Pedestrian Traffic - O'Donnell Law

Tractor-Trailer Weight Limits: Don’t Overburden Our Roads

Samuel O'Connell — Fri, 24 Apr 2026 13:46:13 +0000

By Neil T. O’Donnell and Connor Graham

Congress has begun its semi-annual discussion of increasing the weight limits of tractor-trailers.

The trucking industry has a lot of weight to throw around in lobbying. Driving/sales work is far and away the number one occupation for young U.S. men without a college degree. Big business utilizes its position as one of the largest industries to push for reforms that benefit profitability.

The Proposed Increase

A weight increase, the industry purports, would boost productivity and allow for fewer trucks on the road.

But the recent proposed increase — from 80,000 pounds to 91,000 pounds — comes with even heavier costs. Trucking accounts for a comparatively higher percentage of mileage-related costs, including pavement damage, congestion, and noise, primarily due to the vehicle weight and the associated precautions to support that weight.

One would think a roughly 12% increase in weight capacity would be further detrimental to public highways.

Would Heavier Trucks Really Mean Fewer Trucks?

It’s also dubious that a weight increase would lead to fewer trucks on the road.

Much like why increasing the number of lanes does not eliminate traffic, an increase in storage capacity may cause businesses to take more product throughout the year for transport. A change in capacity would prompt a change in behavior to match.

The change may prompt trucking companies to take on more goods for travel.

The Employment Impact

Lastly, it is doubtful that trucking unions would accept such a shake-up in employment. Should the weight increases lead to fewer trucks, then it stands to reason that fewer workers would be needed to man the trucks.

If that were to happen, the government would have to contend with the noticeable loss of employment opportunities for high-school educated men.

Pennsylvania Roads Are Burdened Enough

A survey conducted by the Coalition of Bigger Trucks found that 77% of respondents in Pennsylvania’s 8th Congressional District opposed a weight-limit increase for tractor-trailers.

Further, 88% were concerned with deteriorating highway conditions associated with heavier vehicles.

Pennsylvania’s roads are burdened enough, and the people understand this.

Let’s not make our highway situation worse.

About O’Donnell Law Offices

O’Donnell Law Offices represents individuals and families injured in truck accidents throughout Wilkes-Barre, Scranton, and Northeastern Pennsylvania. For more than 35 years, our attorneys have handled cases involving tractor-trailers, commercial trucks, and other large vehicles.

Truck accident cases often involve serious injuries and complex liability. Our Wilkes-Barre and Scranton truck accident lawyers work to protect the rights of those affected and pursue meaningful results.

If you or a loved one has been injured in a truck accident, contact O’Donnell Law Offices to schedule a free consultation directly with an attorney.

The post Tractor-Trailer Weight Limits: Don’t Overburden Our Roads first appeared on O'Donnell Law.

Pedestrian Injuries: Know Your Rights and Stay Safe

Gerard Gaughan — Wed, 30 Apr 2025 16:20:56 +0000

The weather is warming up, and more and more people are spending time outside to enjoy the fresh spring air. However, as more people spend time outside, they will be sharing the road with motor vehicles. This presents a safety risk to pedestrians, and there are some things you should remember before you go out for a stroll.

Pedestrian Rules in Pennsylvania

While out walking, you are considered a pedestrian. However, it is still important to follow the rules of the road when walking down or crossing roadways. If you need to cross a roadway, the safest place to do so is at an intersection with a defined crosswalk. In many cases, these are controlled by crossing signals.

If you are walking along a roadway, Pennsylvania law requires that pedestrians use the sidewalk where one is provided and its use is practicable. When there is no sidewalk available, the law requires pedestrians to walk only upon a shoulder, and as far as practicable from the edge of the highway. Finally, where there is neither a sidewalk nor a shoulder, pedestrians must walk as near as possible to the outside edge of the roadway, and against the flow of traffic where possible.

Tips for Walking Safely

It is important to remember that, under the laws of Pennsylvania, except where in designated pedestrian areas like sidewalks and crossings, pedestrians must yield the right of way to vehicles. However, you can increase your visibility and your safety by taking a few simple steps.

Try to constrain your outdoor activities to the daytime hours where visibility is higher for drivers.
If you want or need to walk at night, invest in some simple safety devices, like a reflective vest or shoes, a head lamp, or even light-up leashes for your pet.

Injured While Walking? We Can Help.

While you can minimize your risks of injury as a pedestrian, you can never make it zero. If you are injured while out walking this spring or beyond, give O’Donnell Law Offices a call and we can evaluate your claim. O’Donnell Law Offices has decades of experience representing injured pedestrians, and we will help you understand your rights in recovering for those injuries.

What is a Personal Injury Case?

In this video, Attorney Gerard Gaughan explains what a personal injury case is and what it means for someone who has been hurt due to someone else’s negligence. With years of experience representing injured clients across Northeastern Pennsylvania, Gerard breaks down the basics—so you can better understand your rights and what to expect if you’re considering a claim.

Pedestrian Safety in Wilkes-Barre, Pennsylvania

Wilkes-Barre is a vibrant city with walkable neighborhoods, active downtown areas, and local colleges that bring many pedestrians to its streets daily. However, high-traffic zones like Public Square, River Street, and the areas around Wilkes University and King’s College also present significant risks for those on foot.

Unfortunately, pedestrian accidents in Wilkes-Barre are not uncommon. Busy intersections, limited crosswalk visibility, and distracted drivers all contribute to the danger. That’s why it’s critical for walkers to understand their rights and responsibilities under Pennsylvania law—and to stay alert, especially when crossing roadways or walking at night.

If you’ve been injured in a pedestrian accident in Wilkes-Barre, O’Donnell Law Offices can help. Our firm is based right here in Luzerne County, and we have decades of experience representing injured pedestrians throughout Northeastern Pennsylvania. We understand the local roads, the common causes of these incidents, and how to pursue justice on your behalf.

The post Pedestrian Injuries: Know Your Rights and Stay Safe first appeared on O'Donnell Law.

PENNSYLVANIA SUPREME COURT SCRUTINIZES THE “SUDDEN EMERGENCY” DEFENSE

matt — Mon, 11 Jan 2021 21:11:08 +0000

The Pennsylvania Supreme Court, in a majority opinion authored by Justice David Wecht, published on December 22, 2020, struck a significant blow to the sudden emergency defense in the Commonwealth of Pennsylvania. Specifically, in Graham v. Check, a pedestrian was stricken by a motor vehicle at nighttime, in an area with no crosswalk. The Trial Court, at defendant’s request, charged the jury on “the sudden emergency defense.” The Pennsylvania Supreme Court, however, reversed the Trial Court and found the facts did not support the sudden emergency jury charge defense. In considering sudden emergency, the Supreme Court stated:

“[S]ince the advent of the automobile, Pennsylvania law has imposed a heightened standard of care upon drivers to exercise particular vigilance when it is reasonably foreseeable that a pedestrian will cross their path, particularly at intersections.”

“Counterposed against this doctrine in the context of a pedestrian strike is the bedrock principle that a driver bears a heightened duty of care relative to pedestrians crossing at intersections. . . At street crossings, drivers must be highly vigilant and maintain such control that they can stop their cars on the shortest possible notice. It is the highest duty of motorists. The pedestrian has the right of way.” (Citations omitted)

“[A] person cannot avail himself of the protection of this doctrine [sudden emergency] if that person himself was driving carelessly or recklessly.”

Portending future analysis, the Pennsylvania Supreme Court noted the presentation of “detailed arguments and authorities in favor of abolishing the sudden emergency doctrine entirely. While we review case law and commentary to that effect as a way of advancing the law of Pennsylvania, we decline at this time to rule so expansively.”

The law in the Commonwealth of Pennsylvania is what the Supreme Court says it is. Accordingly, going forward, it appears that the Sudden Emergency Defense in Pennsylvania has been diminished and ultimately, the doctrine may be eliminated.

Stay tuned.

The post PENNSYLVANIA SUPREME COURT SCRUTINIZES THE “SUDDEN EMERGENCY” DEFENSE first appeared on O'Donnell Law.

Spinal Cord Injuries

matt — Fri, 05 Jun 2020 10:00:33 +0000

If you suffered injuries in a car accident, there is a chance you may have catastrophic medical injuries including damage to your spinal cord. The severity of spinal cord injuries ranges widely and spinal cord injuries ultimately may be permanent or even result in death. The following are common kinds of spinal cord injuries that victims may suffer following a serious car accident. Knowing your rights following an accident can help you understand how you may be able to receive compensation for your spinal cord injuries.

Complete Vs. Incomplete Spinal Cord Injuries

There are two different ways your spinal cord injury may be categorized: incomplete or complete. A full injury to the spinal cord would make a victim completely unable to move any bodily area below the injury. This physical area below the injury will have no feeling or only small amounts of feeling, and unfortunately, there is typically only a very small chance of making a full and complete recovery. An incomplete injury to the spinal cord is when a victim of a car accident may actually experience stimuli, feeling, or even have the potential to move parts of their body, except only in small areas. Sometimes, there is hope that these patients can at least make a partial, or slow recovery.

Common Types of Spinal Cord Injuries

The following are common types of spinal cord injuries suffered after an accident due to someone else’s negligence.

Whiplash
Herniated discs or ruptured discs
Facet Joint Injuries
Spinal fractures
Spinal Stenosis

Whiplash is considered the most minor of all spinal cord injuries. In fact, some victims of car accidents that experience whiplash will actually have no pain after a few days or weeks if they simply rest and take over-the-counter pain medications as directed by a doctor. However, other cases of spinal cord injuries are typically much more severe and can be either temporary or unfortunately, permanent. For example, spinal fractures may heal over time, or they may cause permanent injuries. In some cases, spinal injury may heal over time with rest, physical therapy or surgery, or a combination of these approaches. Lastly, some spinal cord injuries are so severe they cause permanent paralysis or even death. Each survivor of spinal cord injury will have different experiences and different prognoses.

Let us Help You Today

Spinal cord injuries can be some of the most severe injuries suffered in a car accident. They can lead to permanent paralysis or even death. Oftentimes, the lives of victims suffering from spinal cord injuries are never the same. You have the right to seek justice for the injuries you now face that were due to the negligence of another person. Contact one of our personal injury attorneys at O’Donnell Law Offices at 570-821-5717 or online today to help you understand your legal rights and how you can receive compensation for your spinal cord injury, or any other injuries from your car accident. We proudly serve clients in Kingston, Wilkes Barre, Hazleton, and Pittston.

Resource:

ncbi.nlm.nih.gov/pmc/articles/PMC5409362/

https://www.odonnell-law.com/2020/05/29/steps-to-take-after-your-bicycle-accident/

The post Spinal Cord Injuries first appeared on O'Donnell Law.

Look Out! Here Come “E-SCOOTERS”

matt — Wed, 23 Jan 2019 21:52:27 +0000

As we know from Uber, Lift, and other services — vehicle sharing is now a part of our lives. In fact, in larger cities, you may have noticed vehicle sharing includes “E-Scooters”.

E-Scooters are pay-per-minute electric scooters. Estimates demonstrate that since 2010, the bike-share industry has offered users more than 123,000,000 paid trips in the United States. And E-Scooters are prepared to meet or exceed that amount of traffic.

So what do you look for in a safe E-Scooter? Consider proper maintenance of the E-Scooter and all necessary equipment.

The providers should be responsible for maintenance of their vehicles. These vehicles are customarily in heavy use. There should be safety inspections to identify maintenance problems such as worn brakes, damaged tires, etc. Sharing services are responsible for reasonably inspecting and reasonably maintaining their vehicles, including E-Scooters.

Find out whether the service offers or provides helmets or other head protection. Some companies offer free or discounted helmets, or have on-site helmet dispensers. Given the dangers associated with these modes of transportation, a strong argument exists that helmets should be mandatory.

And in the face of a serious injury, an investigation should be started promptly to immediately preserve any video footage where the incident took place, and the vehicle involved in the injury. Preservation letters must be sent to the E-Scooter sharing service demanding that the subject vehicle be taken out of service immediately and preserved for inspection.

Once the evidence is preserved, qualified experts can evaluate that evidence.

As Spring approaches, E-Scooters are coming our way. We need to be mindful of the risks presented and the best safety procedures.

The post Look Out! Here Come “E-SCOOTERS” first appeared on O'Donnell Law.