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Monthly Archives: December 2018

Dec 28, 2018 - Personal Injury

Using Experts to Strengthen Your Injury Claim

If you’ve been injured in an accident that was caused by the negligence, recklessness, or intentional misconduct of another party, then Pennsylvania law may give you a right to sue and obtain compensation for the losses that you suffered.  Before you move forward with your claims and bringing a lawsuit against the defendant for damages, however, you should probably be aware of the importance of expert witness testimony to successful litigation in many personal injury disputes. Here at Drake, Hileman & Davis, PC, we work with reliable experts who have helped us secure substantial results in the past.  Our close connection with expert ensures that we are “on the same wavelength” from a case strategy standpoint, and that we can guide the expert witness to produce reliable testimony that is less likely to be undermined by opposing counsel. Let’s take a closer look. The Value of Expert Testimony Expert witnesses are quite different from eyewitnesses.  Unlike eyewitnesses, expert witnesses typically did not observe the accident at-issue firsthand.  Expert witnesses are those who are introduced into litigation to testify as to issues and facts that are related to some “special knowledge” that they possess regarding a particular field. For example, an auto industry engineer might be brought in to testify as to the expected tolerances for the roll cage of a vehicle (with regard to the force of impact it is capable of sustaining). Expert witness testimony is quite valuable in the personal injury context to help establish certain standards or […]

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Dec 21, 2018 - Doylestown Personal Injury Attorney

Recovering Damages for a Road Crossing Injury

A Doylestown Personal Injury Attorney Can Help Road crossings can be quite dangerous to pedestrians, whether or not the pedestrian is using a crosswalk or is simply making their way to the other side of the roadway without the use of a crosswalk. If you’ve been injured while crossing the road (outside of a crosswalk), then Pennsylvania law may give you a right of action against the defendant-driver for damages, though the lawsuit may be complicated by liability conflicts, such as your own contribution of fault. Right-of-Way and Pedestrian Road Crossings in Pennsylvania In Pennsylvania, right of way in pedestrian crossing scenarios depends on whether the pedestrian used a crosswalk. Crosswalks can be marked and unmarked.  Marked crosswalks are the sort that most people are familiar with — a marked crosswalk may be painted and feature various traffic signals, for example.  By contrast, an unmarked crosswalk exists at any intersection.  Right-of-way rules for both are the same. Crosswalks (Marked and Unmarked) According to Section 3542 of the Pennsylvania Consolidated Statutes, the driver of a vehicle must yield right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk.  Traffic control signals may alter the applicable right of way. Non-Crosswalks If the pedestrian is crossing the roadway at a location that is not a marked or unmarked crosswalk, then the driver has the right-of-way.  In other words, the driver need not yield to the pedestrian. Drivers Must Exercise Reasonable Care Given the Circumstances Even if you — the pedestrian […]

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Dec 14, 2018 - Slip and Fall

Frequency of Floor Inspections and Slip and Fall Lawsuits

Contact an Easton Slip and Fall Attorney Today For Assistance Though slip-and-fall accidents are commonplace — in Pennsylvania and elsewhere — many injured plaintiffs are unaware of how such lawsuits work, or the particular challenges that they are likely to face as they move forward with litigation. In the slip-and-fall context, the frequency with which the defendant conducted floor inspections may have a significant impact on whether you can successfully prove that they are liable for your injuries. Let’s take a closer look. Slip and Fall Basics Slip-and-fall accidents come under the umbrella of premises liability claims.  In the state of Pennsylvania, liability will attach to those who exercise control or possession over a given property if the plaintiff is injured due to a dangerous condition of property (i.e., a slip-and-fall hazard).  For example, if the plaintiff slips on a water spill at a retail store, then that would qualify as a hazard that could expose the defendant (the store owner) to potential civil liability and damages. Now, as a plaintiff, your slip-and-fall claim may be met with various defenses.  Depending on the circumstances, the defendant is likely to argue that they did not know about the dangerous condition of property (i.e., the slip-and-fall hazard) that caused you to be injured.  Knowledge is a critical consideration in the slip-and-fall context.  If the defendant did not have knowledge of the hazard, then they can avoid liability. Importantly, however, the defendant’s ignorance is not a complete defense.  If you can show that […]

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Dec 7, 2018 - Dog Bite Injuries

What Qualifies as a Dog With Dangerous Propensities?

Let an Allentown Dog Bite Attorney Help If you’ve been injured by a dog in Pennsylvania, then you may be entitled to significant compensation under the law.  It’s important to understand, however, that your ability to recover may be affected by the qualification of the dog itself — if the animal qualifies as a “dangerous dog,” then the owner can be held absolutely liable (i.e., must pay full compensation) for the damages incurred by their dog during the attack. Curious how it works?  Let’s explore the basics. Defining a Dangerous Dog Under Pennsylvania Law In Pennsylvania, dog owners are strictly liable for the medical expenses incurred by those who are injured by their dogs.  If the dog showcases “dangerous propensities” or is a “dangerous dog,” however, then the owner may be held fully liable for all the damages caused. A dangerous dog is one who has: Inflicted severe injury on a human being or domestic animal without provocation; Attacked a human being without provocation; Been used in the commission of a crime; A history of attacking human beings and/or domestic animals without provocation; or A propensity to attack human beings and/or domestic animals without provocation. Even a single attacking event may be sufficient to establish a propensity that qualifies the dog as “dangerous” under the law. The bar is not particularly high to establish that the dog was “dangerous.”  In Pennsylvania, it is enough to show that the dog rushed at others in a vicious manner (requiring the owner to […]

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