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Brief NotesWinter Drivers Beware In 2002, the legislature enacted a law requiring vehicle drivers to keep the windshield and both side and rear windows free of ice and snow that would materially obstruct a driver's visibility.Two new laws in 2006 are now in effect. Should ice or snow be dislodged from a moving vehicle and strike a vehicle or pedestrian causing death or serious bodily harm, a stiff fine is incurred. This may also give rise to civil liability. Anytime windshield wipers are in use for precipitation, either continuously or intermittently, lighted headlamps and other lamps and illuminating devices must be displayed. Lien for Overdue Child Support A new law effective September 6, 2006 provides that overdue child support will become a lien against lump sum awards under property or casualty insurance (including personal injury), workers' compensation or the Occupational Disease Act awards. The lien applies to any recovery of $5,000 or more, net of costs, fees and designated expenses. The attorneys for the awardee and insurance carriers are both obligated to search available data bases to verify whether overdue child support exists on record. 'Hydroplaning' Not a Sudden Emergency? A Virginia appellate court recently reversed a trial court and held that "the danger of hydroplaning is a common experience." In the new trial which was ordered, ordinary negligence rules were to apply and not the reduced standard of care usually applicable in "sudden emergencies." To anyone who has experienced and survived a hydroplaning incident, this is a strange result indeed! Jury Duty Scam Alert The Office of Jury Managers in Allegheny County recently issued an "Alert," warning of a scam whereby persons are "notified" by phone that they failed to appear for jury duty and are threatened with legal action. Identity data, including social security, bank or credit card information, is then requested to "correct" the situation. The Washington County Jury Commissioners have received one such complaint. Jury Commission or Court officials do NOT generate telephone inquiries for personal data or jury duty notices. All communications regarding jury duty are by mail or by returning a citizen's call. Any citizen receiving such a call should hang up and call the police. |
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