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Category: Articles

Nov 15, 2018 - Articles

Car Accident FAQs

If you’ve been injured in a car accident and can demonstrate that the defendant caused you to suffer harm due to his or her negligent, reckless, or wrongful conduct, you may be entitled to recover significant damages as compensation. Car accident litigation can involve many variables, depending on the circumstances.  Though some lawsuits can be resolved in a straightforward manner, others may involve complicated issues of liability, such as splitting fault between multiple co-defendants and establishing potential employer liability or manufacturer liability (for product defects). Given the fact that car accident litigation — and personal injury disputes in general — can be inherently unpredictable, it’s important that you work with a team of attorneys who are capable of dynamically responding and adapting to changing circumstances over the course of a lawsuit.  We encourage you to contact an experienced attorney or assistance with your car accident claims. Frequently Asked Questions (FAQs) Q: Is there a deadline for pursuing a car accident lawsuit? A: Yes, there is, though it may vary from jurisdiction to jurisdiction. In some states, the statute of limitations deadline for personal injury claims is two years from the date of injury, whereas in others, the deadline may be three years.  Regardless of the specific length of the deadline, however, if you do not file your lawsuit before the deadline passes, then your case will no longer be actionable in a court of law. It’s worth noting that if the defendant is a public entity or employee, then your […]

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Sep 28, 2018 - Allentown Car Accident Lawyer

RAIN, RAIN, GO AWAY: Hydroplaning and How to Avoid It

  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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Sep 7, 2018 - Allentown Car Accident Lawyer

DO YOU STOP FOR A SCHOOL BUS ON A DIVIDED HIGHWAY?

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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Aug 21, 2018 - Articles

FIVE TIPS FOR OCEAN SAFETY

  When we think of summer, we typically think of the beach. For those of us who live in the greater Philadelphia area that means going to the Jersey Shore. However, a relaxing trip to the ocean shouldn’t cause you to relax when it comes to safety. Drowning is the number one accidental cause of death for children ages 1 -4 and the sixth leading cause of accidental death for all ages in the United States. Ten Americans die by drowning every day. And nearly 80 percent of people who drown in the United States are male. Listed below are five simple tips to help you be safe on your end-of-summer trip to the ocean. 1. Only Swim on a Beach Protected by a Lifeguard The chances of drowning on a beach without a lifeguard are almost five times higher than your chances on a beach with a lifeguard. You should swim between the flags positioned on either side of the lifeguard stand. The colors of the flags indicate both the nature of the surf that day and what activities are permitted in the water. A red or yellow flag typically means no swimming or restricted swimming. A green or orange flag means swimming is allowed. As you swim in the ocean, you need to be mindful that currents will move you along the shore. By continuing to swim within the boarder of the flags you can ensure that the lifeguard on duty is able to see you. 2. Never […]

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Jun 25, 2018 - Articles

HOT CARS AND KIDS: FIVE SAFETY TIPS TO PREVENT A TRAGEDY

In 2017, forty-two (42) children died after being left in a hot vehicle. Unfortunately, while one death is too many, this number of deaths is up from the annual average of 37. Sadly, ten (10) minutes is how long it takes in a closed vehicle for the temperature to rise twenty (20) degrees. And a twenty degree increase in an interior car’s temperature, especially for children, is enough to result in death. To avoid these preventable deaths, some newer cars are now equipped with a “rear seat reminder” if a rear car door is opened and closed before the vehicle is started or while the vehicle is running. In such a situation, when the car is turned off, alarm chimes will sound and a message will be displayed on the instrument panel reminding the driver to check the rear seat. Additionally, some newer car seats are equipped with a computer chip placed in the child restraint straps, which transmits a signal to the driver, within seconds of the vehicle’s ignition being turned off. If your vehicle or car seat is not equipped with such safety features, below are five safety tips to prevent a tragedy. Never leave a child alone in a car. Even if the windows are cracked, the temperature can simply rise too high and too quickly to avoid injury. Keep your car locked when you are not in it, in order to prevent a child from trying to play in the vehicle and inadvertently lock themselves in. […]

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Apr 13, 2018 - Articles

Seeing, But Not Perceiving: Why Other Drivers Don’t See Motorcycles- an Injury Lawyer Perspective

As a personal injury lawyer serving residents in and around Allentown, Doylestown, Bethlehem, Easton and Stroudsburg, with warmer weather upon us, we see motorcyclists getting back out on the road again. Unfortunately, with this increase, comes an increase in calls from motorcycle riders who were seriously injured; or from family members who have suffered the devastating loss of a loved one — all due to another motor vehicle operator’s negligence. As a motorcycle accident lawyer, when we review police reports, we frequently read that the other driver told the investigating police officer, “I never saw him.” Sometimes, the insinuation is that because the other driver never observed the motorcycle, the motorcyclist “must” have been speeding. The reality is that the operator of the car or truck “saw” the motorcycle and its operator, but the human eye failed to “perceive” the motorcyclist. In his interesting article in Road and Track magazine entitled, “Why You Don’t ‘See’ Motorcycles on the Road”, cyclist and author, Jack Baruth, explores the biological workings of the human eye, relative to the phenomena of failing to observe motorcycles and their riders. Baruth asserts that when things are small enough and move quickly enough, our mind does not always “perceive” them, even though our eyes “see” them. In particular, since our eyes are only looking at a relatively small area, a motorcycle approaching head-on from a distance, occupies a very small part of a driver’s vision. If you don’t expect to see a motorcycle and you are only “looking” for cars, your […]

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Dec 29, 2017 - Articles

Tax Provisions Impacting Estate Planning In the New Tax Act

The new Tax Cuts and Jobs Act of 2017 (“2017 Tax Cuts Act”) signed by the President on December 22, 2017, P.L. 115-97 (115th Cong., 1st Sess.), contains important tax provisions related to estate planning. The most important such provision is the doubling of the Applicable Exclusion Amount for Federal Estate and Gift Taxes, described in Paragraph 1 below. 1. Doubling the Applicable Exclusion Amount for Federal Estate and Gift Taxes. The new law doubles of the estate and gift tax “Applicable Exclusion Amount,” from $5 million to $10 million, for gifts made, and estates of decedents dying, after December 31, 2017, and before January 1, 2026. (These amounts were previously adjusted for inflation.) This means that by employing appropriate estate planning measures, a married couple’s total exemption may be increased from $10 million to $20 million. By increasing the applicable exclusion amount, the new law automatically increases the Generation Skipping Tax (“GST”) exemption. Code Sec. 2631(c). By way of Background: a. A federal “gift tax” is imposed on certain lifetime transfers (Code Sec. 2511), and a federal “estate tax” is imposed on certain transfers at death. (Code Sec. 2001) b. Under pre-2017 Tax Cuts Act law, the first $5 million (as adjusted for inflation in years after 2011) of transferred property was exempt from estate and gift tax. For estates of decedents dying and gifts made in 2018, this “basic exclusion amount” was $5.6 million ($11.2 million for a married couple). c. For estates of decedents dying and gifts […]

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Oct 30, 2017 - Allentown Car Accident Lawyer

Small Cars Can Come With Big Risks

    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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Jun 5, 2017 - Articles

What is Estate Planning and Why Should You Do It?

What Is Estate Planning? What on earth is estate planning? Many people don’t have a clue. Estate planning sounds like a rich person’s concern. However, estate planning is not only for the rich. It is also important for people with limited assets. Everyone has an Estate, and Everyone Should Make Plans to Protect It. So, what is estate planning? Everyone no matter how rich or poor has an estate. Your estate is made up of all the things you own. Your house, car, financial accounts, insurance accounts, jewelry, furniture, clothes, and pets are all part of your estate. Estate planning assumes that (at some point) you will no longer be able to make decisions about your things or how you will provide for the people you love.  So, estate planning allows you to decide in advance what you will give away, who will get your things, when they will get your them, and even what they have to do in order to get them. Estate planning also lets you plan how you and your loved ones will be protected when you become incapacitated. You can decide what end of life care you will receive, you can plan who will get your money, and you can protect your family from future creditors and unwise spending. A Simple Example: How Estate Planning Can Help Rufus. Let’s consider a simple example of estate planning. Imagine you have a beloved golden retriever named Rufus. What would happen to Rufus if something happened to you? […]

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Apr 11, 2017 - Articles

Sharing the Road: Six Tips for Motorists and Cyclists From a Personal Injury Lawyer

As a Doylestown personal injury attorney, this time of year brings with it awareness of an increased number of bicycles riders out on the country roads of Bucks County. Sharing the road with bicyclists, whether riding alone or as part of a cycle club, can be a challenge for many motor vehicle drivers. We thought this would be good time for both drivers and riders to be reminded of several tips in order to avoid accidents involving bicycles. Tips For Sharing the Road 1. Remember that operators of pedalcycles, including bicycles, when ridden on public roads have the same rights and responsibilities as drivers of motor vehicles. While cyclists cannot ride on freeways (limited access highways), they can on all other roads. Moreover, while cyclists have to ride on the right side of the road, they do not have to ride on the far right or shoulder of the road, unless they are moving slower than the prevailing speed of traffic at the time. Cyclists are not permitted to ride more than two abreast on any roadway. 2. Motor vehicle operators should always reduce their speed when approaching and passing a cyclist. Allow a sufficient amount of space, at least 3 feet or more between your vehicle and a cyclist. Be especially careful when approaching a hill or incline. Wait to pass a cyclist, only after you have determined that you can adequately see approaching traffic and yield appropriately. Always allow for an adequate distance when merging back into the desired […]

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