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Category: Articles

Apr 11, 2020 - Articles

BEWARE OF COVID -19 SCAMS

    When we as a nation face challenging times, most of us pull together to help one another out. Unfortunately, some people see any crisis as an opportunity for personal advantage. The current pandemic is no exception. Both the Federal Trade Commission and the Small Business Administration have issued warnings alerting consumers to the nature of certain scams that are being used by criminals during this time of crisis. Listed below are some helpful tips for all of us. Ignore Online and Door-to-Door Solicitations For Vaccinations And Home Test Kits There are no products proven to treat or prevent COVID-19 at this time. The FDA has stated that there are no approved vaccines, drugs or treatment products currently available to cure or prevent the virus. The FTC and FDA have issued joint warning letters to various sellers of products including teas, essential oils, and colloidal silver. Hang up on Robocalls Scammers are using illegal robocalls to pitch everything from low-priced health insurance to work-at-home schemes to help in processing your coronavirus stimulus check. A robocall trying to sell you something is illegal unless the company has your written permission to call you that way. Watch For Emails Claiming to Be From the CDC (Centers for Disease Control and Prevention) or WHO (World Health Organization) Use sites like coronavirus.gov and usa.gov/coronavirus to get the latest information. And don’t click on links from sources you don’t know. Scammers use email or text messages to trick you into giving them your personal […]

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Feb 15, 2020 - Articles

When (Not Just) The Moon Hits Your Eye Like a Big Piece of Pie

  This past Sunday was National Pizza Day, but who knew a slice of pizza could be so dangerous? The number of hospitalizations in the United States involving pizza increased more than 50% in 2018, when compared to 2017. These statistics came from medical service provider Babylon Health and mark the highest number of injuries since the company started keeping track. Babylon analyzed data from the National Electronic Injury Surveillance System, which is run by the US Consumer Product Safety Commission. According to this data nearly 4,000 people were hospitalized with pizza-related injuries in 2018. The injuries ranged from falling up stairs while carrying a delivery; to slashing a finger with a pizza cutter; to swallowing a tongue ring; to being stabbed in the mouth with a fork; to sustaining serious burns from eating pizza that was too hot. The average American eats 46 slices of pizzas a year– over a lifetime the average American will have eaten 6,000 slices. So be careful out there. Since 1985, the personal injury attorneys at Drake, Hileman & Davis, have been concerned for the safety of those in our community. Safety is no accident. We have a proven track record of results and satisfied clients. We’re ready to answer your questions and provide you with the legal help you need, when accidents happen. Contact us on-line or call us at 1-888-777-7098 to schedule your free consultation in the convenience of your home or at one of our five offices located throughout the region.

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Nov 1, 2019 - Articles

TURNING OUR CLOCKS BACK INCREASES THE RISKS OF DRIVING AT NIGHT– Here Are Ten Tips to Stay Alive

  This Sunday morning, at 2 AM, Daylight Savings Time will end. We will move our clocks back one hour. While many will welcome the extra hour of sleep we gain, when Daylight Saving Time ends, many people will find themselves spending more time driving in the dark. According to the National Safety Council, traffic fatalities are 3 times greater at night than during the day. Fatigue, compromised night vision, and impaired drivers are some of the risks we face when driving at night. These risks become especially pronounced moving into the weekend, with fatal crashes peaking on Saturday nights, according to NSC analysis of NHTSA data. Depth perception, color recognition and peripheral vision can be compromised in the dark and the glare of headlights from an oncoming vehicle can temporarily blind a driver. Even with high-beam headlights on, visibility is limited to about 500 feet (250 feet for normal headlights) creating less time to react, especially when driving at higher speeds. Ninety percent of your reaction time depends on your ability to see what’s around you. Since your depth perception, color recognition, and peripheral vision decrease after sundown, your chances for a car accident tend to increase. According to the American Optometric Association, as we age, we have greater difficulty seeing at night. A 50-year-old driver may need twice as much light to see as well as a 30-year-old. At age 60 and older, driving can become even more difficult due to compromised vision as a result of cataracts […]

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Feb 18, 2019 - Allentown Car Accident Lawyer

Several Reminders From Highway Safety Law Awareness Week

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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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 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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"I was injured in an accident and my truck was totaled. The guy who hit me had a low insurance policy. I reinjured my neck and shoulder in the accident. I thought nothing could be done since the guy had hardly any insurance and I had a previous condition, but Jonathan Russell from Drake, Hileman & Davis was able to get me a nice cash settlement!"
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