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Monthly Archives: July 2015

Jul 29, 2015 - Drunk Driving Accidents

CAN I SUE A BAR FOR CONTRIBUTING TO MY DRUNK DRIVING ACCIDENT?

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Drunk Driving Accidents on Wednesday, July 29, 2015. One of the worst aspects about drinking and driving accidents is that they are completely preventable. When people take the step to consume alcohol before getting behind the wheel, they are making a purposeful choice. Pennsylvania law is clear that any driver with a blood alcohol concentration beyond 0.08 is considered legally impaired and not permitted to drive. One of the problems with the so-called “legal limit” for alcohol is that sometimes it can become difficult for bar owners, restaurant staff or other individuals who serve alcoholic beverages to know when a patron is beyond the legal BAC. The reason why that is important is because Pennsylvania recognizes the Dram Shop Act. These laws make it illegal for bartenders, servers and other alcohol licensees to sell beverage alcohol to minors and to customers who are visibly intoxicated. In fact, under the dram shop laws, victims who have been injured by an overserved customer in a DUI accident can sue the individual employees or owners of an establishment if they sold alcohol to a visibly intoxicated person or if they sold alcohol to a minor. There are a few things you should know if you have been injured by someone who may have been physically intoxicated before they left a bar, nightclub or restaurant. It may be difficult to establish whether a person was clearly drunk prior to getting into their […]

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Jul 23, 2015 - Truck Accidents

FREAK ACCIDENT INJURES 1 AFTER TRUCK CRASHES INTO HOME

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Truck Accidents on Thursday, July 23, 2015. On the morning of July 22, officials in Mercersburg, Pennsylvania, reported a rather odd accident involving a commercial tractor-trailer and a house. According to Pennsylvania State Police and members of the Franklin County Emergency Services, a semi-truck traveling near the Foot of the Mountain restaurant somehow lost control and ended up crashing into a home in the 14500 block of Buchanan Trail West. At least one person received a minor injury in the 7:35 a.m. crash, prompting officials to speculate that the roadway would be temporarily closed for several hours. There are a few things you should know if you have been injured due to a preventable trucking accident. One of the most critical aspects of any large tractor-trailers is its ability to stop. Semi-trucks rely on air brakes as their principal means to decrease their speed. Although some drivers will claim that their brakes failed at a critical moment, these industrial air brakes are designed with multiple redundancies and rarely experience a complete loss of their braking power. More commonly, the trucking companies who own the vehicles are often at fault for overlooking or simply disregarding necessary periodic brake inspections and maintenance. One of the telltale indicators of this type of negligence is brake imbalance. In these types of cases, forensic truck crash experts can spot poor maintenance based on whether there are substantial differences in the brake force applied […]

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Jul 16, 2015 - Pedestrian Accidents

SECURING YOUR FUTURE AFTER YOUR AUTO-PEDESTRIAN ACCIDENT

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Pedestrian Accidents on Thursday, July 16, 2015. There’s something remarkably egalitarian about walking. That is probably because at some point each day every one of us will become a pedestrian. This holds true whether you are the chief executive officer of a Fortune 500 company or a humble operator of a home business. At some point, each of us will leave the safety of our homes and vehicles and begin relying on traffic signals, crosswalks and the attentiveness of motorists to keep us out of harm’s way. Unfortunately, many operators of trucks, cars and SUVs have difficulty remaining vigilant about spotting pedestrian travel. This is especially true in locations such as parking lots, underground garages and even in drive-through lanes at fast food restaurants. In a previous article on our blog, we discussed how Pennsylvania puts the onus of responsibility on drivers whenever pedestrians have the proper right-of-way. A good example of that can be found in unmarked crosswalks. The law presumes that a pedestrian has the right-of-way when crossing at an intersection that does not contain marked crosswalks. Another example might be a vehicle backing out of a residential garage before striking a pedestrian. Generally, the law would favor the pedestrian if he or she was traveling along a sidewalk that adjoined the driveway of that garage. The logic of granting pedestrians right-of-way in many situations is based largely on the inherent disparity in size and weight […]

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Jul 10, 2015 - Car Accidents

CAN I GET PAIN AND SUFFERING DAMAGES FOR MY CAR ACCIDENT?

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Car Accidents on Friday, July 10, 2015. Pennsylvania laws regarding motor vehicle insurance are like making a deal with the devil. The decisions you make when buying car insurance could have lasting repercussions for the rest of your life. Basically, consumers face two choices when purchasing car insurance: full tort insurance and limited tort insurance. Tort is a fancy legal term that refers to a wrongful or negligent act. Essentially, when motorists choose to purchase full tort car insurance they are also buying the right to sue for additional damages if they are injured in a car accident. Alternatively, motorists purchasing limited tort car insurance are barred from suing wrongful or negligent parties for their pain and suffering. This can be important to you for several reasons, but especially if you have experienced additional adverse effects after your car accident. A good example of this might be the humiliation or embarrassment you may feel as a result of a limb that required amputation after your accident. Or perhaps the burns and scarring you suffered from your car accident has caused you to stay at home all of the time, frozen with anxiety about going out in public. Another type of so-called “noneconomic loss” is known as a loss of consortium. Basically this type of damage centers on how your spouse or children might have been affected by your accident. For example, your children may have lost the guidance […]

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Jul 1, 2015 - Premises Liability

CAN SUBSTANDARD HOUSING GIVE RISE TO PREMISES LIABILITY CLAIMS?

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Premises Liability on Wednesday, July 1, 2015. Premises liability is a field of legal practice that encompasses the duties that landowners have to whomever sets foot on their properties. Basically, landowners must exercise reasonable care to ensure that their properties are free of potential hazards to visitors, customers, tenants, people soliciting goods and services, vendors and even trespassers. It is generally understood that the relationships between landowners and the people coming onto their properties directly affects the amount of care they should be liable for in situations involving injury accidents. For example, the owner of a car dealership would likely owe a higher level of duty to prevent customers from slipping and falling on an oil puddle than they would owe to trespassers attempting to steal vehicles. The three basic tenants that every property owner should remember about premises liability are: inspect, correct and warn. Put simply, landowners should actively seek out potential hazards and either remove them from their properties or warn visitors about those potential dangers. A good example of this can be found in situations where negligent landlords unnecessarily place their tenants at risk of harm. Exposing tenants to the hazards of chipping lead-based paints or failing to ensure that rental properties contain adequate fire suppression devices are two good examples of things that could potentially give rise to premises liability lawsuits. Pennsylvania law allows injured victims to sue property owners for much more than […]

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