When you are hosting a private party, should you have to worry about the amount of alcohol your guests are drinking? Are you required to “cut them off?” Of course nobody ever wants anyone to get hurt, but is it your legal responsibility as a host to pay attention to everyone’s alcohol consumption? Currently, Social Host Liability in Pennsylvania is a legal concept allowing the host of a party to be held liable when a minor becomes intoxicated and ends up causing an injury to another person. Under the law, anyone under the age of 21 is considered a minor. Social hosts in Pennsylvania are not currently responsible for the intoxication of individuals over age 21. What is Dram Shop Liability? Dram Shop liability applies to commercial establishments when they provide alcohol to a visibly intoxicated persons. These businesses can be held legally responsible for injuries and damages that the intoxicated person cause. Pennsylvania’s Dram Shop liability is often utilized when a drunk driver causes a car accident with serious injuries or death. When Dram Shop liability applies, the injured party can sue for civil damages. Such damages are intended to compensate the injured person for losses suffered resulting from the accident. These damages include: • medical, hospital, rehabilitation, and pharmacy bills related to the injury, • lost wages and other compensation, • the value of […]
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Category: Allentown Car Accident Lawyer
Accidents on Private Property
Most of us know what to do when we’re involved in a vehicle accident on the roadways. But what if the accident occurred on private property, such as a parking lot? After all, parking lot accidents are quite common, especially when there are area events. First of all, it is still necessary to contact the police, even though some officers aren’t too excited about creating a report when it comes to accidents on private property. This is because they generally do not have the right to issue citations or determine liability. They can, however, document the accident and provide you with a police report. Most insurance companies are unwilling to pay a claim for damages resulting from a private property accident without a police report. Furthermore, you should contact the owner of the property and inform them of the accident. What Can I Do if I’m Involved in an Accident on Private Property? If you have been involved in a vehicle accident on private property, your best option is to call an Allentown car accident lawyer at Drake, Hileman & Davis, even before contacting your insurance company. They can help you with any type of accident, including those that result in injury, serious injury, or even death. It is important to determine who is responsible for any type of vehicle accident. When an accident happens on private property, the property owner may share some liability. If negligence caused the accident, you may have a personal injury claim. For example, if […]
In Pennsylvania, if you are involved in an automobile accident in which property is damaged or someone is injured or killed, you must stay at the scene and exchange information with the other driver. Anyone who leaves the scene of an accident can face serious consequences. If you have been injured in a hit-and-run accident, an Allentown car accident lawyer at Drake, Hileman & Davis can help you get the compensation to which you are entitled. The Dos and Don’ts if You Are the Victim in a Hit-andRun Accident If you were involved in an automobile accident, and the other party has fled the scene, here are some important dos and don’ts: Don’t wait to call the police to file a police report or an accident claim. The official accident report will help police find the fleeing driver and will be useful when you file your accident claim. Do call 911 if you or someone else involved in the accident has been injured. Do seek immediate medical attention if you have been injured. Don’t attempt to follow the fleeing driver. Leaving the scene of the accident could cause serious problems for you. You may miss the opportunity to speak with eyewitness accounts, and the police may question who’s really at fault. Finally, you know nothing about the fleeing driver, other than he/she is unafraid of breaking the law. They very well may be dangerous even if you do manage to catch them. Do get as much information about the fleeing […]
TAKE A MINUTE. SAVE A LIFE.
As personal injury attorneys, this most recent snow storm, reminds us again of the dangers of snow and ice flying off the back of moving vehicles. The dash-cam video below shows how this dangerous this driving hazard can be. Watching this video, you too must have thought, “That should be illegal.” In some states, it is. Sadly on Christmas Day, 2005, Christine Lambert and her family were traveling through Pennsylvania, to visit relatives, when an eight-inch chunk of ice flew off the roof of a tractor-trailer. The flying ice chuck broke through the windshield of the Lamberts’ sport utility vehicle and killed Christine. The police never identified the driver of the tractor-trailer. As a result of Christine Lambert’s death, legislation was passed to add criminal consequences to this behavior. See, 75 Pa.C.S. § 3720 Unfortunately, it only applies if the flying snow or ice actually injures someone or damages your vehicle. This is essentially the equivalent of only receiving a speeding ticket, if you caused an car accident. It doesn’t prospectively curb the dangerous behavior before someone gets hurt. While this failure to remove ice and snow from the roof, trunk, hood, and windshield continues to be repeated following each snow storm, in Pennsylvania, there does not seem to be the “legislative will” to enact legislation that would require the removal of snow and ice from a vehicle before an accident occurs. Some members of the trucking industry consider the act of clearing ice and snow […]
Winter Driving Safety Tips
According to the Federal Highway Administration (FHWA), over 70 percent of the nation’s roads are located in snowy regions that receive more than five inches of average snowfall every year. Nearly 70 percent of the U.S. population lives in these snowy regions. Snow and ice reduce pavement friction, compromise vehicle maneuverability, reduce roadway capacity, and increase the risk of accidents. Average speeds on arterial roads decline by 30 to 40 percent on snowy or slushy pavement. Freeway speeds are reduced by three to 13 percent in light snow and by five to 40 percent in heavy snow. Heavy snow and sleet can also reduce visibility, as lanes and roadways are obstructed by snow accumulation. 24 percent of weather-related vehicle crashes occur on snowy, slushy, or icy pavement and 15 percent happen during snowfall or sleet every year. Over 1,300 people are killed and more than 116,800 people are injured in vehicle crashes on snowy, slushy, or icy pavement each year. Even more alarming, nearly 900 people are killed and nearly 76,000 people are injured in vehicle crashes during snowfall or sleet every year. Snow and ice increase road maintenance costs, and state and local agencies spend more than 2.3 billion dollars on snow and ice control operations annually. This doesn’t even account for the millions of dollars spent to repair infrastructure damage caused by snow and ice. If you have suffered a personal injury in an accident caused by wintery conditions, contact an Allentown car accident lawyer at Drake, Hileman […]
An Allentown Car Accident Lawyer Discusses What to Do After a Rental Car Accident
In many ways, your responsibilities after an accident in a rental car are similar to those that occur after any accident: Check yourself for injuries to yourself, your passengers, and other drivers. Move to a safe location if possible. Contact the police. Call 911 if anyone has severe or life-threatening injuries. Otherwise, contact the state highway patrol, sheriff, or local law enforcement. Exchange contact and insurance information with any other involved drivers, including full names and contact information, insurance company and policy numbers, driver’s license and license plate numbers, type, color, and model of the vehicles, and location of the accident. Take phone video for simplicity’s sake. Document the accident. Take photos of all damage to your vehicle and others, record the names and badge numbers of the assisting officers, get a copy of the police report, if possible, and take witness statements if possible. Contact an Allentown car accident lawyer before you speak with your insurance company. About Insurance Coverage Your personal auto insurance policy should cover most damage through: Collision Insurance. This coverage helps pay for damage to your vehicle, minus your deductible. The deductible is the amount of money you pay out of your own pocket before insurance takes over costs. Most collision coverages apply to rental cars with the same deductible. Liability Coverage. This coverage helps pay for damage to other people’s property and medical bills, and also applies to rental car accidents in most situations. Two other insurance coverages, although optional, might apply to your […]
The National Safety Council (NSC) states very bluntly: “Drowsy driving is impaired driving.” According to the National Sleep Foundation, roughly half of U.S. adult drivers admit to getting behind the wheel while feeling drowsy on a consistent basis. About 20% of U.S. adult drivers admit to falling asleep behind the wheel at some point in the past year, and more than 40% of U.S. adult drivers admit this has happened at least once in their driving careers. These statistics are alarming, to say the least. They show just how prevalent fatigued driving is. What drivers may not realize is the extent to which fatigued driving puts themselves and others at risk. Thousands of people die every year from fatigued driving, and the sad part is, it’s easily preventable if drivers would simply become aware, instead of assuming, “it won’t happen to me. I feel fine.” If you have been involved in an accident involving fatigued driving in Pennsylvania, let an Allentown car accident lawyer help. The Impact of Fatigue on One’s Ability to Drive Fatigued driving is similar to driving under the influence of alcohol: Reaction times, hazard awareness, and the ability to sustain attention are all drastically reduced when a driver is fatigued. Driving after going more than 20 hours without sleep is the equivalent of driving with a blood-alcohol concentration of 0.08%, which is the legal limit in most states. Drivers are three times more likely to be in a car crash if they are fatigued. Drivers may […]
Avoiding Road Rage in Pennsylvania
Almost two years ago, a Pennsylvania man who pled guilty to fatally shooting a recent high school graduate in a fit of road rage was sentenced to 20-40 years in prison. Road rage represents the very worst of automobile accidents: senseless, avoidable, and exceptionally damaging to all those involved, including their family members. According to a recent survey on the Zebra: 19.3% of respondents reported feeling anger and intense aggression while driving in the past year, 5.5% said they experienced those same feelings weekly, and 2.8% reported those same feelings every time they drive. The most common type of road rage behavior was honking their car horns in anger, but almost half of the respondents witnessed drivers giving rude hand gestures to other drivers. Other common acts of road rage include yelling at another driver and actually getting out of a vehicle to fight another driver. Respondents listed distracted driving, tailgating, and being cut off in traffic as the most aggravating behaviors. If you have been involved in a road rage accident, an Allentown car accident lawyer can help. What Causes Road Rage? Every driver occasionally feels frustrated, whether due to traffic, running late, or some poor decision by another driver. Unfortunately, that anger can last far longer and be much more intense than it should be, and this can lead to serious consequences like physical injury or even, as described above, death. So what is road rage? The National Highway Traffic Safety Administration (NHTSA) has identified several differences between […]
Tips for Avoiding Road Rage When Driving in Pennsylvania
A mother driving with her two young sons in the car accidentally cuts off a driver. When she pulls into a mall parking lot, he pins her in, exits his car, screams at her, and then punches her in the face when she rolls down the window to apologize to him. Another Pennsylvania driver becomes so enraged with a teen who tried to merge into his lane that he shoots and kills her and gets sentenced to 20+ years for his crime. These are not hypothetical stories. They’re real road rage incidents that took place in Pennsylvania. What is road rage? Road rage is defined as “violent anger caused by the stress and frustration involved in driving a motor vehicle in difficult conditions.” Road ragers make rude gestures at other drivers, sling insults, drive unsafely on purpose, make threats, and inflict physical harm upon other drivers in a confrontation. What causes road rage? Some believe that congested traffic, long commutes, stress, and aggressive drivers contribute to road rage. In fact, road rage is closely related to aggressive driving. According to the Pennsylvania Department of Transportation, road rage is often the result of aggressive driving behavior that escalates into an assault with a vehicle or other dangerous weapon. Are you an aggressive driver? Although road rage and aggressive driving are among the biggest causes of fatal car accidents in Pennsylvania, a lot of drivers don’t even realize that they’re aggressive drivers. You might be an aggressive driver if you regularly engage […]
You and your girlfriends decide to take a road trip. You pull into a rest stop to get gas, coffee, doughnuts and chips for the road. Before you pull out of the rest stop, you glance into the rearview mirror to make sure no cars are coming and it’s safe for you to go. As soon as you join the left lane, a car comes up fast from behind and proceeds to tailgate you. You put on your right hand blinker and begin to move over into the right lane to let the tailgater pass. At the same time, the tailgater decides to illegally pass your car on the right. His car clips yours from behind and your car slams into the concrete median. Dazed and confused, the next thing you know, the tailgater is knocking on your window asking if you’re alright. What should you do? A lot of folks wonder what they should do if they have a car accident while they’re out of state. The answer is simple. Do the same things you would do after any car accident. Safety First Check for injuries. Before you try to get out of the car, take a moment to see if you or the other occupants of the car are injured. You don’t want to aggravate any serious injuries by trying to move too quickly. Turn your hazard lights on to warn other drivers. You don’t want to take anyone by surprise. If your car is in the middle […]
