Resources

Category: Doylestown Personal Injury Attorney

Sep 28, 2018 - Allentown Car Accident Lawyer

RAIN, RAIN, GO AWAY: Hydroplaning and How to Avoid It

  Given the almost daily deluge of rain we have been experiencing, hydroplaning is a very real problem for which all drivers must be prepared. Hydroplaning occurs when the vehicle’s tire-to-road traction becomes separated by water. This grip separation results in a loss of control (braking and steering), which can result in a violent accident. While hydroplaning can happen on any wet road surface, tire tread, tire inflation and speed are the key factors in causing hydroplaning to occur. According to the American Automobile Association, “when driving through just one-twelfth of an inch of water, each of your tires has to displace one gallon of water per second.” So, when the road surface is wet, you need to choose an appropriate speed that will displace enough road surface water, that allows your vehicle to maintain proper traction.  “At 30 mph or less, properly inflated tires with good tread will maintain contact.” While low tire pressure causes the tread to “squeeze together, narrowing the tread channels and reduces the tire’s ability to wipe or channel away water,” even with good tread and properly inflated tires, a vehicle can begin to hydroplane at speeds above 35 mph.   Below are six tips every driver should remember when driving on a wet surface. Avoid driving in the outer edges of a roadway. Most roadways have a slight “crown” in the middle of the road which causes water to accumulate on the edge of the roadway. Try to stay more toward the middle of […]

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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 24, 2018 - Doylestown Personal Injury Attorney

The Collateral Source Rule: Recovering for Medical Expenses After Reimbursement

If you have been seriously injured in an accident that resulted from the negligent, reckless, or wrongful misconduct of another party, then Pennsylvania law may give you a right of action to sue and recover damages for the suffered losses.  Many plaintiffs with legitimate claims are concerned about their right of recovery, however, given the likelihood that many of their losses will be reimbursed thanks to their insurance coverage. Simply put, injured plaintiffs may be confused as to whether they are entitled to damages if the losses giving rise to such damages are actually covered by a third-party source (i.e., through insurance or other benefits).  For example, if you are injured in a slip-and-fall accident, then you may have significant medical expenses — perhaps $300,000 in total, considering various treatments and surgeries and rehabilitative engagements over a multi-year period.  Now, what if all your medical expenses were covered by your insurer?  In total, then, your out-of-pocket medical expenses would be zero.  Claiming the pre-reimbursement expenses as a loss is entirely within your rights as an injured claimant, but this can be confusing for first-time plaintiffs. Pennsylvania imposes the collateral source rule, which — as in many other states — heavily favors the injured plaintiff by prohibiting the introduction of evidence regarding third-party reimbursements and benefits that cover the losses at-issue. Let’s take a look at the basics for a clearer understanding. Basics of the Collateral Source Rule in Pennsylvania Stated succinctly, the collateral source rule prevents the introduction of evidence […]

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Aug 10, 2018 - Car Accidents

What Happens If You Are Injured by an Uninsured Driver?

In Pennsylvania (and elsewhere), the risk of encountering an uninsured or underinsured driver is rather high.  According to a report conducted by the Insurance Information Institute, roughly 13 percent of motorists across the United States at-large lacked insurance coverage altogether, not accounting for a significant portion of motorists who have minimal insurance coverage that would likely be inadequate to cover all losses sustained in a serious motor vehicle accident. Uninsured and underinsured motorists expose injury victims to a substantial damage recovery problem.  If the defendant does not have adequate insurance coverage to resolve your various losses, then you could be left without the means with which to be compensated — for example, if you have $100,000 in medical expenses, and the defendant-driver only has $50,000 in total insurance coverage, then you may be forced to resolve the difference on your own (out-of-pocket). If you find yourself involved in an accident with an uninsured or underinsured driver, don’t be alarmed.  All is not lost.  With the assistance of a qualified attorney, there are alternative strategies that can be pursued to maximize the possibility of a full recovery, even in situations where the defendant-driver is uninsured or underinsured. Obtaining a Lien on Personal Assets It’s possible — though administratively challenging — to sue an uninsured or underinsured defendant and obtain a successful verdict or settlement, and thereby secure a lien against their personal assets to compensate you for your losses.  This is a realistic choice in situations where the defendant-driver has significant […]

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Oct 30, 2017 - Allentown Car Accident Lawyer

Small Cars Can Come With Big Risks

    When Purchasing a Car, Safety Should Be A Priority. As Personal Injury Attorneys, at Drake, Hileman & Davis, we often see the difference 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. The Insurance Institute for Highway Safety (“IIHS“) found that some of the smallest cars have the highest death rates during car accidents.  Chuck Farmer, President of IIHS, has stated, “If you hit something bigger than you, you are more likely to die . . .   Physics matter. The bigger the vehicle, the safer you are in an accident.”  Specifically, an IIHS’ study found that the Hyundai Accent had the most accident deaths (104), between 2012 to 2015, out of the 208 models of cars that were analyzed. Other small cars, such as the Kia Rio, Scion tC, Chevrolet Spark, and Nissan Versa also ranked very high for deadly car accidents.[1] Hyundai defended its Accent, saying, “The Hyundai Accent meets or exceeds all Federal Motor Vehicle Safety Standards set by the U.S. government and performs well in various safety tests and is rated a 4-star overall by NHTSA (National Highway Traffic Safety Administration).” [2] Bigger is Actually Better  While meeting certain safety standards is a minimum, there is no question that larger cars perform much better than smaller vehicles,  in automobile accidents. Cars like the Jeep Cherokee, Mazda […]

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Apr 11, 2017 - Articles

Sharing the Road: Six Tips for Motorists and Cyclists From a Personal Injury Lawyer

As a Doylestown personal injury attorney, this time of year brings with it awareness of an increased number of bicycles riders out on the country roads of Bucks County. Sharing the road with bicyclists, whether riding alone or as part of a cycle club, can be a challenge for many motor vehicle drivers. We thought this would be good time for both drivers and riders to be reminded of several tips in order to avoid accidents involving bicycles. Tips For Sharing the Road 1. Remember that operators of pedalcycles, including bicycles, when ridden on public roads have the same rights and responsibilities as drivers of motor vehicles. While cyclists cannot ride on freeways (limited access highways), they can on all other roads. Moreover, while cyclists have to ride on the right side of the road, they do not have to ride on the far right or shoulder of the road, unless they are moving slower than the prevailing speed of traffic at the time. Cyclists are not permitted to ride more than two abreast on any roadway. 2. Motor vehicle operators should always reduce their speed when approaching and passing a cyclist. Allow a sufficient amount of space, at least 3 feet or more between your vehicle and a cyclist. Be especially careful when approaching a hill or incline. Wait to pass a cyclist, only after you have determined that you can adequately see approaching traffic and yield appropriately. Always allow for an adequate distance when merging back into the desired […]

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