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Category: Easton Car Accident Lawyer

Feb 23, 2021 - Easton Car Accident Lawyer

Driving Safely With a GPS

Distracted driving includes a wide variety of distracting activities. When you discuss distracted driving, you most commonly think of texting, talking on your phone, or turning around to speak to your kids or other passengers. Nonetheless, any time a driver’s attention is taken away from driving and focused on something else, the driver is indeed distracted, and the odds of an accident increase dramatically. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 2,841 lives in 2018 alone. Among those killed: 1,730 drivers, 605 passengers, 400 pedestrians, and 77 bicyclists.  Using a GPS while driving is a very common distracted driving behavior. If you’re improperly using your GPS and cause an accident, you risk liability for damage and injuries. If you’ve been involved in a distracted driving accident, let an Easton car accident lawyer at Drake, Hileman & Davis help. Why is Using a GPS Considered Distracting? Drivers tend to look down at their GPS or otherwise interact with the device while driving. Drivers who use their phones as GPS devices may also be tempted to use the device for other reasons, such as checking or sending an email or checking or sending a text message. Drivers can always avoid using their phones while driving; even if there is an emergency call or message, they can always find a safe place to pull over and deal with the emergency. But using a GPS is often a necessary task. How can drivers safely use a GPS while operating […]

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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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Dec 8, 2020 - Easton Car Accident Lawyer

Who Can You Sue in a Truck Accident Dispute?

Let Our Easton Accident Attorney Help If you’ve been injured in a truck accident, then Pennsylvania law may entitle you to sue and recover damages as compensation — but who, exactly, are you entitled to sue?  It may seem obvious to sue the driver, but there are potentially other defendants who are contributed to the accident and are therefore responsible for your injuries. Suing multiple defendants is an excellent strategy for when a single defendant might not have the financial wherewithal (or insurance coverage) necessary to pay out your damages in full.  In those circumstances, it’s important to explore other defendants who have the resources necessary to cover your losses. Let’s take a closer look. The Truck Driver If the truck driver was negligent, reckless, or even intentionally caused the accident, then you may sue them directly. Truck drivers may have personal insurance coverage that can cover their losses, but it’s worth noting that truck accidents tend to be more severe than other motor vehicle accidents — as such, your damages may be significant, and may not be properly covered by a cheap insurance policy. The Trucking Company If the truck driver was employed and was acting within the course and scope of their employment, at the time of the accident, then you may have a right of action against their employer — the trucking company.  You need not prove that the trucking company was negligent to impose liability.  This is known as the doctrine of vicarious liability — an […]

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Oct 2, 2020 - Easton Car Accident Lawyer

Liability for Road Defects

Pennsylvania offers a full four-season year: crisp springs, hot summers, moderate falls, and sometimes brutally cold winters. This is part of Pennsylvania’s charm and what makes it such an attractive place to live. Unfortunately, this very same variety of seasons can be very hard on Pennsylvania’s roadways, even if they are consistently maintained. Potholes, crumbling roadsides, and other roadway defects are commonplace on Pennsylvania’s roadways and are responsible for numerous accidents and other types of damage to vehicles. When a road defect causes injury to you or damage to your vehicle, you may need to seek compensation from government agencies and other organizations responsible for the road’s design and maintenance to cover these injuries or damages. If you have been injured or suffered damage because of roadway defects, contact an Easton car accident lawyer for help. Types of Road Defects Many auto accidents are attributable to defective or poorly designed and/or maintained roads and bridges. Some of the most common issues include: Defective Road Design. Sometimes roads are simply poorly designed. Sharp turns, crowded intersections, congested areas, water run-offs, and other design issues can lead to dangerous road conditions for drivers. The government has a responsibility to design safe roads and highways for drivers. Lack of Proper Traffic Signals. Missing stop signs, traffic lights, and other signage to alert drivers about dangerous conditions present drivers with unnecessarily dangerous conditions. Improperly marked construction zones and malfunctioning traffic signals contribute to these dangers. Poor Road Maintenance. Poorly maintained roadways are probably the […]

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Jul 2, 2020 - Easton Car Accident Lawyer

Rear-End Collisions

According to an article in the Washington Post, there are approximately 1.7 million rear-end collisions on U.S. roadways each year. About 17,000 people die in such collisions and another 500,000 are injured. According to the Insurance Information Institute’s Facts + Statistics, rear-end collisions account for approximately 7.2% of fatal crashes. About 29% of all vehicle collisions are rear-end collisions, making this the most common type of collision. Many of these rear-end collisions can be avoided by vehicle drivers. If you have been injured in a rear-end collision, an Easton accident attorney can help. Who Is At Fault In a Rear-End Collision? Most people believe that the driver of the following car, with collision damage to the front end of the vehicle, is automatically at fault in a rear-end collision. This is often true, in that the driver of the following car will be assigned at least some, and quite often all, of the fault.  The reasoning behind assigning fault to the driver of the following car is that such drivers are following too closely for the conditions. All drivers have a legal duty to follow at a safe distance, even considering adverse weather conditions or the sudden recognition of an object in the road by the lead driver, requiring quick and severe braking. Driving too closely to the car in front of you is often referred to as “tailgating.”  Still, at least partial fault may be assigned to the driver of the leading car under certain circumstances, such as: Suddenly […]

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Apr 22, 2020 - Allentown Car Accident Lawyer

IF A TREE FALLS IN THE FOREST AND . . .

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, […]

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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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Feb 14, 2019 - Car Accidents

First-Party Insurance Claims and Uninsured Defendants

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 guiding […]

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