By John M. Hart III, Esq.
With the arrival of summer, people eagerly plan road trips, family vacations, and scenic drives. This rise in road traffic often corresponds to an increase in driving offenses. At the time of this writing, the Pennsylvania State Police had already released their statistics from the recent Memorial Day holiday weekend. Statewide, there were fewer crashes this year compared to last year and fewer crashes caused by drunk drivers as well. But locally, speeding tickets have gone up… but why?
I get it. I’ve always been known to travel in the left lane, albeit appropriately. (Side note: Did you know it’s against the law to stay in the left lane when not passing someone or driving faster than traffic flow? #moveover). Some of us like to drive faster, others don’t. It’s almost always been that way.
I own a 70s Chevy muscle car that’s older than me, and it wasn’t designed for leisurely Sunday drives to church. If it were, why would the speedometer go up to 120mph? But with cars becoming smarter, safer, and more adaptive, one has to wonder why more speeding tickets are being issued.
Perhaps that because when these safety precautions are built into the vehicles, people feel more secure pressing the pedal to the metal. I don’t know the exact answer, but I do know that there are several concerns that we must take into consideration when driving this season.
The excitement of summer can tempt many to let their guard down, so it’s crucial to remain cautious behind the wheel. Irresponsible driving not only poses risks to personal safety, but also leads to numerous legal issues.
As stated above, speeding is one of the most common traffic violations in the summer, often triggered by clear roads and favorable weather conditions. Legally, the penalties for speeding can range from fines and demerit points on your license to court appearances for extreme offenses. If repeated speeding violations occur, drivers can face license suspension, significantly higher insurance premiums, and, in some cases, mandatory driving classes, or even jail time.
The warmer summer months also bring about more parties. With summer parties, cookouts and gatherings, there is a rise in DUI offenses compared to the rest of the year. Drinking and driving is a serious crime and carries severe legal consequences, but we’ve already touched base on that in previous articles, so I won’t belabor the point. It’s common sense. Just don’t drink and drive!
Besides speeding, there’s reckless driving, which often includes behaviors like tailgating, changing lanes without signaling, and disregarding traffic signals–all of these types of driving infractions increase during the summer months. These acts of negligence can lead to accidents causing injury or even death. The legal consequences may range from hefty fines and a suspension or revocation of your driver’s license to jail time.
Summer drives often mean long hours on the road, and distracted driving becomes a significant concern. Whether it’s texting, changing the music, or dealing with rowdy kids in the backseat, taking your attention off the road can lead to catastrophic accidents. Distracted driving is legally penalized, often through fines and points on your license, but can escalate to more severe penalties in case of injuries or fatalities.
Speaking of those rowdy kids, I am already beginning to dread our annual long drive up to Acadia this summer now that we have two boys to head up north with us! Coupled with two dogs, and a 27’ camper in tow, you can already imagine the heightened degree of distractions that I will be contending with.
It is already nerve-wracking to drive with a travel trailer in tow. But I recently saw a post on social media of a pickup truck turned on its side with a camper still attached by the hitch. Apparently, this accident occurred on 81 North, which doesn’t help with the impending anxiety of the next road trip. It was tough to tell by the picture what caused the accident, but it did remind me of two things. First, I hope the driver had good insurance. I cannot express enough the importance of knowing the policy options when shopping for your auto insurance. So, I will do a short, boring lawyer talk real quick…
Uninsured/Underinsured Motorist (UM/UIM) insurance and full tort options are key components of a comprehensive auto insurance policy. They offer significant protection in the event of an accident, especially when the at-fault driver either lacks sufficient insurance or has none at all. Here’s why:
Uninsured/Underinsured Motorist (UM/UIM) Coverage: This type of coverage is designed to protect you in situations where you’re involved in an accident with a driver who either does not have any auto insurance (uninsured) or has insurance that doesn’t cover the full extent of the damages (underinsured). In the absence of UM/UIM coverage, you could be left to bear the cost of medical expenses, property damage, and other costs associated with the accident on your own, which could lead to significant financial hardship.
Full Tort Coverage: Here in PA, drivers can choose between “full tort” and “limited tort” coverage. Choosing full tort coverage gives you unrestricted rights to sue an at-fault driver for both economic and non-economic damages, such as pain and suffering. If the at-fault driver has no insurance or inadequate coverage, having full tort can provide a pathway for you to seek compensation for all of your losses associated with the accident. In contrast, limited tort typically restricts your ability to sue for non-economic damages unless you meet certain thresholds of serious injury, making full tort a more comprehensive protection.
It’s important to note that while these coverages can increase the cost of your auto insurance policy, the financial protection they provide in the event of an accident with an uninsured or underinsured driver can far outweigh the extra cost. In essence, investing in UM/UIM and full tort coverages can help ensure that you’re adequately protected on the road, no matter the insurance status of other drivers.
Okay, my lawyer rant is over. Now, back to the second remark that I was reminded of when seeing that accident. It was July 2020, and a good friend of mine had finally bought a camper. This meant my wife and I finally got to caravan down to a campground with friends. We were excited. He was nervous. He had a newborn, a 140 lb Newfoundland dog, a skeptical wife, and a brand-new camper. He had no idea how the whole ordeal would go. We set off to Cape May and had a picture-perfect weekend that went off without a hitch. (Poor choice of words, you’ll see why).
Then Sunday came, and my buddy had already packed up camp and hit the road before us. At this time, we were self-proclaimed veterans, so my wife and I took our time packing up camp. Then a call came in, “Did you guys leave yet? I had to get off the Garden State Parkway a couple exits north of Cape May.”
So my wife and I packed up and hit the parkway to meet my friend to see what happened. Once we got off the exit, we saw his Jeep, along with his shiny new camper, only it was leaning to the right. When I got out of the truck, I noticed that his Jeep was missing a rear wheel! Apparently, he had felt that the car was off while he was driving, so he pulled off the parkway, and once he got to the stop sign and turned left, the wheel popped off, causing additional damage to the new camper.
My rant before about insurance is important because my friend, also a lawyer, knew to have good insurance. This accident had no one to blame. It was a mechanical fluke. And they had to send two tow trucks, one for the Jeep and one for the camper, to bring them all the way back up to Lackawanna County. Imagine the costs for roadside assistance if he wasn’t covered!
Summer is a time for relaxation and enjoyment, but when it comes to driving, the same rules of responsibility apply. Irresponsible driving not only jeopardizes the safety of yourself and others but also brings a host of legal consequences. Therefore, it’s essential to drive carefully and responsibly, ensuring that the joy of summer is not overshadowed by preventable accidents and legal issues. And make sure you review your insurance policy to make sure you aren’t taking needless risks to save a buck.
