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If you’ve been injured in an accident that was caused by someone else, you may have a legitimate claim for damages. However, it’s worth noting that you do not have an unlimited period of time to sue.  In Pennsylvania — and all throughout the country — the applicable statute of limitations sets a deadline by which you must file your claims against the relevant defendants in your case. Many injury victims do not realize the fundamental importance of the statute of limitations deadline.  In many cases, excessive delays can lead to a dismissal of an otherwise legitimate injury claim.  As such, it’s absolutely critical that you get in touch with a qualified Pennsylvania personal injury attorney who can evaluate your claims and bring an action against the defendants in a timely manner. How the Statute of Limitations Works In Pennsylvania, personal injury claims have a statute of limitations period that is currently two years from the date of injury.  If you do not bring an action against the defendants within such time and the deadline passes, then you are deemed to have “abandoned” your claims.  Following that, you will no longer have the right to sue the defendant(s) and recover damages in a Pennsylvania court of law.  Unfortunately, injury victims often ignore the consequences of a delay, perhaps due to the other challenges posed by their injury. For example, suppose that you are seriously injured in a motor vehicle accident.  You may even have suffered lower-body paralysis.  In the wake […]

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In Pennsylvania — and in other jurisdictions throughout the country — injured plaintiffs must act responsibly in the wake of an accident to ensure that their personal injury claims are preserved to the fullest possible extent.  Plaintiffs are not entitled to negligently allow their losses to accumulate without taking action.  There is a broad “duty to mitigate” that requires that plaintiffs exert reasonable efforts to minimize their losses. Comparative Negligence in Pennsylvania Pennsylvania applies comparative negligence principles that allow an injured plaintiff to recover damages as compensation for their various losses, but only if the plaintiff is less negligent than the at-fault defendant. How does this work? Suppose, for example, that you have been injured in a car accident, and your damages total to $100,000.  You were also speeding at the time of the accident, however.  The court determines that you were 30 percent at-fault for your injuries.  Despite your own significant contribution of negligence, you would be entitled to recover the remaining 70 percent of the damages ($70,000).  You should also note that even if fault is deemed to be 50/50, you may still recover damages. On the other hand, if you were deemed 51 percent at-fault, then you would not be entitled to recover any damages. In a personal injury lawsuit, the duty to mitigate is fundamentally linked to the application of comparative negligence principles.  Failure to adequately mitigate damages (in the wake of an accident) constitutes negligence, and depending on the extent of such failure, it might […]

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Allentown Car Accident Lawyer There is little debate about the effectiveness of seatbelts for preventing injury or death in the car accident context.  According to data reported by Center for Disease Control and Prevention, seatbelt use reduced serious crash-related injuries and death by roughly 50 percent, with proper seatbelt use having prevented about 15,000 motor vehicle deaths in 2016 alone.  The CDC noted that while airbags were beneficial as added protection, they were not enough on their own — the combined protection of an airbag and seatbelt worked to significantly improve safety outcomes. If you’ve been seriously harmed in a car accident due to the fault of another, then you may be entitled to compensation under Pennsylvania law.  Car accident litigation is not always straightforward, however, particularly if you were not wearing a seatbelt at the time of the accident. Let’s brief explore some of the liability issues associated with a failure to wear a seatbelt. Failure to Wear a Seatbelt Could Create Barriers to Complete Damage Recovery Pennsylvania is a modified comparative negligence state.  In accordance with section 7102 of the Pennsylvania Statutes, injured plaintiffs — in car accident lawsuits and otherwise — may only recover damages if they are not more than 50 percent at fault for their own injuries.  If the plaintiff is entitled to recover damages (i.e., they are 50 percent or less at-fault for their own injuries), then their contribution of fault will reduce their damage recovery accordingly. For example, suppose that you are injured […]

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With the loss of an hour due to daylight savings time, during the week of March 10th through the 16th, we can expect an increase in everything from car accidents to heart attacks. With regard to safe driving, according to a 2014 study by the University of Colorado, auto accidents increase, due to the fact that it takes about 6-7 days to adjust to the darker morning commutes, coupled with the fact that the loss of an hour of sleep causes drivers to be less alert. According to the study, there is a 6.3% increase in traffic fatalities in over the six days following the March time change. Additionally, in 2009 a Journal of Applied Psychology study concluded that mine workers experience 5.7 percent more workplace injuries in the week daylight savings time was implemented, than in any other week of the year. The researchers attribute this increase in injuries to a lack of sleep. For those workers with less strenuous jobs, in 2012 the same journal found that “cyberloafing” significantly increased on the first Monday after daylight savings time. This was attributed to both a lack of sleep and a lack of workday focus and motivation. Finally, a 2016 study by the American Academy of Neurology found that the overall rate for a stroke was 85 higher on average in the two days after daylight savings time started. And a 2012 study at the University of Alabama found that in the first days after daylight savings time begins, there […]

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Did you know that this week (February 18- 25) is “Highway Safety Law Awareness Week?” By raising awareness regarding certain traffic laws, with which you may not be too familiar, PennDOT and the Pennsylvania State Police hope to make everyone safer on our roadways. This year’s focus is on a variety of lesser know traffic laws, as well as some changes to our existing laws. These include, Pennsylvania’s Blind Pedestrian Law; the Use of Headphones While Driving; the Ride-on-Red law; the Unattended Motor Vehicle law (those with remote car starters should especially read this); the Clear Snow and Ice from your Vehicle Law (see our previous article here); the Steer Clear Law; the Turn Around, Don’t Drown Law; as well as penalty changes to our existing DUI laws. In addition to the “Clear the Snow from Your Vehicle Law,” we previously wrote about, we think that it is important to be reminded, about two additional laws that are the focus of this year’s Awareness Week. The first law we would like to look at in more detail is the “Unattended Motor Vehicle Law” and the second is the “Turn Around, Don’t Drown Law.” On a cold winter morning, who doesn’t want to wait in the house while your car is getting warmed-up before heading out on the road? But do you know what the laws are in Pennsylvania regarding leaving a vehicle running that is unattended? 75 Pa. C.S.A. Sec. 3701, prohibits anyone who is “in charge” of a motor […]

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  Given the almost daily deluge of rain we have been experiencing, hydroplaning is a very real problem for which all drivers must be prepared. Hydroplaning occurs when the vehicle’s tire-to-road traction becomes separated by water. This grip separation results in a loss of control (braking and steering), which can result in a violent accident. While hydroplaning can happen on any wet road surface, tire tread, tire inflation and speed are the key factors in causing hydroplaning to occur. According to the American Automobile Association, “when driving through just one-twelfth of an inch of water, each of your tires has to displace one gallon of water per second.” So, when the road surface is wet, you need to choose an appropriate speed that will displace enough road surface water, that allows your vehicle to maintain proper traction.  “At 30 mph or less, properly inflated tires with good tread will maintain contact.” While low tire pressure causes the tread to “squeeze together, narrowing the tread channels and reduces the tire’s ability to wipe or channel away water,” even with good tread and properly inflated tires, a vehicle can begin to hydroplane at speeds above 35 mph.   Below are six tips every driver should remember when driving on a wet surface. Avoid driving in the outer edges of a roadway. Most roadways have a slight “crown” in the middle of the road which causes water to accumulate on the edge of the roadway. Try to stay more toward the middle of […]

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With our schools back in session, it is a good time to refresh our understanding as to when motorists must stop for a school bus on a divided highway. We have found that even experienced motorists still have some uncertainty when determining whether they are required to stop for school bus on the other side of a multi-lane roadway. Does it matter if the lanes on the roadway are divided by a turning lane, a jersey barrier, a grassy divide or a median strip? Do you know what the law in Pennsylvania requires? The general rule is that all motorist must stop at least 10 feet away from a school bus that has its red lights flashing and “stop arm” extended, whether if you behind the bus, meeting the bus from the opposite direction, or approaching an intersection where a bus is stopped. You must remained stopped until the red lights have stopped flashing. If children have exited the bus, you must not move your vehicle until all the children have reached a place of safety off of the roadway. If you observe the amber lights of the school bus flashing, this is an indication that within 150 to 300 feet the school bus will be activating its red flashing lights and stopping. Drivers can proceed past a school bus if only the amber lights are flashing, but drivers must be prepared to stop when the red lights are flashing and “stop arm” has been extended. While these rules seem straight […]

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In Pennsylvania, if you have suffered injuries in a car accident in which the defendant-driver was operating a vehicle that was not their own, then you may not only have a legitimate claim for damages against the driver, but you may also have a claim against the owner of the vehicle pursuant to the theory of negligent entrustment. Negligent entrustment imposes liability on vehicle owners for permitting a person — who they know (or should know) is unfit to drive — to use their vehicle.  This is separate and independent from vicarious liability, which imposes liability on employers for the negligence committed by their employees. For example, if you are injured in a car accident by an intoxicated pizza delivery driver employee, then you might be entitled to bring a claim against the employer under vicarious liability and separately for negligently entrusting the company vehicle to the driver despite being aware of the intoxicated status of the driver-employee. Same as with vicarious liability claims, legitimate negligent entrustment claims are a strategic boon of sorts in that they enable you — the injured plaintiff — to “spread liability” across multiple parties, particularly those who may have the insurance coverage or personal assets necessary to adequately cover your damages. Negligent entrustment claims are fairly straightforward, though it can be something of a challenge to prove each necessary element to the claim.  For now, let’s explore some of the basics. Elements of a Pennsylvania Negligent Entrustment Claim Negligent entrustment claims in Pennsylvania require […]

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Car accident litigation can vary quite a bit from case-to-case, particularly if the owner of the vehicle is not the same as the negligent driver that caused your injuries — in Pennsylvania, this gives you a potential right of action against the car owner for damages pursuant to negligent entrustment. Injured in a car accident due to another’s fault?  Pennsylvania law may entitle you to significant damages.  Speak to an experienced Allentown car accident lawyer for further guidance. Negligent entrustment is plaintiff-friendly in the sense that it gives the injured plaintiff access to another defendant’s pockets, so to speak — for example, if you are suing the defendant-driver, but the driver does not have sufficient insurance coverage to account for your losses, then having access to the “pockets” of the vehicle owner will ensure that you can obtain some additional compensation. What is Negligent Entrustment? Negligent entrustment is not the same as the claim you would otherwise bring against the negligent driver — it is a separate and independent claim brought against the owner of the vehicle for negligently permitting the driver to operate the vehicle, thus exposing others to an unreasonable risk of injury. For example, if you are injured by a drunk driver, then you may want to investigate the ownership of the car involved.  If the car was owned by their sibling, who — after further investigation — is found to have permitted the driver to operate the vehicle despite knowing that the driver was intoxicated, then […]

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    When Purchasing a Car, Safety Should Be A Priority. As Personal Injury Attorneys, at Drake, Hileman & Davis, we often see the difference the size a vehicle makes in how seriously someone is injured in an accident.  Frequently, consumers look at price, style, fuel economy and color when making a car selection, when they really should be looking at vehicle safety. The Insurance Institute for Highway Safety (“IIHS“) found that some of the smallest cars have the highest death rates during car accidents.  Chuck Farmer, President of IIHS, has stated, “If you hit something bigger than you, you are more likely to die . . .   Physics matter. The bigger the vehicle, the safer you are in an accident.”  Specifically, an IIHS’ study found that the Hyundai Accent had the most accident deaths (104), between 2012 to 2015, out of the 208 models of cars that were analyzed. Other small cars, such as the Kia Rio, Scion tC, Chevrolet Spark, and Nissan Versa also ranked very high for deadly car accidents.[1] Hyundai defended its Accent, saying, “The Hyundai Accent meets or exceeds all Federal Motor Vehicle Safety Standards set by the U.S. government and performs well in various safety tests and is rated a 4-star overall by NHTSA (National Highway Traffic Safety Administration).” [2] Bigger is Actually Better  While meeting certain safety standards is a minimum, there is no question that larger cars perform much better than smaller vehicles,  in automobile accidents. Cars like the Jeep Cherokee, Mazda […]

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