Strange bedfellows in "castle doctrine" controversy

Today, Governor Ed Rendell vetoed a bill overwhelmingly passed by the Pennsylvania House and Senate that would have expanded the right to use deadly force on a person's property. Essentially, that bill would have allowed property owners to use deadly force even when outside their home, or in their vehicle, without being required to retreat. Current law allows the use of deadly force within a person's home when threatened with deadly force, which generally includes the use of such force against an intruder, without having to retreat. What is interesting about this debate is that the law was opposed by the Pennsylvania District Attorney's Association and over 100 police chiefs throughout Pennsylvania. It is usually rare to see lawmakers opposing law enforcement officials so openly. And what is also unusual is that the passage of the law expanding the use of force was endorsed by many criminal defense lawyers! So you have the situation of defense lawyers on the same side as state legislators, who are usually loath to make such alliances, with the lawmakers opposing their more common allies, the police and prosecutors.
This may be a short-lived head scratcher, as the new state legislature is expected to revisit the issue when it convenes in January, and Governor-elect Tom Corbett is on record as being in favor of the legislation. Whether this legislation addresses a real problem, or is a solution in search of a problem, is a question that still remains.

Sexual orientation discrimination law

If you are a resident of Allegheny County or the City of Pittsburgh, you do have a right to be free from discrimination in employment and housing based upon sexual preference and orientation. Neither the Pennsylvania Human Relations Act or Title VII of the federal Civil Rights Act prohibits sexual preference discrimination. However, both the City of Pittsburgh and Allegheny County have ordinances prohibiting sexual orientation discrimination. Each has established a commission to investigate complaints of discrimination, and each provides that a complainant can file suit in the Court of Common Pleas after having exhausted the administrative process.

Pittsburgh's ordinance has been in effect since the 1990's; Allegheny County's ordinance was passed, with little public fanfare, in July, 2009. Both ordinances largely mimic the state law prohibiting discrimination, but are significant in broadening the scope of anti-discrimination protection to victims of sexual orientation/preference discrimination.

How to Stay Safe While Riding Your Motorcycle

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In 2008, there were over 390,000 registered motorcycles in Pennsylvania. It is no wonder, with rising gas prices and the recent economic downturn that more and more people are turning to motorcycles as an alternative means of transportation. Along with this increased enthusiasm comes a growing worry about distracted and careless drivers that seem to have proliferated on Pennsylvania roadways.

Pennsylvania Laws and Motorcycle Safety

There are several laws that apply to Pennsylvania motorcyclists, many of which are designed to protect both motor vehicle drivers and motorcyclists. Included in these statutes is a law stating that motorcyclists have many of the same duties and rights as other motorists while utilizing Pennsylvania roadways.

Here are some examples of other Pennsylvania laws pertaining to motorcycles:

Protective equipment use: State law requires that a motorcyclist use protective headgear and eyegear, unless he or she is over the age of 21 and has had a motorcycle license for two full calendar years or has completed a motorcycle safety course that has been approved by PennDOT or the Motorcycle Safety Foundation.

Lane use: Motorcyclists enjoy the same right to use an entire lane, as does any other driver. They must not pass a vehicle using the same lane as the vehicle being overtaken. Motorcyclists may however, drive two abreast in a single lane of traffic.

Use of headphones or earphones: No motorcyclist may operate a motorcycle while using headphones or earphones. An exception is the use of hearing aids or cell phone earpieces that only impair one ear.

Riding on motorcycles: Drivers and passengers of motorcycles can only ride on a permanent seat affixed to the motorcycle. A motorcyclist may not operate a motorcycle while carrying an object or passenger that may interfere with its operation.

Lighted lamp use: All motorcycles, built after 1982, should have a lighted headlamp that must be used at all times.

Insurance requirements: All motorcyclists registered in Pennsylvania are required to have liability insurance to cover injuries or property damage incurred by another in an accident. Motorcyclists are not required to carry medical insurance that covers their own injuries.

Helping You Stay Safe on the Road

There is always risk associated with riding a motorcycle on any roadway. Because motorcycles lack the protective equipment of cars and trucks and other drivers frequently fail to keep a proper lookout for motorcycles, motorcyclists and their passengers are at greater risk of serious injury or death.

Here are some basic safety tips that you may want to consider:

• Wear a helmet: People who wear helmets are three times less likely to suffer a serious head injury than those who don't wear headgear.
• Maintain a safe lane position: Position yourself in a place where you can see as much of the road as possible and where others have a better chance of seeing you.
• Make yourself visible: Wear clothing that will increase the chances that others will see you. Also make sure that you have a proper headlamp, brake light, turn signals and horn.
• Drive safely and responsibly: This may seem obvious, but the safer and more responsible you ride, the less likely you will put yourself in a dangerous situation on the road.
• Be alert and prepared to act: The more you are aware of your surroundings, the more likely that you will be able to react to hazards before it is too late.

Prepare yourself: Another way to avoid accidents is to know your bike and familiarize yourself with defensive driving techniques before you get onto the road.

What to Do After a Motorcycle Accident

Unfortunately no matter what you do, some accidents are unavoidable. If you should find yourself involved in a motorcycle accident, it is important to follow a few simple suggestions:

• Stay calm, do not admit fault and cooperate with the police
• Call the police if your bike has to be towed or if you, or another person, are injured
• Write down the other driver's name, address, telephone number, vehicle registration number, insurance company and insurance policy number
• Write down any names and addresses of anyone who witnessed the accident
• Document the accident scene and any damage or injury sustained by taking photos and writing detailed notes
• Obtain and keep track of medical treatment
• Contact an experienced personal injury attorney
  

Contact an Attorney

As a motorcyclist, you can do certain things that can decrease your chances of getting into an accident. If you do get into a motorcycle accident, it is best to speak with an experienced personal injury attorney to answer any questions you may have, help you preserve your rights and discuss your legal options.