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Category: Doylestown Car Accident Lawyer

Mar 29, 2019 - Doylestown Car Accident Lawyer

Involuntary Intoxication as a Civil Defense in Pennsylvania

Doylestown Accident Lawyer If you’ve been injured in a motor vehicle accident that was caused by a drunk driver, or by an intoxicated defendant in some other accident scenario, then you may have a right to sue and recover damages under Pennsylvania law.  When pursuing litigation, however, you may come into conflict with the defendant over the issue of “involuntary intoxication.”  Involuntary intoxication is an affirmative defense that may be asserted if the defendant was not actually responsible for their intoxication at the time of the accident, thus shielding them from civil liability. When a defendant asserts the defense of involuntary intoxication, it’s important not to panic or become overwhelmed with the prospect of a more complicated lawsuit.  It is rather difficult for a defendant to successfully avoid liability on the basis of involuntary intoxication, in Pennsylvania or elsewhere. Let’s take a closer look. Involuntary Intoxication is a Complete Defense to Negligence In Pennsylvania, the defendant can make use of the involuntary intoxication defense if they can show by a preponderance of the evidence (i.e., that it is more likely than not) that they became intoxicated through no fault of their own.  There are a variety of circumstances that can give rise to involuntary intoxication, including, but not necessarily limited to the following: The defendant was forcibly intoxicated, either physically (by another party), or by duress, undue influence, fraud, or some other misconduct; The defendant made an innocent mistake regarding the intoxicating product; The defendant has a unique medical condition […]

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Mar 11, 2019 - Allentown Car Accident Lawyer

The Most Dangerous Week of the Year

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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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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