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Category: Doylestown Personal Injury Attorney

Feb 17, 2021 - Allentown Car Accident Lawyer

WHAT IS A RESPONSIBLE PARTY HOST TO DO?

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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Feb 4, 2021 - Allentown Car Accident Lawyer

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 […]

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Sep 23, 2020 - Doylestown Personal Injury Attorney

Our Doylestown Injury Attorney Works to Help Prevent Elder Abuse

Elder abuse includes the physical, emotional, or sexual harm inflicted upon an older adult, their financial exploitation, or neglect of their welfare by people who are directly responsible for their care.  It has been estimated that: As many as 5,000,000 elders are abused each year. One in 10 elders over the age of 60 has been abused. As many as 24.3% of residents experienced at least one instance of physical abuse while in a nursing home. Only one in 14 incidents of elder abuse are formally reported. The New York State Elder Abuse Prevalence Study suggests this number is even more severe, with only 1 in 25 cases of abuse reported. These figures are low, as many elder abuse victims are unable or unwilling to report their abuse. Data from Adult Protective Services (APS) indicates a rising number of reported abuses in recent years. If you suspect that a loved one is the victim of elder abuse in Pennsylvania, let a Doylestown injury attorney help. Types of Elder Abuse The National Center on Elder Abuse distinguishes between seven different types of elder abuse: Physical Abuse. The use of physical force that results in bodily injury, physical pain, or impairment. Sexual Abuse. Any kind of non-consensual sexual contact with an elderly person. Emotional Abuse. Any verbal or non-verbal acts that inflict anguish, pain, or distress. Financial/Material Exploitation. Illegal or improper use of an elder’s funds, property, or assets. Neglect. The refusal or failure to fulfill any part of a person’s obligations […]

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Jan 22, 2020 - Doylestown Personal Injury Attorney

Understanding Loss of Earning Capacity Damages

If you’ve been harmed in an accident that was caused by the negligence, recklessness, or intentional misconduct of another party, then the law may entitle you to compensation for your losses, which may include damages that cover the loss of future earning capacity.  Loss of future earning capacity damages describe the “difference” in lifetime earnings potential between your pre-accident self and your post-accident self.  Depending on your age, these damages can be significant — in some cases, it may form the largest portion of your total damages claim. Contact our Doylestown personal injury attorney today to discuss your case. Wage Loss, Earning Capacity, and Projecting Damages Wage loss damages are related to, but not the same as damages for the loss of future earning capacity.  Whereas wage loss measures the actual wages that are unearned due to one’s inability to work (i.e., days taken off due to injury), loss of earning capacity damages measure the difference in one’s wages over the long-term.  In some cases, if the plaintiff is so thoroughly impaired that they are unable to work at all, the loss of earning capacity will be equivalent to one’s lost wages until retirement. Loss of earning capacity damages require a projection of future earnings along two different timelines — one in which you were never injured, and the current timeline.  By doing so, you can (to a degree) accurately compare the two earning potentials.  You will have to project what a lifetime of salary raises, promotions, and bonuses would […]

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Nov 15, 2019 - Doylestown Personal Injury Attorney

Negligent Infliction of Emotional Distress in Pennsylvania

Negligent infliction of emotional distress (NIED) claims are often asserted as supplementary claims in the personal injury context, in Pennsylvania and elsewhere.  For example, if you are injured in a car accident and your relative is killed in the seat next to you, then you could bring a number of different claims against the defendant-driver, including a standard injury cause of action as well as one that is tied to the emotional distress you suffered as a result of the accident. Many first-time plaintiffs are not fully aware of how NIED claims work, however.  Let’s explore some of the basics for clarity. Basics of an NIED Claim In Pennsylvania, plaintiffs may be entitled to damages if they suffer severe emotional distress due to an accident that was caused by the defendant’s negligent acts.  There are a number of specific rules and exceptions that define NIED liability.  Consider the following. Physical Impact Rule Traditionally, Pennsylvania law required (by default) that the NIED plaintiff also been physically impacted in some way by the defendant.  If the plaintiff only suffered emotional distress, then that would not be enough.  As the law progressed, however, several exceptions were carved out. Zone of Danger Liability Zone of danger liability allows an NIED plaintiff to recover damages if they could reasonably argue that they felt a fear of injury due to being in the “zone of danger” near the point of impact.  For example, if a construction team negligently secured a concrete block and it fell on […]

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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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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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Jan 10, 2019 - Doylestown Personal Injury Attorney

What Are Emotional Damages?

If you’ve been injured due to the negligent or wrongful misconduct of another party in Pennsylvania, then you may have a cause of action against the defendant for damages.  These damages may not only compensate you for the financial losses and physical harm that you suffered due to your injuries, but also the emotional harm. Economic and Non-Economic Damages In Pennsylvania, compensatory damages in a personal injury case can be separated into two different categories: economic and non-economic damages.  Economic and non-economic damages are fundamentally different than one another, though they are both critical to securing a full and adequate recovery. Economic Damages Economic damages account for financial losses suffered due to the accident at-issue.  These may include, but are not necessarily limited, to: Lost wages Loss of future earning capacity Medical expenses Property loss And more Due to their more objective nature, economic damages tend to be rather straightforward to prove, though you’ll have to keep copious records to ensure that you have the evidence to support your claims. Non-Economic Damages Non-economic damages account for the physical and mental losses suffered by the plaintiff due to the accident.  These may include, but are not necessarily limited, to: Pain and suffering Mental anguish Stress Embarrassment Humiliation Loss of enjoyment of life And more Due to their more subjective nature, non-economic damages can be difficult to prove, as the defendant may assert that your claim is “outrageous” based on the circumstances.  Because they cannot experience what you are going through, they […]

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Dec 21, 2018 - Doylestown Personal Injury Attorney

Recovering Damages for a Road Crossing Injury

A Doylestown Personal Injury Attorney Can Help Road crossings can be quite dangerous to pedestrians, whether or not the pedestrian is using a crosswalk or is simply making their way to the other side of the roadway without the use of a crosswalk. If you’ve been injured while crossing the road (outside of a crosswalk), then Pennsylvania law may give you a right of action against the defendant-driver for damages, though the lawsuit may be complicated by liability conflicts, such as your own contribution of fault. Right-of-Way and Pedestrian Road Crossings in Pennsylvania In Pennsylvania, right of way in pedestrian crossing scenarios depends on whether the pedestrian used a crosswalk. Crosswalks can be marked and unmarked.  Marked crosswalks are the sort that most people are familiar with — a marked crosswalk may be painted and feature various traffic signals, for example.  By contrast, an unmarked crosswalk exists at any intersection.  Right-of-way rules for both are the same. Crosswalks (Marked and Unmarked) According to Section 3542 of the Pennsylvania Consolidated Statutes, the driver of a vehicle must yield right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk.  Traffic control signals may alter the applicable right of way. Non-Crosswalks If the pedestrian is crossing the roadway at a location that is not a marked or unmarked crosswalk, then the driver has the right-of-way.  In other words, the driver need not yield to the pedestrian. Drivers Must Exercise Reasonable Care Given the Circumstances Even if you — the pedestrian […]

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"Unfortunately, I had a a slip and fall incident and it left me in a situation where I struggled to support my family and I really had no idea what my rights were. Thankfully, someone recommended DHD, specifically Jeremy Puglia, and it was the best decision I could have made. I was able to focus on getting better while he made certain no one took advantage of me or the situation. He listened to what I felt was fair and why, discussed it all with me and fought for me. I would NOT want to be up against him in a court room. Some people were made to defend others and he is one of them for sure!"
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Drake, Hileman & Davis

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