defend claims of employment discrimination. Without further ado:
The attorneys at Howland, Hess, Guinan, Torpey, Cassidy & O’Connell, LLP are skilled in employment and business law. If you are interested in creating a policy to better insulate yourself from potential discrimination lawsuits, call now to arrange for a free consultation at 215-947-6240 or visit us online. Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site. Pennsylvania Governor Wolf recently signed into law Senate Bill 166. The new law’s impact will be to expand the sealing of criminal records in Pennsylvania. The goal is to reduce recidivism, relieve the pardon system, and provide ex-offenders greater opportunity to join the workforce.
The new law allows individuals who have served their punishment and remained free of arrest or prosecution for anywhere from seven to ten years for non-violent second or third degree misdemeanors to petition the court for their record to be sealed from public view. More importantly, it means being convicted of a non-violent second- or third-degree misdemeanor in Pennsylvania need no longer remain with a person for their lifetime. Third-degree misdemeanors include certain types of disorderly conduct, loitering and prowling at night, and open lewdness, among other crimes. Second-degree misdemeanors include such crimes as false swearing in official matters, bigamy and impersonating a public servant, among other crimes. The Impact: This Act allows for the sealing of certain criminal records. So while law enforcement and state licensing agencies will continue to have access to those records, a person’s past criminal record will no longer be an impediment for employment, housing, education and more. The attorneys at Howland, Hess, Guinan, Torpey, Cassidy & O’Connell, LLP are experienced in expungement proceedings and can also assist you in petitioning the court to have your record sealed. If you were previously convicted of a non-violent second- or third-degree felony, like retail theft or disorderly conduct, and wish to speak to an experienced attorney about having this information sealed publicly, contact Howland Hess O'Connell today. Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site. Drugged driving is a misunderstood area of law. Parents particularly should be aware of the law and penalties. If you suspect your child might be using marijuana, it is important you and they recognize the risks associated long after the effects of the drug have worn off. In Pennsylvania, a person is guilty of driving under the influence or driving after imbibing (“DUI” and “DAI”, respectively) if said individual:
marijuana or its metabolites is in your blood while operating a vehicle (*virtually the lowest measurable amount*), the state needs nothing more to establish you are under the influence. Interestingly, the previous level required to prove per se impairment was five nanograms per milliliter, so the current level is a significant reduction. The prosecutor need not prove you were impaired, but must only establish a baseline level of the drug was found in your system. Why is this such a frightening proposition? The THC metabolite can remain in a person’s system for several days after an individual ingests marijuana. Therefore, even though you have long come down from the high associated with marijuana use, you are still technically under its influence under the law. Remember again that Pennsylvania does not require a showing of impairment if your blood levels show the requisite level. The penalties you may face include a one-year license suspension, jail time, and fines up to $5,000. If you have been charged with an alleged DUI or DAI, an attorney skilled in DUI defense can explain your rights and help you prepare the best possible defense. The legal team at Howland Hess O’Connell is available to assist you in handling this matter. A free and confidential consultation is one phone call away at 215-947-6240, or visit us online today. Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connellencourages all readers to seek and consult professional counsel before acting upon the information contained on this site. In Part One of our Three Part Series regarding License Suspensions, we introduced generally the topic of license suspensions and the most common causes for a suspended license. In Part Two of our Three Part Series, we discussed the issue of License Suspensions resulting from non-attentiveness. In today’s post, we discuss the issue of suspensions resulting from over-attentiveness (usually caused by a moral desire to obey the law and simply make the ticket or fine go away). Imagine the following, very real scenario: you receive a ticket and, being overly concerned about not being timely in your response, write a check and pay the fine immediately. In doing so, do you realize what you’ve done? You have just plead guilty to whatever violation is the basis of the ticket. Did you know that many violations lead to additional penalties imposed by Penndot that are not mentioned on the ticket? Many people don’t. In addition, since local courts are not permitted to provide legal advice, many people who are trying to promptly respond to the ticket (to avoid a suspension, and follow the law) frequently find out after paying the fine that Penndot is suspending the license because of the nature of the violation. Be aware that pleading ‘guilty’ or being found ‘guilty’, means being “convicted“. Once convicted, Penndot can impose points and suspensions which can be more costly than the original fines. The moral of this story and three-part series is simple: be attentive to any tickets you may receive but be cautious before pleading guilty to them. It is critically important to know what all the ramifications are prior to doing so. NOTICE: If you’re license has been suspended or you’re facing the potential of a license suspension, the attorneys at Howland Hess O’Connell are available today to help you. Michael Cassidy is very experienced with the Motor Vehicle Code, Penndot’s schedule of penalties, and, most importantly the police officers and judicial system that handle these citations. Competent legal advice can save money (in fines, costs, and higher insurance premiums), and quite frequently, the loss of your driver’s license. Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site. It is a common misconception. An individual sets up his or her will or living trust and, following that, believes the job is done. In reality, a will, trust, or other estate-controlling document is as much a living, breathing creature as you are. As your circumstances, relationships, and the laws change, so too must your will reflect those changes. Otherwise, you may have an estate that is being distributed in accordance with your preferences from the 1990's as opposed to 2016. There are numerous reasons to review, update, or modify your will or living trust. Perhaps new people have come into (or out of) your life. Perhaps you have joined an organization or charity group and have decided you’d like to leave a percentage of your estate to ensure the continued viability of that association. A good general rule of thumb is that any time you or anyone named in your will experiences a major life change (birth of a child, adoption, death of someone named in a will, children reach the age of 18, separation/divorce, relocation to a new state), it is time to at least consider revising your will or trust to indicate how these changes impact the manner in which you want your property distributed at death. Perhaps the most important reason to regularly check on the status of your will or living trust is to account for any changes in the law and the effect these changes can have on your estate plan as currently laid out. Estate tax, inheritance tax, and gift tax exclusions continue to move up and down. Being aware of these changes and adjusting accordingly is key to providing maximum protection to your assets and providing for your loved ones. If it has been longer than three years since you’ve last reviewed your will, it is likely in your best interest to arrange a time with your attorney to review this document. If you don’t have a will, or you have a will which you drafted which has not been reviewed by a licensed attorney, now is a good time to consider creating or reviewing your document with an attorney. Howland Hess O’Connell has several attorneys practicing in the field of Estate Planning and available to help you today, including: Richard Torpey, George O’Connell, Michael Cassidy, Thomas Guinan, Bruce Hess, John Howland, Karen Angelucci, Dennis Meakim, and Karen Mavros. Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland, Hess and O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site. In Part One of our Three Part Series regarding License Suspensions, we introduced generally the topic of license suspensions and the most common causes for a suspended license. As previously mentioned, there are a myriad of reasons a person’s license might be suspended, including non-attentiveness after receipt of a ticket or, to the contrary, being ultra-attentive upon receipt of a ticket. In today’s second posting regarding license suspensions, we discuss the dangers of non-attentiveness. Consider the following scenario: you receive a ticket for something as minor as a parking ticket, or making an illegal turn. Unfortunately, you forget to promptly respond within the permitted response period (or you flat out lose the ticket). Although the court sends you a reminder, you either do not receive it or, again, forget to respond. That “failure to respond” will then be promptly reported by the local court to Penndot and Penndot, in turn, will suspend your driver’s license. It is not infrequent for people who “failed to respond” and who had their license suspended, to not even know their license was suspended. These individuals then drive only to get pulled over and cited for “Driving Under Suspension”. This violation alone calls for a one year suspension. The moving or parking violation is the original violation, and when you eventually plead guilty to the citation and pay the fine, you are subsequently admitting guilt to driving under suspension. For the foregoing reasons, it is critical that you be aware of the full penalty before pleading guilty to any offenses and paying the fines. NOTICE: If you’re license has been suspended or you’re facing the potential of a license suspension, the attorneys at Howland Hess O’Connell are available today to help you. Michael Cassidy is very experienced with the Motor Vehicle Code, Penndot’s schedule of penalties, and, most importantly the police officers and judicial system that handle these citations. Competent legal advice can save you money (in fines, costs, and higher insurance premiums), and quite frequently, the loss of your driver’s license. Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site. On Friday, January 8, 2016, Dennis Meakim of Howland, Hess, Guinan, Torpey, Cassidy & O’Connell, LLP, was elected to the Board of Directors of the Montgomery Bar Association. The Montgomery Bar Association, or “MBA,” has 2,100 members. The Board is made up of the Officers, the Chairs of the Four Sections (Family Law, Probate and Tax, Trial Lawyers, and Young Lawyers), and the 15 members elected by the membership. Five of these fifteen members are elected every year to serve for a term of three years. Dennis is one of those five most recent elected Directors picked to serve for the next three years.
The Board of Directors of the MBA provides insight and direction to the officers of the organization. The Montgomery Bar Association includes over 60 Committees and Sections covering all aspects of the law and legal practice. The Board serves as a voice of the members and is the voting body for establishing policies and objectives of the organization. Mr. Meakim had a busy day Friday. He was not only elected to the Board of Directors, but he was also appointed Co-Chair of the Sidebar Committee at the MBA. The Sidebar Committee puts together “Sidebar”, the award winning quarterly magazine of the Montgomery Bar Association. The magazine contains a mix of brief scholarly articles, practice tips, and announcements of the news and events most relevant to the membership of MBA. Dennis’ practice focuses on family law, business law, and estate planning in the five county area (Montgomery, Bucks, Delaware, Chester and Philadelphia) as well as Camden and Gloucester counties in New Jersey. He also practices in the areas of criminal defense and personal injury. Howland Hess O’Connell congratulates Dennis on this tremendous achievement. Did you ever stop and think how important your driver's license is to you? Did you ever think about how your job, family and everyday living would be affected if your license was suspended? Most, if not all, of us are absolutely dependent on our ability to drive.
There are numerous reasons why a license might be suspended. Some are related to specific driving offenses, while others may be due to a violation of specific Pennsylvania laws. Some of the most common reasons include DUI convictions, excessive moving violations, driving without insurance or without a license, and even failure to stop for a bus. However, there are numerous other reasons a person's license might be suspended, including how they treat receipt of a ticket from the court. Suspensions can occur either through non-attentiveness after receipt of a ticket, or, to the contrary, being ultra-attentive and responsive upon receipt of the ticket. What do we mean? As part of a three part series, stay tuned for next week's blog detailing the danger of non-attentiveness after receipt of a ticket. NOTICE: If you're license has been suspended or you're facing the potential of a license suspension, the attorneys at Howland Hess O'Connell are available today to help you. Michael Cassidy is very experienced with the Motor Vehicle Code, Penndot's schedule of penalties, and, most importantly the police officers and judicial system that handle these citations. Competent legal advice can save money (in fines, costs, and higher insurance premiums), and quite frequently, the loss of your driver's license. Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O'Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O'Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site. As part of a multi-million dollar effort to crackdown on DUIs, law enforcement officials in Bucks and Montgomery County will be increasing DUI monitoring efforts tonight into tomorrow morning. The target locations are Routes 611 and 309 from 10:00 PM tonight to 3:00 AM Friday morning. As detailed by a report in the Bucks County Courier Times, officers from the townships of Bensalem, Middletown, New Britain, Warrington and Warwick, and the Penndel Borough, will be out on roving patrols targeting drunk drivers. In Montgomery County, officers in Horsham and Upper Moreland will be patrolling 611 up to at least the Pennsylvania Turnpike. What does this entail? In addition to regular traffic patrol, there is the potential for increased sobriety checkpoints and roving patrols. Previous DUI crackdown efforts in Bucks and Montgomery County have resulted in numerous arrests. For instance, on Thanksgiving Eve, 10 drivers were arrested over a five-hour period for suspicion of DUI at a Bucks County DUI Checkpoint. On July 10, 2015, 15 people were arrested at a Montgomery County Checkpoint. New Years Eve is a festive time to celebrate with family and friends. However, it is important to be smart and safe. Happy New Year's Eve from Howland Hess O’Connell! Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site. |
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