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 […]
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Category: Car Accidents
Doylestown Residents: Here’s What You Need to Know About Uninsured Motorist Insurance
As Doylestown and the rest of the state continues to reopen and people begin to reunite with small groups of family and/or friends, there will come a time when your loved ones will begin to travel long distances for visits and vacations. When that time comes, imagine that you’re picking up your in-laws from the airport. You make sure everyone fastens their seatbelts before hitting the road. On the way back, you notice that the car next to you keeps veering close to the line separating your lanes. The woman driving it is distracted, texting on her cell phone. You speed up a little, engage your blinker, and move into her lane to get out of the danger zone. Ten minutes later, while you’re deep in a discussion with your mother-in-law about her favorite cake, the car behind you plows into the rear of your vehicle. Sure enough, it’s the distracted driver who caused the accident. To make matters worse, she’s uninsured. Both you and your in-laws are injured in the accident and require medical treatment. Plus, you’re out of work for a few weeks while getting treated for your injuries. Not to fear. Speak to our Doylestown accident lawyer today to find out what you need to do next. Since Pennsylvania is a no-fault insurance state, all Pennsylvania drivers are required to carry personal injury protection (PIP) coverage. PIP provides a certain amount of compensation for medical care and lost wages after an accident. Since PIP typically has low […]
Bicycle Riding Resurgence Amid COVID-19 Stay-At-Home Orders. How to Stay Safe.
In an effort to stay active during the stay-at-home orders, many people are going into the garage to dust off their once-forgotten bicycle. Many bike shops are reporting an uptick in business as people are looking for ways to get outside and get exercise. Several years ago, we posted an article on “Six Tips for Sharing the Road with Bicycles“, however , with more and more people getting back on their bikes, a refresher on bicycle law and safety is in order. According to the Pennsylvania Department of Transportation, if riding a bike on the sidewalk, pedestrians have the right-of-way on sidewalks and bicycle paths. You must give an audible signal as you approach and pass a pedestrian. Automobiles are not required to yield to bicycles being ridden across a crosswalk (at a trail crossing for example) as the bicycle is treated as a vehicle. A better choice is to dismount and walk your bike across. You are not permitted to ride a bicycle on a sidewalk in a business district (except where permitted by official traffic control devices) or where there is a bicycle-only lane available. If you choose to ride your bike in the roadway, The Pennsylvania Department of Transportation states that bikes may be ridden on the shoulder of the road (in the same direction as the flow of traffic) but are not required to do so. Otherwise, the safest travel location for bicyclists is the center of the rightmost travel lane. Since it may have […]
The last Friday in April, is National Arbor Day, a day set aside to celebrate the role of trees in our lives and to promote tree planting and care. J. Sterling Morton is considered the founder of Arbor Day. In 1854 Morton and his wife moved from Detroit to the virtually treeless plains of Nebraska. The Nebraska pioneers needed trees for windbreaking, fuel, building materials, and shade from the hot prairie sun. Morton decided to use his role as editor of Nebraska’s first newspaper to promote tree planting in Nebraska. In 1872, the Nebraska Board of Agriculture accepted Morton’s resolution to set aside one day to plant trees. The Board declared April 10, 1872 to be Arbor Day, and offered prizes to both counties and individuals for the largest number of trees properly planted. On that day alone, 1 million trees were planted in Nebraska. Shortly thereafter the rest of the states began passing legislation to observe Arbor Day, with the actual date in April determined by the best time to plant trees in each particular state. While trees add to the visual landscape and provide many helpful benefits to people and the environment, they can present as hazards to motorists. Trees that are not properly maintained can block road signs and roadways. According to the Insurance Information Institute, in 2017, 1,581 fatal crashes in the United States were caused by obscured vision, including poorly maintained trees and shrubbery. Dead and diseased trees can also fall on cars and roadways, […]
In Pennsylvania (and throughout the country), injured plaintiffs often worry about whether they are entitled to the compensation they seek. This is particularly applicable to plaintiffs who have sustained “excessive” losses due to their unique vulnerabilities and fragilities. For example, suppose that you have a condition that makes your spinal column somewhat less rigid, exposing you to a greater risk of paralysis in the event that a significant impact force collides with the spinal column. You are subsequently paralyzed in a low-speed rear-end car accident that causes your weak spinal column to collapse and your spine to be severed. Now, the defendant might feel that it is unfair to impose such significant damages (long-term medical expenses, pain and suffering, loss of earning capacity, etc.) on them when the accident was only minor. Fortunately for you (and perhaps unfortunately for the defendant), the law entitles plaintiffs to be compensated for their losses in full, even if they are suffering from a unique vulnerability that enhances their losses. How does this work? Let’s take a closer look. Understanding the Fundamentals of Loss and Recovery in the Context of Personal Injury In personal injury law, the defendant may be held liable for the losses suffered for the plaintiff no matter the unique vulnerabilities of that plaintiff — this concept is known as the eggshell skull rule (referencing Humpty Dumpty, naturally!). Simply put, it is the defendant’s responsibility to shoulder the cost burden of encountering a uniquely vulnerable plaintiff. If this seems unfair, consider […]
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 […]
If you’ve been injured in a car accident due to the fault of another driver, then you may have a right of action against the defendant-driver for damages. Unfortunately, many drivers in Pennsylvania do not have insurance coverage to pay for the damages suffered by the victims of their negligence, and even if they do have insurance coverage, if may be insufficient. Moving Forward With a UM/UIM Claim Uninsured and underinsured drivers are a serious problem for car accident plaintiffs. If the defendant cannot cover your losses, then you may have to seek out alternative avenues for recovery. One strategy is to identify other possible defendants — for example, if the driver was operating their vehicle in the course and scope of their employment, then you might be able to seek recompense from their employer. In cases where there are no other defendants, however, you might be forced to pursue recovery through your own insurance coverage. If you have purchased uninsured motorist coverage (UM/UIM coverage), then you may be able to secure compensation by filing a claim with your insurer. Possible Issues There are a number of problems that tend to crop up when plaintiffs file a first-party claim with their insurer. Insurers Are Not on Your Side The insurer’s goal is to pay out the least amount possible. As such, it’s important that you consult an attorney so that they can guide you and serve as your “point of contact” in all communications with the insurer. Without an attorney […]
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 […]
Dram Shop Liability in Pennsylvania
Under Pennsylvania law — and in some other state jurisdictions — those who have been injured in a car accident by a drunk driver defendant may also be entitled to bring an action against the business or individual who provided alcohol to the intoxicated driver. This is known as “dram shop liability” and the contours of such liability can be rather confusing for the plaintiff unaccustomed to or otherwise unfamiliar with the law in this respect. Let’s take a brief look at how it works. Business Liability Commercial and non-commercial parties are subject to different dram shop liability standards under the law. In Pennsylvania, alcohol vendors — businesses — that furnish alcohol to visibly intoxicated individuals may be held liable for the injuries that the intoxicated person subsequently causes. For example, if you are injured in a car accident that was caused by a drunk driver defendant, and you later discover that the driver was furnished alcohol by a bartender (despite being clearly and visibly intoxicated at the time), then you may be entitled to sue and recover damages from the bar itself. Importantly, Pennsylvania law also imposes dram shop liability on businesses that furnish alcohol to individuals in violation of some other liquor regulation. This is a rather common scenario, in fact, and will give you an opportunity to recover damages from the business defendant even when they did not furnish alcohol to a visibly intoxicated individual. For clarity, consider the following. Suppose that a liquor shop furnishes alcohol […]
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 […]
