Resources

Monthly Archives: December 2014

Dec 24, 2014 - Truck Accidents

SAFETY ENFORCEMENT A PROBLEM IN MANY PENNSYLVANIA TRUCK ACCIDENTS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inTruck Accidents on Wednesday, December 24, 2014. As any Pennsylvania motorists can attest, our roadways serve as an important corridor for commercial tractor-trailers. Pennsylvania’s proximity to the grain belt of the Midwest as well as the hyper-populated cities of the Eastern Seaboard practically guarantees a constant flow of semi-trucks throughout the state. The problem is that many of these commercial big rigs are not in compliance with federal and state safety regulations. In fact, the Federal Motor Carrier Safety Administration estimates that one out of every six trucks on the road may fail to pass safety inspection to the point to where they would be considered unsafe for service. The traffic safety accident numbers reveal a grim pattern of neglecting safety standards. Since 2009, an estimated 14,000 people have been killed in accidents associated with semi-trucks. Some safety advocates estimate that perhaps a quarter of those fatalities involve vehicles with prior safety violations. One survey of truck safety looked at national truck accident statistics and compared the rate of truck accidents per every million miles traveled. New Jersey was found to have the worst accident rate: 0.53 crashes for every million miles of commercial tractor-trailer traffic. Although Pennsylvania was closer to the bottom of that list, we still came in with an incident rate of 0.18. Safety experts point to the irregularity of truck safety enforcement as a major contributing problem. For example, safety officials in Texas may […]

Read More

Dec 18, 2014 - Wrongful Death

WHO IS ENTITLED TO SUE IN A PENNSYLVANIA WRONGFUL DEATH LAWSUIT?

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Wrongful Death on Thursday, December 18, 2014. A wrongful death occurs in Pennsylvania when a person is accidentally killed by the negligent, wrongful or unlawfully violent actions of another. Pennsylvania’s Wrongful Death Act and Survival Act contain many provisions but arguably the most notable one is that they allow the victim’s family and “personal representative” to sue those individuals responsible for the premature death of their loved one. More specifically, the right to sue on a wrongful death action is extended to the victim’s spouse, children, parents or a person identified as the. There are also no state residency requirements for these beneficiaries to file their claims. Another interesting component of the Wrongful Death Act is that it also contains a provision for situations where the decedent had no surviving beneficiaries. In those rare cases, the law allows an individual known as a “personal representative” to file a claim on behalf of the decedent’s estate if no other family members have been identified within six months of the wrongful death. That personal representative is entitled to sue for damages associated with the reasonable hospital, nursing, medical and funeral expenses incurred as a result of the decedent’s wrongful death. Generally, this action will be to recover money spent while trying to keep decedents alive before they ultimately succumbed to their injuries. Imagine a case where a motorist who was struck by a drunk driver lived for a decade […]

Read More

Dec 11, 2014 - Motorcycle Accidents

INCREASED LIABILITY IN PENNSYLVANIA IMPAIRED MOTORCYCLE ACCIDENTS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Motorcycle Accidents on Thursday, December 11, 2014. As stated in a previous web post, Pennsylvania allows motorists to choose their preferred method of insurance based on the so-called “tort option”. Under this scheme, motorists with full tort car insurance can recover compensation for their bodily injuries even if they are not seriously injured. Whereas, motorists with the limited tort style of car insurance are essentially limited to recovering money associated with their medical costs and treatment only if they have been seriously injured in an accident. Pennsylvania motorists and motorcyclists should know that there is one huge exception to that rule. The Commonwealth now allows victims injured by drunk or drugged drivers to sue those responsible for their bodily injuries regardless of which type of insurance they were carrying at the time of the accident. According to the Pennsylvania Department of Transportation, in 2013 there were 860,377 individuals licensed to operate motorcycles on Pennsylvania roads. In that same year, there were 405,209 motorcycles registered throughout the Commonwealth. The chances are likely that with so many motorcycles and licensed drivers on the roads, at least a few of those will fall victim to motorists impaired by drugs or alcohol. Our law firm has over 30 years of experience in providing for our client’s legal needs since 1985. We currently maintain law offices in Doylestown, Allentown, Easton and Stroudsburg although we represent clients in personal injury cases throughout Pennsylvania and […]

Read More

Dec 3, 2014 - Pedestrian Accidents

SOME IMPORTANT FACTS ABOUT AUTO-PEDESTRIAN ACCIDENTS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Pedestrian Accidents on Wednesday, December 3, 2014. Each of us becomes a pedestrian at some point of every day. Regardless of whether we drive a brand-new Ferrari or a dilapidated minivan, most of us will eventually have to park our vehicle and get out and walk. As pedestrians we are exceptionally vulnerable to the motorists around us. Whether walking to the front door of a grocery store, or using a crosswalk at a major intersection, when we travel on foot we depend on the vigilance and driving abilities of others to avoid serious injuries and death.In 2012, the National Highway Traffic Safety Administration conducted a national survey of auto-pedestrian accidents. The following are some of the most interesting statistics NHTSA compiled: –In 2012, at least 4,743 pedestrians were killed by motor vehicles and another 76,000 suffered some form of injury. The number of fatalities reported in 2012 represented a 6 percent increase from the previous year. Interestingly, there have been roughly the same amount of pedestrian fatalities each year since 2003, about 4, 500 plus or minus a few hundred. Between the years of 2003-2012 the lowest amount of pedestrian deaths occurred in 2009 with only 4,109 killed. The year with the greatest number of traffic fatalities was 2005 with 4,892 pedestrians killed. –According to the study, pedestrians living in urban environments are much more likely than their rural counterparts at experiencing a fatal accident. At least 73 […]

Read More

nbta badge super lawyers badge avvo badge rising star badge Million Dollar Advocates Forum Peer Review Rated paaj champion badge NAOPIA
Drake, Hileman & Davis

Get Answers to Your Questions

Let's determine if you have a case.