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Category: Easton Car Accident Lawyer

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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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 […]

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Sep 12, 2018 - Car Accidents

Dram Shop Liability in Pennsylvania

Under Pennsylvania law — and in some other state jurisdictions — those who have been injured in a car accident by a drunk driver defendant may also be entitled to bring an action against the business or individual who provided alcohol to the intoxicated driver.  This is known as “dram shop liability” and the contours of such liability can be rather confusing for the plaintiff unaccustomed to or otherwise unfamiliar with the law in this respect. Let’s take a brief look at how it works. Business Liability Commercial and non-commercial parties are subject to different dram shop liability standards under the law.  In Pennsylvania, alcohol vendors — businesses — that furnish alcohol to visibly intoxicated individuals may be held liable for the injuries that the intoxicated person subsequently causes. For example, if you are injured in a car accident that was caused by a drunk driver defendant, and you later discover that the driver was furnished alcohol by a bartender (despite being clearly and visibly intoxicated at the time), then you may be entitled to sue and recover damages from the bar itself. Importantly, Pennsylvania law also imposes dram shop liability on businesses that furnish alcohol to individuals in violation of some other liquor regulation.  This is a rather common scenario, in fact, and will give you an opportunity to recover damages from the business defendant even when they did not furnish alcohol to a visibly intoxicated individual. For clarity, consider the following. Suppose that a liquor shop furnishes alcohol […]

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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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Mar 28, 2018 - Easton Car Accident Lawyer

Securing Compensation in a Personal Injury Lawsuit Against Multiple Defendants

Popular media has created a perception of civil litigation as a one-on-one game, of sorts, in which you aggressively and exclusively pursue a single defendant.  This does not reflect the reality of litigation, however.  In many personal injury cases, there is more than one defendant who is responsible for your injuries (and who is therefore liable for damages). Suppose that you are injured in a motor vehicle collision.  Upon first impression, you may believe that the defendant-driver is the “lone defendant,” and is solely responsible for your injuries.  After the case has been more thoroughly investigated, however, you may discover that your own car was defectively designed and therefore contributed substantially to your injuries.  You would be entitled to sue both the manufacturer and the driver for damages. Multiple defendants necessarily complicate a lawsuit, but it’s worth noting that suing multiple defendants can be advantageous, too — not every defendant has sufficient assets or liability insurance coverage to pay your damages in full.  By introducing additional parties into the lawsuit, you might gain access to defendants who have the means to pay your damages, at least partially. Pennsylvania law on shared liability (and compensation) between defendants has changed dramatically in recent years.  If you’re bringing a lawsuit against multiple defendants in Pennsylvania, it’s important to have a basic understanding of the rules and how it may affect your recovery. The Old Compensation Rules in Pennsylvania In the past, Pennsylvania implemented pure “joint and several liability,” which heavily favored injured plaintiffs.  […]

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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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