Hart of the Issue: June 2023

Posted on June 7, 2023 by The Dunmorean

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.

The Hart of the Issue: May 2023

Posted on May 2, 2023 by The Dunmorean

By John M. Hart III, Esq.

Election Day is upon us, and we must remember that it is a vital part of the democratic process. It is an opportunity for citizens to exercise their right to vote and have a say in the selection of their local government representatives. Local government officials are responsible for making decisions that impact the daily lives of their constituents, including decisions related to taxes, public safety, infrastructure, education, and much more. Therefore, every vote cast in local elections is critical and can make a significant difference in the outcome of the election.

Many individuals may underestimate the significance of local elections and choose not to participate in the voting process. However, the decisions made by local government officials can have a more direct impact on the lives of citizens than decisions made by federal officials. For instance, local officials are responsible for managing and funding schools, roads, and public safety services. If citizens fail to vote in local elections, they risk having their needs and concerns overlooked by those in power, ultimately affecting the quality of life in their communities.

It is also essential to understand that every vote counts in local elections. In some cases, local elections are decided by only a handful of votes. This has been the case several times in Lackawanna County, even right in the Borough of Dunmore. In 2019, the race for Mayor of Dunmore was decided by single digit votes. During the same election, the race for a seat on Borough Council was likewise determined by a small margin of votes.

Furthermore, local elections can have long-term consequences. Local officials who are elected have the power to influence policy decisions and allocate resources in their communities for years to come. A community’s quality of life can be greatly impacted by the policies and initiatives put in place by local officials. Thus, every vote cast in local elections is crucial, and citizens must take their civic duty seriously by participating in the election process.

The upcoming County Commissioner election should be important to all of us as well. There are several upcoming changes to us all on a county level with an impending reassessment, a prison that if constantly under scrutiny and an entire new County Department of Health underway. All of these county level changes will be in the hands of who we elect this May. We have a total of eight candidates vying for 3 seats. While often times, these types of races can be, well, boring, this year’s county commissioner race is full of excitement because the voters have several of candidates with whom to choose from. And that is the best part of our democracy. It is up to us to choose who will represent us.

A few years ago, I had the honor of representing four individuals from a neighboring county, two Republicans and two Democrats, who were seeking to run for the position of County Commissioner. The individuals had filed their petitions to run for office, but unfortunately, their petitions were challenged by others who sought to remove them from the ballot. If the challenge was successful, only the incumbent candidates would remain on the ballot.

I fought hard to ensure that our clients remained on the ballot and that the citizens of that county had the right to vote from several candidates, accurately and adequately representing them in government. As a result, the citizens of that county had the opportunity to vote for the candidates of their choice and to exercise their right to participate in the democratic process.

I was proud to have represented these individuals in their quest to serve their community and to have played a role in ensuring that the election process was fair and transparent. I firmly believe in the importance of upholding the democratic principles of fairness and justice, and I will continue to fight for the rights of my clients to have their voices heard in the political process. And more importantly, I will continue to exercise my right to vote and make a difference in each and every election so that I can support my candidates whomever they may be.

Please remember that your vote matters and each and every local election matters to all of us living in the Borough of Dunmore, the County of Lackawanna, the Commonwealth of Pennsylvania, and the United States of America because every vote cast in local elections is an opportunity to make a positive impact and improve the quality of life in our communities.

Hart of the Issue: “It’s all fun until someone gets hurt”

Posted on April 5, 2023 by The Dunmorean

By John M. Hart III, Esq.

What better way to start a month than with a laugh. I guess that’s one of April’s selling points. We may be caught off guard when we see someone walking down the street with a “kick-me” sign on their back if we forgot that it was April Fool’s Day. So, try to be cognizant of the day rather than actually kick the person, especially if it’s a stranger. The last thing you want is to partake in a joke that can go south and result in an unintended injury.

April Fools’ Day is a holiday celebrated around the world on April 1st. The origins of this holiday are not entirely clear, but it is believed to have started in Europe during the Middle Ages, or so my attempts of searching the web lead me to think..

One theory about the origins of April Fools’ Day is that it began in France in the late 16th century. Prior to the adoption of the Gregorian calendar in 1582, the new year was celebrated on March 25th, which was the Feast of the Annunciation. When the new calendar was adopted, and the new year began on January 1st, some people continued to celebrate the new year on April 1st. Those who celebrated on April 1st were called “April fools” and were often subjected to pranks and jokes.

Another theory is that April Fools’ Day may have originated from ancient Roman festivals, such as Hilaria, which was celebrated on March 25th. During this festival, people would play pranks on each other.

While April Fools’ Day is usually a day of harmless pranks and jokes, sometimes these pranks can go too far and result in injury or legal action. One infamous example is the case of “The Great Left-Handed Whopper Hoax” of 1998. Burger King released an ad claiming that they were introducing a new burger called the “Left-Handed Whopper” that was specifically designed for left-handed people.

The ad claimed that the new burger had all the same ingredients as the regular Whopper, but the condiments were rotated 180 degrees for left-handed customers. Many people believed the ad and went to Burger King to order the Left-Handed Whopper, only to be told that it was a prank. While no one was injured in this case, Burger King was sued by customers who claimed that the ad was false advertising.

There have been several other corporate advertising blunders carried out on April Fool’s Day besides Burger King’s mishap. In 2016, Google announced a new feature called Mic Drop that would allow users to use a GIF of a minion dropping a microphone as a way to end user’s emails. This was all a joke, of course, brought by Google who didn’t really have such a feature developed. The attempt at an April Fool’s Joke resulted in mass confusion and frustration across its users.

BMW had a self-painting car that created a ton of backlash, Sony had a wearable air conditioner, and T-Mobile had the Phone Boothe, a soundproof phone booth that would be located in public places for users to make phone calls in privacy. All of these examples were jokes, as in the company never actually intended to release these products or features and relied on the public’s ability to filter out the jokes from reality. Many of these corporate jokes gone wrong resulted in lawsuits against them, all to hurt the deep pockets of these major companies.

So why do companies take the risk? Sometimes it works. Companies are always looking for new clever ways to market their products. Take Microsoft for instance. Microsoft has made a mini fridge that looks like an Xbox as part of a marketing campaign for its Xbox Series X console. The mini fridge was originally created as a joke after Microsoft won a Twitter poll in which fans were asked to vote for their favorite brand.

The poll was initially between Xbox and Skittles, but after Xbox won, the company joked that it would make a mini fridge that looked like an Xbox. The idea gained a lot of social media traction, so they decided to follow through with it and actually create the mini fridge. It was a marketing idea that worked to generate buzz about the new console and promote not only the capability of the new gaming console but the appearance itself thereby strengthening their brand and merchandise.

Companies do have some form of regulation in place in an effort to prevent their marketing schemes from duping consumers. The FCC (Federal Communications Commission) has regulations against hoaxes broadcast over the air. For example, in 2004, a radio station in Florida was fined $7,000 by the FCC for broadcasting a fake news story about a local bridge collapsing. The station had to issue a public apology and pay the fine. The FCC’s restrictions are in place to prevent panic or confusion among the public.

But April Fool’s Day jokes can also do more than hurt one’s wallet or cause confusion to the public if the joke gets out of hand. I don’t think this newspaper has the space for me to list all pranks that can cause unforeseen harm because the list is infinite. Common things to take into consideration are whether or not the prank is dangerous.

Does your escapade involve fireworks, motor vehicles, or even slapstick comedy? These types of pranks can all go wrong quickly. Other pranks may not seem as dangerous at first blush, but you have to exercise good judgment with your target. Perhaps you were planning a joke that involves manipulating someone’s food or drink, such as spiking it with a substance like hot sauce, salt, or other unique foods. Remember, some people have allergies to unsuspecting ingredients and your harmless prank may cause serious bodily injury to them.

So, if you want to pull a prank on a friend or loved one, please be responsible and think ahead of the potentially dangerous ramifications. Apply common sense to your jokes and try to consider the result of the mischief on the intended target before executing your prank for a laugh this April.