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Monthly Archives: February 2017

Feb 27, 2017 - Car Accidents

Car Accident Essentials

When you are involved in a car accident, it can be difficult to know what to do next. Since 1985, the attorneys at Drake, Hileman & Davis, have been helping people successfully navigate through the post-accident process. Over the years, we have found that there are certain key steps which anyone can take to ensure personal safety, investigative thoroughness and ultimately justice. SAFETY FIRST Initially, it should be noted that the nature of your injury, as well as when and where the accident occurred may limit what you are able to do immediately following a collision. The circumstances of your accident will dictate a particular safety response or impose investigative limitations. Remember your safety and the safety of your passengers must be your primary concern. If the collision occurred on a multi-lane highway, especially at night, you should pull to the side of the road (right-side preferably). Remain in your vehicle, with your seat-belt on and your hazard lights flashing, until help arrives. Trying to exit your vehicle on a multi-lane highway is dangerous and can risk further injury. If, however, you smell or see smoke, then turn the engine off and find a safe way to exit your vehicle. Move as far away from your vehicle and oncoming traffic as safely possible, while you wait for help to arrive. It should be noted that many people believe that their vehicle is on fire, due to the white powder that is released, when air bags deploy. While this is startling, […]

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Feb 20, 2017 - Personal Injury

Railroad Crossing Liability

Railroad crossings are extremely dangerous.  An unloaded train can weigh hundreds of tons and the weight can increase significantly depending on the type of cargo being hauled.  Defects in crossing safety devices (such as the tracks, guards, warning signs, etc.) and human error can all lead to catastrophe.  Contact a Doylestown accident attorney today if you or a loved one has been injured or killed at a railroad crossing. Railroad Crossing Defects A railroad crossing is supposed to be a safe place for vehicles to cross railroad tracks without coming into contact with trains.  A properly functioning railroad crossing should indicate to vehicle drivers when it is safe to cross the tracks.  Crossings may have many different types of safety features, such as: Crossing Guards. Bars or gates that prevent the flow of traffic across a railroad are a common type of safety mechanism.  However, there are times when the crossing guard may become damaged or otherwise work improperly. Lights and Signs. Many railroad crossing have lights and signs to help assist vehicles safely across the tracks.  As with crossing guards, lights and signs can become damaged or work improperly creating a very dangerous situation. Contact one of the experienced personal injury attorneys at Drake, Hileman & Davis, PC if you or a loved one has been injured or killed at a railroad crossing due to crossing defects. Train Malfunctions Trains can travel at extremely high-rates of speed and carry incredibly large loads.  This makes them “speeding bullets” that can […]

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Feb 17, 2017 - Truck Accidents

Truckers and Unsecured Cargo

Trucks, and all other drivers, have a responsibility to secure all cargo being transported on public roadways.  Debris becomes extremely dangerous when falling from a vehicle, especially when the vehicle is traveling at a high rate of speed. Why is Unsecured Cargo Such a Concern? According to a report published by the AAA Foundation for Traffic Safety, debris falling from vehicles causes significant damage on our roadways each year.  The report found that: Loads of sand, gravel, soil, and building debris were cited as leading causes of damage. Loads being carried on short trips were of concern. This is because the time and effort required to properly secure a load was deemed less necessary for short trips. Incorrect loading of heavy goods, such as steel girders and pipes, was found to be especially dangerous for vehicle occupants, as a shift could catapult a load forward onto the cabin. The AAA Foundation for Traffic Safety report also found that unsecured cargo caused significant property damage, personal injury and even deaths every year. Contact us immediately if you or a loved one has been injured by unsecured debris that fell off a truck or other vehicle.  We can assist you through the entire legal process to ensure that you get the compensation that you deserve. What Should I Do if I Have Been Injured By Unsecured Cargo or Debris? Seek immediate medical attention if you have been injured in a vehicle accident of any kind.  A complete medical examination, conducted by a […]

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Feb 15, 2017 - Wrongful Death

Who Can Bring a Wrongful Death Claim?

A wrongful death claim is a serious matter that is brought by a person (or group) close to someone who has been killed by the intentional, negligent or reckless act of another.  If someone close to you has passed away in an untimely manner, we may be able to help.  Contact the attorneys at Drake, Hileman & Davis, PC today for a complete case evaluation. When is a Wrongful Death Claim Appropriate? A wrongful death claim is appropriate under many circumstances.  If a loved one has passed away due for any of the following reasons, then you may have a valid wrongful death claim. Negligence or Recklessness. If you’ve had a loved one killed by the negligent or reckless actions of another, then you may have standing to bring a wrongful death claim.  For example, you have a valid wrongful death claim where a loved one has passed away because of a car accident caused by an intoxicated driver. Intentional Acts. If a loved one has passed away due to the intentional acts of another you likely have a strong wrongful death claim.  For example, murder is the intentional taking of another’s life. Contact us today for a better understanding of when a wrongful death claim is appropriate. Who Can Bring a Wrongful Death Claim? A wrongful death claim is usually brought by the spouse or partner of the deceased.  However, a wrongful death claim may also be available to: Any minor living with the deceased (not their biological or […]

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Feb 10, 2017 - Personal Injury

Understanding Personal Injury Law

The personal injury lawyers at Drake, Hileman & Davis, PC have dedicated their careers to helping those who have been injured by others.  Contact us today if you or a loved one has been injured. What Are the Types of Personal Injury Law? There are many types of personal injury law.  This area of law is particularly complex and you should consult your personal injury attorney if you have any questions.  There are a several broad categories of personal injury law that we will discuss here. Negligent or Reckless Acts.  When someone acts without regard to the safety or wellbeing of others they have acted in a negligent or reckless manner.  Examples of negligent or reckless acts include: Operating a vehicle in a dangerous or unsafe manner (speeding, driving while intoxicated, etc.). The unsafe operation of a gun or other weapon. Improper or unsafe handling of food or medicine. Intentional Acts.  Intentional acts occur when someone seeks to make happen the event that causes injury.  Examples of intentional acts include punching, kicking, shooting, stabbing or other acts of violence meant to cause harm that are directed at another.  Businesses can also act intentionally.  For example, where a business purposefully disregards environmental laws and dumps hazardous materials that cause harm. Strict Lability.  Strict liability covers certain types of acts (such as the keeping of wild animals, inherently dangerous activities, and defective product designs) where certain legal elements need not be proven for a party to be liable for harms they have […]

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Feb 8, 2017 - Truck Accidents

Why is Drug Use of Particular Concern for Commercial Truck Drivers?

Multi-ton commercial trucks are difficult to operate in the best of circumstances.  Roadways are never the place to take unwarranted risks and this is especially true for commercial truck drivers.  Commercial trucks take longer to stop, they do not have the responsiveness that most vehicles do, and they often carry hazardous materials. Contact us immediately if you or a loved one has been injured or killed by a commercial truck driver. What Drugs are Commercial Truck Drivers Tested For? Federal laws require commercial truck drivers to be tested for the following types of drugs: Marijuana, Cocaine, Opiates (opium and codeine derivatives), Amphetamines and methamphetamines, and Phencyclidine (PCP). Different drugs can impact truck drivers very differently.  Some drugs cause users to become anxious, hyper-sensitive, irritable, aggressive and willing to take unnecessary risks.  Other types of drugs may depress a user’s ability to react, inhibit concentration and or cause a lack of focus. Drivers should remain sober during the operation of their trucks.  Contact Drake, Hileman & Davis, PC at 888-777-7098 today if you believe you were injured by a commercial truck driver who was operating his or her vehicle while under the influence of drugs or alcohol. What are the Consequences of a Failed Drug Test for Commercial Truck Drivers? According to the Federal Motor Carrier Safety Administration, failing (or refusing) a drug test will have serious consequences for commercial truck drivers. Positive test results, or a refusal to submit to a test, requires the driver to be immediately removed from […]

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