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Monthly Archives: August 2016

Aug 29, 2016 - Wrongful Death

THE WRONGFUL DEATH OF A ‘VIABLE’ FETUS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inWrongful Death on Monday, August 29, 2016. There is precedent in Pennsylvania for a lawsuit revolving around a stillborn fetus, as the unborn child’s death was said to be caused by a car accident. The case in question was Gullborg v. Rizzo. It established a precedent within the state for how wrongful death cases after car accidents can proceed. However, other cases have not always followed the precedent. In one case, a doctor was operating on a woman who was pregnant, and the child passed away. The family tried to sue under the same precedent and lost, as the case was said to be different. This shows just how tricky the laws can be when looking at unborn children. There is, however, at least the precedent that a family could seek damages for the death of a child, even though he or she had not yet been born, as long as the child was referred to as a “viable fetus” — as happened in the case noted above. A “viable fetus” is one that would be able to live without being in the womb. For example, many hospitals consider a woman to be at full term at 37 weeks, and that child could usually live, though it may not be born until 40 weeks or later. Essentially, the court was saying that the child’s potential to be born and grow up was enough to count it, in some […]

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Aug 25, 2016 - Drunk Driving Accidents

DRUNK DRIVING LINKED TO REDUCTION IN NEUROTRANSMITTER FUNCTION

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inDrunk Driving Accidents on Thursday, August 25, 2016. Have you ever found yourself wondering why drunk driving doesn’t go away on its own? Everyone knows what a problem it is, everyone knows that it is illegal and yet it still happens. Across the country, someone is killed in a crash that is related to alcohol every 53 minutes. Surely any rationally-thinking person would know that drunk driving is too dangerous to participate in. But this isn’t how people think, the stats show. Some estimates have said that one out of each 2,000 trips down the road in the United States involves a drunk driver. That may sound like a small amount, but you can pass hundreds of cars on a 10-minute drive to the mall, so you can see how common this danger really is. One reason could be the reduction of function in neurotransmitters. These are the chemicals within the brain that help the brain communicate. It does so through electrical impulses, and they’re carried by neurotransmitters. Some examples of common neurotransmitters are adrenaline and serotonin. Serotonin is often linked with feelings of joy and happiness, while adrenaline is linked to risk and excitement. In any case, alcohol can actually interfere with brain function and the reaction of the neurotransmitters. When their functionality is inhibited, the brain does not carry out complex processes as it is meant to. This could be part of the reason that people […]

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Aug 18, 2016 - Pedestrian Accidents

HOW RUNNERS CAN AVOID CAR ACCIDENTS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted in Pedestrian Accidents on Thursday, August 18, 2016. For the avid runner, many hours are typically spent on the shoulder of the road, putting in mile after mile. This can create a fairly dangerous situation, as it only takes one negligent driver to cause an accident, and the prolonged — and consistent — exposure means runners are at a high risk. There are things that runner can do to avoid accidents, though, such as wearing bright clothing during the day and donning headlamps when running in the evening or the early morning. Some runners will also wear reflective vests. Many accidents happen when drivers just don’t see runners, so being as visible as possible makes a huge difference. It’s been said that vests increase visibility for a quarter of a mile, while headlamps increase it for a half a mile. Even at 60 miles per hour, that could buy you half a minute of visibility that would wouldn’t have otherwise. It’s also wise to be as predictable as possible. Run where drivers expect you to be, such as on the shoulder. Face traffic when you can. Cross when there is a light and a crosswalk. Don’t suddenly change your direction, especially without checking for cars. Try to avoid anything that would obstruct a driver’s vision, like a row of parked cars. Drivers have expectations about runners. If you do what you can to act the way they already expect, […]

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Aug 10, 2016 - Drunk Driving Accidents

SUSPECTED DUI DRIVER TURNS HIMSELF IN

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inDrunk Driving Accidents on Wednesday, August 10, 2016. Police think that a 30-year-old man from Pittsburgh wrecked his car because he had been drinking. A 21-year-old woman was killed in that accident when she was thrown from the car. The man has recently turned himself in to the authorities. The crash happened back in the first half of March, but the arrest warrant only recently was given out, prompting the man to cooperate with the investigation. The wreck itself happened on Penn Avenue in Point Breeze, in the 6800 block. The young woman initially survived and was taken to the hospital, but she passed away there. Her family described her as loving, caring and beautiful. As with other states, Pennsylvania has a blood alcohol concentration limit of 0.08. A blood test was done after the accident, and it was found that the man’s BAC was 0.12. He’s now facing multiple charges, with the most serious being DUI felony homicide by vehicle. Police said that the man’s car, which did not have the required lights, left the road and drove up onto a sidewalk. They said he was traveling at a high rate of speed, though the exact speed was not specified. He then ran the car into a utility pole, which is when his passenger was ejected and suffered the injuries that would eventually take her life. The families of those who are killed in DUI accidents know […]

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Aug 1, 2016 - Pedestrian Accidents

RISK FACTORS FOR PEDESTRIAN ACCIDENTS

On behalf of Peter Hileman of Drake, Hileman & Davis, P.C. posted inPedestrian Accidents on Monday, August 1, 2016. Accidents can’t be avoided entirely. Every year, pedestrian accidents take hundreds and hundreds of lives in the United States. For example, 4,735 people died in 2013 alone. Every two hours, a pedestrian was killed in a crash. On top of that, over 150,000 pedestrians ended up in the emergency room that year with injuries that were not fatal. Studies have shown that pedestrians are actually one and a half times as likely to die in a car crash on every trip than people in those cars. However, looking at the risk factors can help people take positive steps to reduce the chances of an accident. Consider the following: — Just under 20 percent of all of the people killed in these accidents were at least 65 years old. This same age group accounted for about 10 percent of those who were injured. — Young children are also in danger. For every five children under 14 who passed away in an accident in 2013, one was a pedestrian. — Alcohol is involved heavily in these accidents. It was noted in just under 50 percent of all deadly accidents. — The above does not just mean that drivers are drinking. In 34 percent of the deadly accidents, the pedestrian had a blood alcohol concentration over 0.08, which is the legal driving limit. While this is not illegal, it does show the involvement. What […]

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