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Monthly Archives: June 2015

Jun 25, 2015 - Wrongful Death

HOW BOATING LAWS CAN AFFECT YOUR WRONGFUL DEATH LAWSUIT

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inWrongful Death on Thursday, June 25, 2015. Getting out on the water is a popular pastime throughout Pennsylvania. There’s just something enjoyable about being outdoors and near the water on a sunny day. This is true regardless of whether you like to fish, dive, jet-ski, wakeboard or participate in any other water-related activities. Unfortunately, some of the people who share the waterways throughout the Commonwealth do not exercise reasonable care with regard to boating safety and how their vehicles might affect others. The following are some of the more important regulations regarding boating safety in Pennsylvania: — It’s illegal to operate a watercraft beyond the rate of speed that unnecessarily endangers the life or property of other people. Operating a watercraft negligently or with reckless disregard for others is unlawful. — All boats must observe no-wake zones and reduce their speed whenever they come within 100 feet of swimmers or downed water skiers. These restrictions also apply to individuals waiting in the water. A slow no-wake speed is generally defined as the absolute slowest that a boat can go without creating a sizable wake while still maintaining maneuverability. There are a few things you should know if you have lost a loved one due to a careless or negligent boat accident. Pennsylvania’s wrongful death statutes allows for the spouse, children or parents of a person killed by a negligent or wrongful act to sue all responsible parties. Obtaining […]

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Jun 19, 2015 - Drunk Driving Accidents

HIT AND RUN DEFENDANT CHARGED WITH DUI HOMICIDE

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Drunk Driving Accidents on Friday, June 19, 2015. On June 12, Harveys Lake police arrested a man suspected of being under the influence of alcohol during a fatal collision. The accident at the center of this arrest involves the vehicular killing of a 31-year-old woman from Factoryville, Pennsylvania. According to Luzerne County detectives, the victim was jogging along Lakeside Drive in Harveys Lake, Pennsylvania, on June 7, when the 50-year-old defendant struck her with his vehicle before fleeing the scene. The defendant is currently facing numerous charges, including homicide by vehicle while driving under the influence of alcohol and charges related to the duty to give information and render aid. According to court documents, the first lead police received was when they determined that a shattered headlight found at the scene of the accident belong to a Honda vehicle. Authorities immediately scoured the area looking for vehicles matching the description with damage to their front ends. Sometime after, they found a vehicle matching the description that also appeared to be stained with blood. After brief investigation, police located the defendant, who reportedly admitted to drinking and mentioned that he was lucky to have made it home. A subsequent test of his blood alcohol concentration level indicated he had BAC of 0.214. To put that into perspective, Pennsylvania considers a person impaired when their BAC reaches 0.08 percent. Due to the defendant’s four prior DUIs and other considerations, the […]

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Jun 11, 2015 - Pedestrian Accidents

HOLDING DRIVERS ACCOUNTABLE FOR PEDESTRIAN ACCIDENTS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Pedestrian Accidents on Thursday, June 11, 2015. The fact is that everyone is a pedestrian at some point each day. This is true whether you like to go for a jog in the morning or you simply have to walk through a parking lot after parking your car. One might think that this commonality between motorists and pedestrians would make drivers extra vigilant when operating near marked crosswalks and other pedestrian crossings at intersections. This is not always the case. This is even despite the fact that here in Pennsylvania drivers are required to yield the right-of-way to pedestrians who are attempting to cross a roadway while they are within any marked crosswalk. The same rules also apply for pedestrians crossing at intersections with unmarked crosswalks. Sadly, researchers with the National Highway Traffic Safety Association say that motor vehicles killed 4,743 pedestrians and injured 76,000 others in 2012. Even worse, NHTSA says that the average number of fatalities has remained fairly steady and hovered around 4,500 per year between the years of 2003 and 2012. Many people downplay the potential dangers pedestrians face for a number of reasons. Perhaps one of the most widely held beliefs is that children are more likely to be struck by cars while walking. Not true. According to NHTSA, the average age of a pedestrian killed by a car was 46 years old in its 2012 survey. The average age of a pedestrian […]

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Jun 4, 2015 - Truck Accidents

WHY DRIVER LOGBOOKS ARE IMPORTANT IN YOUR TRUCK ACCIDENT LAWSUIT

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inTruck Accidents on Thursday, June 4, 2015. Like any other industry, the commercial tractor-trailer freight hauling business can often be very competitive. Many truck companies, both here in Pennsylvania and throughout the country, struggle to keep their costs down while also turning a profits. Unfortunately, time equals money in the freight hauling business. This is especially true for tractor-trailers that haul perishable goods over long distances. It’s not uncommon for many of these drivers to feel pressured to work long hours and drive fast in order to make speedy deliveries. The federal watchdog tasked with promulgating safety within the trucking industry is the Federal Motor Carrier Safety Administration. The FMCSA has long known about the dangers of drivers becoming overly fatigued due to long hours. For that reason, federal regulations now exist that attempt to limit driver fatigue in several ways. Here are some of the more important aspects of those rules: — 14-hour day maximum when also driving. We often assume that a truck driver is only working when they are behind the wheel. Not so. For example, a freight hauler may need to re-secure their loads or perform other maintenance duties. However, the FMCSA puts a cap on a truck drivers total daily work hours at 14 consecutive hours. It’s important to know that this can only occur if the driver has previously been off-duty for at least 10 consecutive hours. — Rest breaks. Although there […]

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