Posted On: July 30, 2010

Pennsylvania Wrongful Death - Autistic Langhorne Man Dies after Being Left in Van

A 20-year-old severely autistic man and resident at Woods Services in Langhorne, PA, died of hyperthermia on July 24. He was left in a van for five hours on a day where the outside temperature reached 97 degrees and the temperature in the van could have risen to 29 degrees above that. According to the Philadelphia Daily News, police are investigating the tragic death. A counselor at the facility who was responsible for Nevins has been suspended and may face charges for leaving Nevins in the van.

The Woods facility provides services for people with autism spectrum disorder and other developmental disabilities. On July 24, Woods counselors took Nevins and three other residents to Sesame Place, in Langhorne. Each counselor was responsible for two residents.

After returning to Woods Services from Sesame Place, Nevins’ counselor left work and it wasn’t until a nurse looking to give medications to Nevins realized he was missing.

This is the second recent death at the Woods Services. A 17-year-old resident died in November when he was struck by at least two cars after he fell or jumped from a highway overpass.

The deceased man’s family would be well advised to seek the advice of a Pennsylvania wrongful death attorney who could determine if there was any negligence on the part of the care facility. These types of accidents should never occur.

If you or someone in your family has been a victim of negligence at a personal care facility/nursing home in PA, the Pennsylvania personal injury lawyers at Cherry, Fieger & Marciano will use their knowledge, their aptitude and their ability in pursuit of obtaining considerable damages for the injured party. For more information, contact us today at 1(888) 684-7192.

Posted On: July 29, 2010

Three Philadelphia Men Killed in AC Expressway Accident

Three men in their twenties, all from Philadelphia, were killed on June 25, 2010 when the vehicle in which they were traveling went off the Atlantic City Expressway in NJ and hit several trees, according to the Philadelphia Daily News.

The three men were killed after their vehicle went out of control on the expressway. It left the roadway and struck trees in the center median. The three men were pronounced dead at the scene.

A mother of one of the victims said that the men used her 2001 Saab to go to Atlantic City.

Unfortunately, the victims were not wearing seat belts. According to the PA Department of Transportation, the combination of lap/shoulder seat belts, when used, reduces the risk of fatal injury to front seat passenger car occupants by 45% and the risk of moderate-to-critical injury by 50%. In fact in 2008, there were a total of 1,468 traffic deaths and 322 of those people would have survived if they had worn their seat belts.

If you or a loved one has been injured in an auto accident, the Philadelphia traffic accident lawyers at Cherry, Fieger, and Marciano will review all relevant facts to assist in determining which party was at fault and who should assume responsibilities. Cherry, Fieger, and Marciano have years of experience representing Pennsylvania vehicle accident cases. Some factors that may be of importance during this process may include road conditions, weather conditions, the condition of the vehicles involved (i.e., faulty or defective auto parts), and whether or not alcohol or drugs were involved. They offer a free consultation with an experienced lawyer.

Posted On: July 23, 2010

Patient Dies of Medication Overdose Due to Hospital Negligence

According to this article on Maineville.com, a Mayo Regional patient received 10 times the needed epinephrine.

The article reported that Timothy Harvey, 51, went to the hospital’s emergency room on June 4. He was suffering from an allergic reaction and died early the next morning from a massive overdose of medication mistakenly administered by hospital staff.

The hospital’s CEO said it takes full responsibility for this situation.

The middle-aged man went to the emergency room on June 4, with symptoms of an acute allergic reaction that included facial swelling and some thickening of the tongue. He had eaten seafood about an hour earlier that evening but had no prior known seafood allergy.

The patient was given 0.3 milligrams of epinephrine, an appropriate amount, and the patient showed signs of improvement. While he was being held for observation, some of his earlier symptoms recurred and he was given a second dose of epinephrine. It can be re-dosed in the same amount as often as necessary to address a patient’s symptoms. However, the second dose was too large.

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Posted On: July 21, 2010

PA Pedestrian Accident Involving Pickup Kills 79-Year-Old

On July 9, an elderly pedestrian was struck and killed by a pickup truck in western Pennsylvania. According to this article on Philly.com, a 79-year-old man was struck as he was crossing a city street. He died of blunt force trauma.

The man lived at an assisted living center in Altoona, PA.

The article did not report if the 28-year-old man driving the pickup was injured.

Pedestrian accidents account for 9.7% of all traffic crash deaths, according to the PA Department of Transportation. Elderly pedestrians, although involved in fewer pedestrian crashes, are more likely to be killed if struck by a moving vehicle. Twenty-six pedestrians over the age of 75 died in 2008. And, 69% of all pedestrian deaths that year were males.

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Posted On: July 20, 2010

Electrician Working at Disney Complex in Florida Dies

An electrician working at Disney’s ESPN Wide World of Sports Complex in Florida died after being seriously injured while installing a temporary transformer. According to this article, the 50-year-old man of Davenport, FL was pronounced dead shortly after arriving at a hospital.

The man worked for Buena Vista Construction Company. Disney said he was installing the transformer to supply power to a tent that was under construction.

The Occupational Safety and Health Administration is investigating the wrongful death work accident.

According to Environmental Health and Safety Today, electrical fatalities were the second leading cause of on-the-job deaths from 2003-2007. Electrical fatalities involve workers coming in contact with wiring, transformers or other electrical components. This type of workplace accident seems to happen more often to an employee whose job routinely involves working with electrical components, such as an electrician or contractor.

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Posted On: July 19, 2010

Philadelphia Hit-and-Run Accident Kills Female Cyclist

On July 11, a 24-year-old Wissinoming woman riding a bicycle was killed by a hit-and-run driver. A 39-year-old Frankford man has been charged in the hit-and-run. According to this article on Philly.com, he was drunk, unlicensed, and driving a black Ford Taurus that did not belong to him when he struck the cyclist. The accident happened at Torresdale and Adams Avenues in Frankford.

The female cyclist died later at Hahnemann University Hospital in Philadelphia. The Taurus was found abandoned near the scene. The driver was charged with homicide by vehicle, driving under the influence, leaving the scene, and other related offenses.

The Pennsylvania Department of Transportation reported that there were 8 bicyclist deaths and 1,419 injuries in 2008. Three of those deaths were people in the age range of 20-24. In the age group of 20-34, there were 349 injuries. The majority of PA bicycle deaths and injuries occur at intersections.

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Posted On: July 16, 2010

Two Tourists Killed in Philadelphia Duck Boat Tragedy

The Philadelphia Inquirer reported that the Ride the Ducks boat tour company suspended tours nationwide after one of its amphibious boats caught on fire before being hit by a barge and sinking on the Delaware River on July 7. The boat accident in Philadelphia killed two tourists from Hungary.

Dozens of duck boats tours are offered each day in several U.S cities. They are a popular Philadelphia tourist attraction and are based on amphibious WWII boats capable of land and sea travel. The boat involved in the PA boating accident suffered mechanical trouble and a small fire shortly after entering the water with a full load of sightseers. The 2-man crew had radioed for help and passengers were awaiting rescue when the huge barge hit them.

The Philadelphia Inquirer mentions that the passengers had to quickly secure lifejackets and abandon ship before the barge hit. The Inquirer also reported that the barge is owned by the city, but operated by a contractor, and hauls sludge to a Water Department recycling plant. It was being directed by a tugboat owned by K-Sea Transportation Partners. The tugboat crew said it was unaware of the Duck boat in its path.

The Ride the Ducks company is owned by Herschend Family Entertainment. In 1999, a duck boat sank in Arkansas after a bilge pump failed. Thirteen people aboard died in that accident.

The NTSB is investigating the cause of the Philadelphia duck tour boat accident and whether owner and/or operator negligence played a part in the duck boat’s failure to operate prior to the collision or the collision with the tug-barge combination. They are also investigating why the tugboat did not station a crew member as a lookout on the barge.

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Posted On: July 15, 2010

Deadly Schuylkill Expressway Wrong-Way Crash by State Police Officer Involved Alcohol

A male state police corporal who died in a wrong-way crash on the Schuylkill Expressway had a blood-alcohol level three times the legal threshold for intoxication at the time of the Philadelphia drunk driving accident on June 16. According to this article in The Philadelphia Inquirer, his blood alcohol was measured at 0.27 percent. He was severely intoxicated when he steered his gold Honda Accord West into the eastbound lanes and struck a Mercury Marquis driven by a 23-year-old female.

The female motorist is recovering from surgery for leg injuries. The male corporal was killed in the crash, which police described as “nearly head-on.”

The corporal had another drunken-driving charge against him from a Dec. 21 incident, in which his Honda rolled to a stop against a guard rail in the median strip of Route 422. He completed 30 days of alcohol rehabilitation and had been accepted into a court program for first-time offenders.

According to the National Highway Traffic Safety Administration, there were 534 fatalities in Pennsylvania in 2008 caused by alcohol-related traffic accidents. Statistics showed 90% of the alcohol-related occupant deaths (drivers and passengers) were in the vehicle driven by the drinking driver; 75% were the drinking drivers themselves. On an average each day, 1.5 persons were killed in alcohol-related traffic crashes.

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Posted On: July 14, 2010

Atco Bar Responsible for Woman's Death in Drunk Driving Car Crash

The Atco, New Jersey bar that served a man involved in a 2007 drunken-driving accident was found to be primarily responsible for the death of a woman from Voorhees, NJ. According to this article in the Philadelphia Inquirer, a jury awarded the victim’s family $15 million in May.

The male motorist was 25 percent to blame and Racks Bar & Grill was 75 percent responsible for the hit-and-run accident that killed the woman.

An attorney for her husband said he would seek to have the bar pay the $15 million. Under state law, a party may be required to pay an entire judgment if found to be 60 percent or more at fault in an accident.

The drunk driving accident happened on April 20, 2007, as the couple was headed home from a Hammonton, N.J. diner. The 45-year-old woman was a passenger on the 1999 Harley-Davidson motorcycle that her husband was driving west on the White Horse Pike.

The male drunk driver pulled in front of the couple from the strip mall where Racks is located. The motorist failed to stop and was later pulled over in Winslow Township, NJ. His blood alcohol content was 0.10.

The drunk driver had been at the bar for almost four hours and his blood-alcohol level was 25 percent over the legal definition of drunkenness when he was served his last drink. A toxicologist testified that the man had between six and eight beers in 21/2 hours.

New Jersey bars and restaurants can be held liable under dram shop laws if they serve a visibly intoxicated patron who gets into an accident.

The husband had four operations following the accident and his wife was taken off life support seven days after the crash.

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Posted On: July 13, 2010

Glenolden Motorcycle Crash Kills Ridley, PA Man

On July 2, a 24-year-old Ridley Township man died from injuries suffered when his motorcycle collided with a pickup truck towing a boat on a trailer July 1. According to the Delaware County Times, the motorcycle crash in Pennsylvania occurred about 9:45 p.m. at MacDade Boulevard and Gardner Avenue. The names of the motorcyclist or the 54-year-old man operating the pickup truck were not released.

The article said that the motorcycle was traveling southwest on MacDade when the truck turned into the intersection, to enter Gardner Ave. The motorcyclist struck the boat trailer and was thrown from the bike.

The motorcyclist died Friday, the day after the accident.

The National Highway Traffic Administration (NTHSA) estimates that 4,000 deaths and around 76,000 injuries take place every year due to motorcycle accidents. The Pennsylvania Department of Transportation reported that in 2008 in Pennsylvania, there were 237 motorcycle riders killed. NTHSA also has reported increasing numbers of motorcycle deaths associated with alcohol-impaired driving in recent years.

The family of the motorcyclist who died would be well advised to contact experienced attorneys who understand the severity of Philadelphia motorcycle accidents and their life-changing effects. The PA motorcycle collision lawyers at Cherry Fieger & Marciano, LLP offer free consultations to injury victims and family members of wrongful death victims. Please contact us today.

Posted On: July 12, 2010

10 Killed in Holiday Weekend Crashes in Pennsylvania

According to Pennsylvania State Police, 10 people were killed and 361 were injured in 712 crashes investigated by troopers across PA over the four-day Fourth of July travel period. The Patriot-News, reported that 72 of the crashes were alcohol-related, including three of the fatal crashes. Over the four days, troopers arrested 339 persons for driving under the influence.

In 2009, 9 people died over the three-day Fourth of July weekend and 206 people were injured in 447 crashes investigated by troopers.

According to the National Highway Traffic Safety Administration, drinking and driving remains a top safety issue in Pennsylvania. In 2008, there were 12,752 alcohol-related crashes and 534 fatalities caused by alcohol-related traffic accidents.

Statistics showed 90% of the alcohol-related occupant deaths (drivers and passengers) were in the vehicle driven by the drinking driver; 75% were the drinking drivers themselves. On an average each day, 1.5 persons were killed in alcohol-related traffic crashes.

In 2008, 14% of all holiday crashes involved alcohol use; however, 44% of deaths, which occurred during holiday weekends were related to alcohol use.

Anyone involved in an alcohol-related auto accident would be well advised to contact an experienced Philadelphia auto accident attorney familiar with Pennsylvania dram shop laws.

The skilled PA car accident lawyers at Cherry Fieger & Marciano, LLP have the experience and knowledge that are necessary to represent clients involved in even the most complex car accident cases. When preparing your case, our skilled team of attorneys will review all relevant facts to assist in determining which party was at fault and who should assume responsibilities. Some factors that may be of importance during this process may include road conditions, weather conditions, the condition of the vehicles involved (i.e. faulty or defective auto parts), and whether or not alcohol or drugs were involved. Contact us today for a free consultation and to learn more about your legal rights.

Posted On: July 9, 2010

Delaware River Duck Boat Wreckage and Bodies of 2 Victims Retrieved

It has been a grueling last few days for the family members of the missing tourists of the Philadelphia duck boat barge collision. Philly.com reports that police believe they have found the bodies of both passengers who were killed in the Delaware River boat accident. A recovery vessel pulled the wreck of the duck boat from the bottom of river and the body thought to be the missing 20-year-old Hungarian tourist came to the surface as a tugboat towed away a recovery barge on the afternoon of July 9. The body of the missing 16-year-old Hungarian girl was retrieved earlier in the day before efforts started to retrieve the sunken duck vessel.

The tragic boating accident occurred just two days ago on July 7 when an unmanned barge collided with the duck tour boat, causing it to sink. Before the accident, a small fire broke out on the tourist vessel, causing it to come to a halt and wait for assistance.

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Photo courtesy of Philadelphia Inquirer

As the National Transportation Safety Board still conducts its investigation of this devastating boating accident in Philadelphia, they will be examining possible protocol violations and the condition of the vessels. Investigators will also evaluate videos from cameras and recordings of radio transmissions in addition to interviewing survivors of the collision.

Continue reading " Delaware River Duck Boat Wreckage and Bodies of 2 Victims Retrieved " »

Posted On: July 8, 2010

2 Still Missing after Barge and Duck Tourist Boat Collide in PA

Almost 24 hours after a barge collided with an amphibious tour boat in Philadelphia, rescue workers continue to search for a 16-year-old girl and a 20-year-old man who are still missing. The New York Times reports that these missing individuals may be part of a tour group from Hungary.

As the Coast Guard still actively searches the river for the two people who have yet to be found, investigators from the National Transportation Safety Board are working to determine the cause of the barge crash.

The duck tourist boat accident in Philadelphia occurred when a barge struck the vessel, capsizing it and sending its 37 occupants into the Delaware River. Several people rushed to help rescue tourist boat passengers who were in a state of panic as they bobbed in the river.

The accident occurred at Penn’s Landing, which is a popular waterfront district in Pennsylvania. Before the crash took place, a fire on the small tourist vessel caused it to shut down. As the boat waited for assistance, it was struck by the unmanned barge and sank right away.

Boating accidents are entirely preventable. When operators of boats are improperly licensed or trained, or simply fail to fulfill their duty of driving a water vessel safely, collisions can occur and seriously injure innocent people. Boat passengers who are fortunate enough to survive a PA boating accident may have a long road to recovery ahead. Skilled Philadelphia boat accident lawyers help injured individuals hold negligent parties accountable so that full and just compensation can be obtained.

If you or a loved one has been injured in a duck tourist boat accident, barge collision, or another watercraft incident, the Pennsylvania boating crash attorneys at Cherry Fieger & Marciano, LLP await your call. Our knowledgeable injury lawyers have years of experience helping boat accident injury victims receive compensation for medical bills, loss of wages, pain and suffering, and other damages. Call us today at 888-684-7192 for a free consultation and to learn more about your legal rights.

Posted On: July 8, 2010

Pennsylvania Car Accident Statistics

Here are some interesting statistics recorded by the PA Department of Transportation in 2006 regarding car crashes in the state of Pennsylvania. The report’s statistics are based upon reportable accidents, or any accident that was reported by the police. 1,300 Police Departments in Pennsylvania provide the Department of Transportation with this information. The report given cannot account for unreported accidents, which unfortunately leaves some accidents unaccounted for.

According to a 2006 report from Pennsylvania Department of Transportation, there are 67 counties made up of 2,500 municipalities in the state of Pennsylvania that are connected by over 120,000 miles of roads and interstates.

According to information gathered from the Pennsylvania Department of Transportation, there were 128,342 reportable vehicle accidents in the year 2006. The department stated that along with the almost 130,000 accidents, there were 96,597 people injured, and 1,525 people killed. Despite these numbers, the number of reportable crashes has been its lowest in the last five years according to the Department’s report. This means that on average, 15 reported accidents occurred per hour, and about 352 reported accidents occurred each day. Of these car accidents in Pennsylvania, there were 265 people injured each day, at about 11 people per hour. Four fatalities occurred each day, or one every six hours.

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Posted On: July 7, 2010

Barge Pulled by Tugboat Sinks Tourist Vessel in Philadelphia

On July 7th, 2010, an 800-foot long barge being pulled by a tugboat in the Delaware River collided with an amphibious tourist boat, causing it to overturn, consequently casting the 37 people onboard into the water. Two passengers are missing - a 16-year-old girl and the 20-year-old man - and nine people are being treated for minor injuries, according to a New York Times article. Numerous boats from the Coast Guard and both the Philadelphia police and fire departments rushed to rescue tour boat passengers soon after the collision took place. Within the first hour of the boating accident, 35 passengers were retrieved.

While a search has already begun for the submerged tourist vessel, at the time of the article’s release, state and federal investigators were on their way to begin an investigation of the Philadelphia boating accident. So far, investigators know that the tourist boat had stalled on the river after a fire broke out onboard and that the barge that struck the boat had been left unmanned and unmotored. Four tourist boat passengers have been transported to Hahnemann University Hospital where physicians are evaluating their conditions.

Tragic boating accidents similar to the Philadelphia barge tour boat collision should never occur in the first place. Boating collisions can lead to serious injuries and even death, especially when large vessels like barges collide with smaller boats. It is during such challenging times that boating accident victims and their families can rely on Philadelphia boating accident lawyers who have the experience necessary to successfully obtain compensation from negligent parties.

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Posted On: July 7, 2010

Common Birth Injuries

Having a baby is often a joyous event, however, complications may arise, causing lifelong defects and other issues that may affect an infant’s ability to grow and enjoy life fully. Birth injuries are caused by a number of reasons, including the baby’s position or size during labor as well as the possibilities of gestational diabetes and premature or prolonged labor.

Many birth injuries in Pennsylvania are minor. According to the Lucille Packard Children’s Hospital, some common birth injuries include bruising from forceps, fractures during labor and delivery, facial paralysis (often caused by the use of forceps) and caput succedaneum, or severe swelling of the soft tissue of the babies scalp. Some of these conditions may heal within a matter of weeks or months, while others can last a lifetime.

There are some cases where babies are born with serious defects such as cerebral palsy, traumatic brain injury (TBI) or Erb’s palsy. These injuries can affect the child’s cognitive functions, memory, personality and muscle control. These conditions can greatly decrease an infant’s quality of life as well as incur costly medical bills and can even cause psychological damage to family members involved.

If your infant has suffered one of the above birth injuries, you may be entitled to recover compensation for medical bills and other financial losses incurred as a result of your child’s condition. Many parents do not realize that doctors can sometimes be held liable, if negligence or failure to diagnose can be proven. Medical professionals have a responsibility to their patients. The experienced Philadelphia birth injury attorneys at Cherry, Fieger & Marciano can help you understand your rights and file a claim. Call today for a free consultation at 1-888-684-7192.

Posted On: July 6, 2010

Southampton Township Two Car Crash Proves Fatal

According to an article found on Public Opinion, a fatal accident occurred on Monday, June 21 in Southampton Township Pennsylvania. The Pennsylvania state police reported that the accident involved two vehicles and occurred at the intersection of Thornwood and Orrstown Road at approximately 12:10 p.m. The man that was killed in the accident was driving his 2009 Jeep Wrangler southbound down Thornwood when he failed to stop at the intersection of Orrstown and Thornwood. After failing to stop, he entered the path of another vehicle heading westbound down Orrstown striking the vehicle at a deadly speed. The man was thrown from the vehicle and pronounced dead on the scene by the Franklin County deputy coroner. It was determined by the police that the man was not wearing his seatbelt.

The information above is another reminder of the devastating effects that an accident can have on your life and the lives of your family. Automobile accidents in Pennsylvania can have deadly consequences due to the combination of the massive weight of the vehicles involved and the speeds at which those vehicles are being operated. In a split second your life can be changed forever. If you or someone you love has been involved in an accident causing debilitating personal injury, you must seek help in obtaining the compensation that you deserve for your suffering.

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Posted On: July 2, 2010

PA Industrial Accident Leaves Two Employees Seriously Injured

An article released by CentreDaily.com stated that two employees working with the Ultra Resources well in Pennsylvania were seriously injured when a pipe coupling fell apart above them. The men were performing their normal duties when the coupling came apart sending metal debris flying everywhere. One man was struck in the head by a metal piece from the coupling and the other man ended up with broken ribs after being struck by metal debris as well.

Injuries suffered due to construction work can lead to months, if not years of rehabilitation and are often the most complicated cases to handle. Any worker who has sustained injury in Pennsylvania while on duty or in the course of performing duties required by their title can file a Philly workers’ compensation claim.

Companies in Pennsylvania are required by law to have PA workers compensation insurance which covers employee injuries due to work related accidents, illness caused by working conditions, as well as injuries resulting in death. Employers must provide adequate medical coverage, compensation for lost wages, and death benefits. It is when a company denies the proper amount of coverage necessary or when a “third party” is involved that you may take your claim.

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Posted On: July 1, 2010

CPSC Warns of Fireworks Injuries During Fourth of July

With the Fourth of July just around the corner, several Pennsylvanians have already begun celebrating with fireworks and other devices. While a patriotic spirit is to be encouraged, far too many citizens overlook safety when utilizing these potentially dangerous objects. A new study by the U.S. Consumer Product Safety Commission (CPSC) reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.

Consumers below the age of 20 are the most prone to fireworks injuries; however, the risk of serious injury or even death still exists for anyone within close proximity of fireworks or other apparatuses. Some common fireworks injuries and hazards include:

  • Loss of limbs
  • Burn injury to the hands, face and head
  • Lacerations
  • Residential fires
  • Wrongful death

Parental supervision is essential when legal fireworks are being used. Never allow young children to set-off or play with fireworks or other gadgets. It is also important to never throw or point fireworks at another individual. To learn more about how you can help prevent serious injuries related to fireworks this Fourth of July holiday, please refer to the CPSC’s website for consumer fireworks safety tips.

At Cherry Fieger & Marciano LLP, our Pennsylvania personal injury attorneys cannot stress enough the importance of consumer safety during the Independence Day holiday. Take every necessary precaution to keep your loved ones safe.