In Pennsylvania, and elsewhere, prospective injury claimants are often uncertain about their right of recovery under the law and how it is effected by their own behavior at the time of the precipitating incident. Someone who slips and falls on another’s property, thus suffering an injury that was later worsened by a failure to seek medical attention in a reasonable time-frame after the accident, would not necessarily be entitled to recover full damages, given the circumstances surrounding the injury. There are numerous instances in which the injured plaintiff contributes — in some way — to their own injuries. Comparatively few cases are such that the plaintiff escapes unscathed from the perspective of fault contribution. In challenging personal injury scenarios, it is often the case that the plaintiff acts “unreasonably” and “negligently” too. We therefore arrive at a critical question: can you recover for your injuries, even if you are somewhat responsible? The answer is rather simple, actually, but requires an understanding of the principle of modified comparative negligence. Modified Comparative Negligence in Pennsylvania Pennsylvania lawmakers encoded the principle of modified comparative negligence in section 7102 of the Pennsylvania Consolidated Statutes. The principle establishes very specific and straightforward rules for a plaintiff’s recovery in the event of contributory fault. Put simply, an injured plaintiff in Pennsylvania will not be barred from suing and recovering damages from the defendant(s), but only if the plaintiff contributed less than fifty percent of the total fault. In other words, the plaintiff must be “less negligent” […]
Resources
Category: Personal Injury
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 […]
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 […]
Pedestrian Safety
Each year thousands of pedestrians are injured and killed in accidents with vehicles. These accidents are tragic but often preventable. Drivers and pedestrians need to take steps to ensure everyone’s safety. Contact an Allentown injury law attorney at Drake, Hileman & Davis, PC today by calling 888-777-7098 if you or a loved one has been injured or killed in a pedestrian-related accident. Pedestrian Injury Statistics The statistics surrounding pedestrian-related vehicle accidents are extremely sobering. A recent survey conducted by the U.S. Department of Transportation’s National Highway Traffic Safety Administration found sobering statistics relating to pedestrian accidents. In the year surveyed: There were 4,735 pedestrians killed in traffic. On average, a pedestrian was killed every 2 hours and injured every 8 minutes in crashes. Pedestrian deaths accounted for 14 percent of all traffic-related deaths. 26 % of pedestrian fatalities occurred in the evening hours. 69% of the pedestrians killed in traffic crashes were males. Alcohol involvement (driver and/or the pedestrian) was reported in 49% of all fatal accidents. Unfortunately, the survey also found that one-in-five of the pedestrians killed were struck in crashes that involved hit-and-run drivers. These statistics make it clear that pedestrians must take steps to protect themselves. Please contact one of the personal injury attorneys at Drake, Hileman & Davis, PC today if you have been injured in a car accident. Getting us involved early in the process is critical to ensuring you get full compensation for your injuries. How Can Pedestrians Protect Themselves? The Centers for Disease […]
Surgical Instruments Left Inside Patients
In the U.S., medical malpractice – the reckless or negligent actions of medical professionals – results in thousands of serious injuries and even deaths each year. Shockingly, each year medical instruments are left inside of surgical patients: this is a serious act of malpractice. Contact the Easton personal injury law firm of Drake, Hileman & Davis, PC today at 888-777-7098 if you have been injured due malpractice of a medical professional. How Often are Medical Instruments Left Inside Patients During Surgery? Unfortunately, medical instruments are left inside of patients far too often. A CBS News article reported that in the U.S. an estimated 800 people had surgical devices left in them between 2005 and 2013. Another article released by the Associated Press gave the following examples: A man in Ohio had two surgical towels left in his body after surgery at a Veterans hospital. The man won a $275,000 settlement. California regulators fined a hospital in that state $50,000 for leaving a towel in a patient after abdominal surgery. A Kentucky jury awarded a woman $2.5 million after she required surgery to remove a sponge left inside her after a hysterectomy three years earlier. Unfortunately, part of her small intestine had to be removed. These are just a few examples. Surgical professionals must take reasonable steps to ensure that instruments are not left inside of patients after surgery. Sponges, towels, sharp instruments and other items used during a surgery can cause infections, internal bleeding and other serious complications if left […]
Defective Product Liability Defenses
There are several different ways in which a company will attempt to defend itself if one of its products has harmed someone. We understand these defenses and what is needed to show they do not apply. Contact an Allentown injury law attorney at Drake, Hileman & Davis, PC today to discuss any injuries you may have suffered from an unsafe or defective product. What is a Defective Product Liability Defense? In a courtroom each party attempts to prove (or disprove) certain facts. For example, the plaintiff party will try to show that the company that manufactured or distributed the product knew (or should have known) that the product was unsafe for its intended purpose. On the other hand, the defense party will try to show that something or someone else was the cause of the injury in question. We work for the injured. It is our job to ensure that you and your family get the compensation that they deserve for the injuries that you have suffered. We believe that your family’s safety should always be placed in front of corporate profits and that is why we fight hard for you. What Are the Different Types of Defective Product Liability Defenses? There are several major defective product liability defenses. Each has a unique legal attributes that the attorneys at Drake, Hileman & Davis, PC have dedicated their careers to understanding. Below is a summary of those defenses. Contact us today if you have any questions or concerns. Statute of Limitations. […]
Dangerous Toys
Manufactures and distributors of dangerous or defective toys may be responsible for the injuries those toys cause. Those profiting from the sale of a toy must place the safety of a child first. Contact a Bethlehem accident attorney at Drake, Hileman & Davis, PC today at 888-777-7098 if your child has been injured while using a dangerous or defective toy. Recent Toy Recalls and Toy Recall Statistics The U.S. Consumer Product Safety Commission (CPSC) keeps a list of toys that are undergoing a recall due to their dangerous or defective nature. Here are some of the most recent recalls: Moose Toys Recalls Toy Frogs. These toys were found to be projectile hazards and leaked toxic chemicals. The defective toys resulted in at least two injuries severe enough to require an emergency room and doctor’s office visits for eye issues. Chicken Toys Recalled by Bingo Deals. These toys were found to be a choking hazard for children. Alex Toys Recalls Infant Building Play. These toys – which were marketed for infants – have been recalled because they present a serious risk of chocking to infants. CPSC also complies reports on toy-related injuries and deaths. For example, during the 2015 year, the CPSC received 11 reports of toy-related deaths among children younger than 15 years old (10 of the 11 victims were younger than 12 years of age). Riding toys were associated with 45 percent of the reported deaths (all of the riding toy deaths were due to motor vehicle involvement). The […]
Can a Hospital Refuse to Treat or Admit?
Hospitals generally have a duty to help those who are injured and suffering. Hospitals that refuse to treat or admit the injured and the ill may be responsible for any further harm. Contact a Doylestown accident attorney at Drake, Hileman & Davis, PC today at 888-777-7098 if you or a loved one was denied treatment by a hospital. Why Would a Hospital Refuse to Admit or Treat? Hospitals are not required to treat every patient that seeks medical help. Unfortunately, hospitals operate as businesses. Treating patients – especially the uninsured – is expensive. Therefore, hospitals make business decisions in relation to how (and even if) a patient should be admitted or treated. Other reasons a hospital may choose not to admit or treat include: The facility does not have the appropriate medical staff or equipment to treat the illness or injury. The hospital has limited resources and cannot possibly manage all cases that come to it. The facility has reason to believe that the patient would be better served at another hospital. There are, of course, inappropriate reasons that a hospital may deny you treatment. A hospital cannot deny you treatment because of your age, sex, religious affiliation, and certain other characteristics. You should always seek medical attention if and when you need it. In some instances, hospitals can be held liable for injuries or deaths that result from refusing to admit or treat a patient. When Can a Hospital be Liable for Injuries Caused by Refusing to Admit or […]
ATV Safety
All-terrain vehicles (known as “ATVs”) come in all shapes and sizes. They are powerful machines capable of traveling over rough terrain at high speeds. ATVs are also extremely dangerous. Safety should be paramount to ATV drivers and passengers. Reckless or negligent operation of an ATV can lead to catastrophic injury and even death. Contact one of the Allentown injury law attorneys at Drake, Hileman & Davis, PC today at 888-777-7098 if you or a loved one has been injured or killed in an ATV accident. How Dangerous are ATVs? According to the U.S. Consumer Product Safety Commission (CPSC), “there are more than 700 deaths and 100,000 injuries each year involving ATVs.” ATVs are very dangerous to operate and riders must always exercise extreme caution when doing so. In its 2015 Annual Report of ATV-Related Deaths and Injuries, the CPSC found the following: There were 340 ATV-related fatalities in 2015, 547 in 2014, and 581 in 2013. Of the ATV-related fatalities reviewed, 22 percent of the fatalities were children age 16 or younger. In 2015, there were an estimated 97,200 ATV-related, emergency department-treated injuries. The age group of 55 and older was the only group to see statistical increases from 2014 to 2015. These statistics suggests that while ATVs can be dangerous to anyone, younger and older riders are more vulnerable to ATV-related injury or death. What Steps Can My Family Take to Remain Safe While Using ATVs? The CPSC has issued guidelines that should be followed to make the operation […]
Railroad Crossing Liability
Railroad crossings are extremely dangerous. An unloaded train can weigh hundreds of tons and the weight can increase significantly depending on the type of cargo being hauled. Defects in crossing safety devices (such as the tracks, guards, warning signs, etc.) and human error can all lead to catastrophe. Contact a Doylestown accident attorney today if you or a loved one has been injured or killed at a railroad crossing. Railroad Crossing Defects A railroad crossing is supposed to be a safe place for vehicles to cross railroad tracks without coming into contact with trains. A properly functioning railroad crossing should indicate to vehicle drivers when it is safe to cross the tracks. Crossings may have many different types of safety features, such as: Crossing Guards. Bars or gates that prevent the flow of traffic across a railroad are a common type of safety mechanism. However, there are times when the crossing guard may become damaged or otherwise work improperly. Lights and Signs. Many railroad crossing have lights and signs to help assist vehicles safely across the tracks. As with crossing guards, lights and signs can become damaged or work improperly creating a very dangerous situation. Contact one of the experienced personal injury attorneys at Drake, Hileman & Davis, PC if you or a loved one has been injured or killed at a railroad crossing due to crossing defects. Train Malfunctions Trains can travel at extremely high-rates of speed and carry incredibly large loads. This makes them “speeding bullets” that can […]
