Resources

This Sunday, most of us will be “springing forward” one hour.  In the week that follows this change, the loss of an hour due to daylight savings time, has been linked to increases in car accidents, medical errors, hospital admissions and heart attacks. According to a recent 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 over the six days following the March time change.

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When Purchasing a Car, Safety Should Be A Priority. As Personal Injury Attorneys, at Drake, Hileman & Davis, we often see the difference that 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.

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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?

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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.

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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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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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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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  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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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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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, […]

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