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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Category: Personal Injury
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 […]
Understanding Spinal Cord Injuries
According to the National Spinal Cord Injury Statistical Center (NSCISC), there are roughly 17,000 new cases of spinal cord injuries in the U.S. every year. Since 2010, motor vehicle accidents are the most common cause of spinal injuries (38%). Spinal cord Injuries suffered in car accidents are very serious, and unfortunately far too common. If you have been involved in an accident, be aware of the symptoms, including delayed symptoms, that signal a spinal cord injury after the accident. Seek immediate medical attention and make sure your claim is being handled by the experienced Bethlehem back injury lawyers at Drake, Hileman & Davis. We have the experience and deep understanding of spinal cord injuries and will help you recover all of the compensation you deserve. In fact, if you have been involved in any type of accident resulting in serious injury, or even death, let the Bethlehem back injury lawyers help. According to the Shepherd Center, there are definable types and levels of spinal cord injuries. Types of Spinal Cord Injuries Spinal cord injuries can be divided into two types of injuries: complete spinal cord injuries and incomplete spinal cord injuries. A complete spinal cord injury causes permanent damage to the area of the spinal cord that is affected. Paraplegia and tetraplegia are common results of complete spinal cord injuries. An incomplete spinal cord injury causes partial damage to the spinal cord. The ability to move and the level of feeling depends on the area of the spine that has […]
Common Delayed Injury Symptoms
Accidents can happen to anyone at any time and in any place. Although some accidents result in serious or even fatal injuries, most people walk away from a car accident with only minor injuries. Still, even if you feel unharmed in the immediate aftermath of a crash, your body can have surprising reactions to trauma that delays your response to an injury. Adrenaline can also mask symptoms of injuries from a car accident in the short term. If you’ve been hurt, be sure your claim is being handled by an experienced Doylestown accident lawyer at Drake, Hileman & Davis. We have the experience and understanding of delayed symptoms that will allow you to recover for all of your injuries, not just the immediate ones. Injuries That Are Commonly Delayed After an Accident Delayed symptoms are somewhat unpredictable, both as to type and as to the length of the delay. Some of the most common delayed injury symptoms include: Headaches. After a car accident, headaches can take several days to be noticed and will often not be immediately associated with the accident. You may think nothing of it after a few days and may simply take some aspirin as you normally would and move on with your day. However, headaches can signal a potentially serious problem, like a blood clot on the brain or a serious concussion. It’s best not to ignore them, and if you’re experiencing headaches days or even weeks after an accident, you should see a doctor to […]
Factors That Could Lead to a Large Settlement
Our Allentown Personal Injury Lawyer Can Help You Get the Compensation You Deserve If you’ve been injured in an accident due to the fault of another, then Pennsylvania law may give you a right of action against the defendant. It’s important to understand, however, that successful cases don’t often go to trial — despite public perceptions. The vast majority of disputes are resolved through settlement, thus avoiding the time, expense, and frustration associated with trial litigation. At Drake, Hileman & Davis, PC, our attorneys have decades of experience representing a wide range of injured plaintiffs in Pennsylvania. In many cases, we’re able to secure a favorable result through early settlement. If you’d like to speak to an experienced Allentown personal injury lawyer about your case, call us at 888-777-7098 or send us a message online to schedule a free and confidential consultation today. For now, you may be thinking: what actually influences the dollar value amount that the defendant is willing to settle for? Let’s take a brief look at some of the unique factors that can lead to a larger settlement amount. Highly-Serious Injuries Injuries that are particularly severe — such as loss of limb, blindness, and traumatic brain injury, and other impairments — are likely to be associated with significant damages, as the impact can be quite drastic. The pain and suffering associated with a serious injury is likely to be severe, and there may be consequences for the plaintiff’s social and personal life. Their spouse may leave […]
Recovering Damages for Loss of Earning Capacity
Bethlehem Back Injury Lawyers Working For You Some accidents can lead to debilitating injuries, which may influence the damages that you can pursue in the subsequent personal injury lawsuit. Debilitating injuries — such as serious back issues — can not only lead to severe pain and suffering but may also lead to impairments that make it difficult (if not impossible) to return to the career trajectory that one had pre-injury. For example, if you’re a professional basketball player and you lose leg function in a car accident, then you will no longer have a future as a professional basketball player. This could have significant impacts on your income and must be reflected in the lawsuit’s overall damages. Let’s take a closer look. Loss of Earning Capacity — Proving Impairment In Pennsylvania, “loss of earning capacity” damages track one’s actual, post-injury ability to earn in the future, and compares it to what they could have earned had they never been injured. This can be difficult to establish, and the plaintiff and defendant may disagree vehemently over the numbers. For this reason, it’s important to secure valuable expert testimony, gather all necessary evidence (such as pay stubs), and evaluate all relevant factors: potential for promotions, projected pay for the career path in one’s industry, alternative career paths that may be available to you, average retirement age, the availability of bonuses, pension options, and more. For example, suppose that you injure your back in a car accident. As a result, you can no […]
Winter Driving Safety Tips
According to the Federal Highway Administration (FHWA), over 70 percent of the nation’s roads are located in snowy regions that receive more than five inches of average snowfall every year. Nearly 70 percent of the U.S. population lives in these snowy regions. Snow and ice reduce pavement friction, compromise vehicle maneuverability, reduce roadway capacity, and increase the risk of accidents. Average speeds on arterial roads decline by 30 to 40 percent on snowy or slushy pavement. Freeway speeds are reduced by three to 13 percent in light snow and by five to 40 percent in heavy snow. Heavy snow and sleet can also reduce visibility, as lanes and roadways are obstructed by snow accumulation. 24 percent of weather-related vehicle crashes occur on snowy, slushy, or icy pavement and 15 percent happen during snowfall or sleet every year. Over 1,300 people are killed and more than 116,800 people are injured in vehicle crashes on snowy, slushy, or icy pavement each year. Even more alarming, nearly 900 people are killed and nearly 76,000 people are injured in vehicle crashes during snowfall or sleet every year. Snow and ice increase road maintenance costs, and state and local agencies spend more than 2.3 billion dollars on snow and ice control operations annually. This doesn’t even account for the millions of dollars spent to repair infrastructure damage caused by snow and ice. If you have suffered a personal injury in an accident caused by wintery conditions, contact an Allentown car accident lawyer at Drake, Hileman […]
What is No-Fault Insurance?
Personal injury protection (PIP), also known as “no-fault insurance” may help pay for medical bills, hospital bills, and costs not covered by your health insurance company If you’ve been injured in an auto accident. PIP covers medical expenses no matter who is at fault. It can often include lost wages as well. Depending on the state where you live, PIP may be available as insurance coverage or as a required policy add-on. This coverage could help even if you’re not in your car. So, for example, if you’re injured by a car while walking down the sidewalk or riding your bike, or even riding in someone else’s car, PIP may have you covered up to the limits you choose, depending on the state. PIP coverage is considered a first-party benefit; i.e., you receive compensation directly from your own insurance company if you are involved in a car accident. In contrast, third-party benefits are those that are paid to injured parties by the other driver’s insurance company. If you have suffered a personal injury in an accident, contact an Easton accident attorney at Drake, Hileman & Davis to see what kind of compensation you are entitled to. Which States Are PIP/No-Fault Insurance States? States come in three varieties: those states where PIP is required, those states where PIP is offered but not required, and those states where PIP is not available. The states where PIP is required include: Arkansas Delaware Florida Hawaii Kansas Kentucky Maryland Massachusetts Michigan Minnesota New Jersey New […]
Historically Large Catastrophic Injury Verdicts
Injury verdicts can result in astronomical money awards, especially when a person has suffered severe and life-altering injury and the company responsible acted particularly reprehensible and appears at trial to be arrogant and unsympathetic. If you have suffered a personal injury, contact a Doylestown personal injury attorney at Drake, Hileman & Davis to see what kind of compensation you are entitled to. Historically Large Verdicts Some of the largest verdicts in history include: $150 Billion. In a nearly unbelievable case of child torture, an eight-year-old boy was sexually assaulted by a teenager, doused in gasoline, and set on fire. Although the boy initially survived, 99% of his body was covered in burns. He died shortly thereafter from skin cancer that doctors believed was connected to the fire. A sympathetic jury awarded the boy’s family $150 billion in a civil wrongful death lawsuit, which was, unfortunately, a symbolic victory because of the defendant’s lack of resources. $145 Billion. In 2000, a jury awarded $144.8 billion to a class of cigarette consumers who had brought personal injury claims against Philip Morris, R.J. Reynolds, and several other cigarette manufacturers. The Florida Supreme Court upheld a decision that threw out the judgment and voided what had been the largest punitive award by a jury in U.S. history, saying the jury award was “excessive as a matter of law.” $28 Billion. A Los Angeles jury handed down a $28 billion award in favor of Betsy Bullock, a lifelong smoker who had sued R.J. Reynolds after […]
OH DEER, IT’S THAT SEASON AGAIN: Six tips to avoid striking a deer and what to do if you do
With the opening of bow season last month, together with greater activity due to mating season, we need to be reminded that deer accidents are most common from October through December. Today there are an estimated 1.5 million deer in Pennsylvania. November is the month in which you are most likely to have a deer-related collision. If you drive in Pennsylvania, you have a 1 in 70 chance of being involved in a deer-related accident. Only in West Virginia and Montana do you have a greater chance of striking a deer with your vehicle. The most common time to strike a deer is between 6 PM and 9 PM and unfortunately deer kill approximately 120 people each year. So what can you do to be safer on the road during this season? Here are six tips. 1) Remember that deer travel in groups. If one deer successfully crosses the road in front of you, be sure to be looking for others that are soon to follow. Most people miss hitting the first deer they see and hit the second one. 2) Travel with a heightened state of awareness during this season. While deer cross roads at all hours of the day, they are more active at dusk and at dawn. If you are traveling when it is dark, use your high-beams as much as possible in order to see as much of the sides of the roadway as possible. Be aware of areas where you have seen deer […]
