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Monthly Archives: March 2015

Mar 24, 2015 - Drunk Driving Accidents

PROPOSAL TO CLOSE DRUNK DRIVING LOOPHOLE ANNOUNCED

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inDrunk Driving Accidents on Tuesday, March 24, 2015. According to statistics taken from 2013, alcohol-related crashes across Pennsylvania accounted for 32 percent of all traffic deaths. A new proposal offered by Pennsylvania State lawmakers is now aiming to change this by increasing the civil liabilities for drunk driving accidents. The proposal would amend the current limitations placed on drunk driving accident victims. The bill’s sponsor, Democratic Representative Gerald Mullery, wants to lift a crucial restriction for victims of drunk driving accidents under Pennsylvania’s current car insurance laws. In particular, Rep. Mullery wants to clarify language in existing laws which state that drunk drivers who are enrolled in accelerated rehabilitative disposition programs or convicted of drunk driving charges are liable for full financial penalties. Essentially, this means that the victim of a drunk driver, or the victim’s family, can sue the driver for full damages including pain and suffering. The lawmaker, who is also an attorney, indicated that he decided to champion the issue after a resident of his district informed him of a problem with the current laws. That resident reported that her family was restricted to the limited type of recovery against a drunk driver who had injured her daughter. Apparently, that driver died before he had the opportunity to enroll in an ARD program or receive a conviction for drunk driving. The State Representative’s new proposal would automatically entitle victims to sue for full compensation in […]

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Mar 20, 2015 - Truck Accidents

UNDERSTANDING THE ROLE OF TIRES IN YOUR TRUCK ACCIDENT LAWSUIT

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Truck Accidents on Friday, March 20, 2015. We’ve all heard the phrase “where the rubber meets the road” used to describe a crucial aspect of an endeavor. That phrase holds special significance when you consider that most commercial tractor-trailers operate with 18 tires as they travel along Pennsylvania roadways. Just like your personal vehicle, trucking company fleet managers and maintenance officials have to keep their vehicle’s tires rotated every so often in order to maintain proper alignment. Improperly aligned vehicles can produce uneven tread wear that can sometimes lead to potentially hazardous situations to other motorists. Your Pennsylvania trucking accident attorney will look for any sign of mechanical problems in a vehicle involved in your accident. Uneven tire wear can be an indicator that responsible parties may not have observed industry standards with regards to their vehicle and tire maintenance. For example, your attorney can often review vehicle maintenance logs and determine whether truck maintenance on suspension systems components such as leaf spring or shocks may have affected the tires’ tread wear. Your attorney can also determine whether the tires on the truck involved in your accident were unsuitable for the road’s surface. Truck tires with excessive tread wear patterns sometimes fail to provide sufficient traction for driving during adverse weather conditions. Trucks with excessive tread wear may also affect braking distance when tractor-trailers engage their brakes when traveling down steep inclines. If you have been injured by […]

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Mar 10, 2015 - Pedestrian Accidents

REPORT REVEALS INCREASE IN PENNSYLVANIA PEDESTRIAN ACCIDENTS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Pedestrian Accidents on Tuesday, March 10, 2015. Earlier this month the Governors Highway Safety Association disclosed that Pennsylvania pedestrian fatalities increased sharply in the first half of 2014. According to the national report, the number of pedestrian deaths nationwide remained steady for most other states except Pennsylvania during one crucial period. The Washington D.C.-based nonprofit found that between January through June of 2014 Pennsylvania experienced 74 traffic fatalities involving pedestrians. That number represents a substantial increase from the same timeframe in the previous year in which pedestrian accidents accounted for 53 deaths. That’s a 40 percent increase overall. A spokesperson for the GHSA was quick to point out that the numbers are still preliminary and the Pennsylvania Department of Transportation has not yet completed their 2014 statistics. However, a P-DOT spokesperson has indicated that the pedestrian fatalities numbers are expected to mirror 2012 numbers. In that year the department record 168 pedestrian deaths. The report also indicated that nationally pedestrian deaths are trending downward. This seems rather worrisome as pedestrian fatalities in Pennsylvania have increased in three of the past four years. National pedestrian fatalities recorded in 2013 listed a 37 percent drop in numbers since the statistic category began in 1975. In 2013 there were 4,735 pedestrian deaths nationwide. Some of the more interesting facts found in the statistics include the revelation that greater than two thirds of the pedestrian fatalities which occurred in 2013 happened during […]

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Mar 6, 2015 - Wrongful Death

NURSING HOME UNDERSTAFFING MAY GIVE RISE TO WRONGFUL DEATH CLAIMS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Wrongful Death on Friday, March 6, 2015. Pennsylvania recognizes that patients have a right to expect their health care providers to provide them with necessary and appropriate medical care. As patients, we rely on our health care providers to improve our overall health. We certainly do not expect them to make our conditions worse. When some people think of medical malpractice, they often imagine some horrible mistake that a surgeon makes during surgery. However, many malpractice cases are much more subtle. In fact, some instances of medical malpractice occur slowly over time in nursing homes or assisted living facilities rather than happening abruptly on operating room tables. Most facilities that look after the needs of the elderly and infirm do observe proper rules and regulations when providing care for their patients. Unfortunately, there are also some of these facilities that attempt to cut corners at the expense of their patient’s health. A good example of this is a case that occurred in August 2012, which involved the death of an elderly man at an Altoona, Pennsylvania assisted living facility. The victim’s surviving family members filed a wrongful death lawsuit against the facility. They alleged that the facility was grossly understaffed and therefore, not properly equipped to provide monitoring of the victim’s health. According to the complaint, the victim reportedly lost 14 pounds just after four days of entering the facility. The complaint also includes allegations of specific […]

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