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Using Experts to Strengthen Your Injury Claim
If you’ve been injured in an accident that was caused by the negligence, recklessness, or intentional misconduct of another party, then Pennsylvania law may give you a right to sue and obtain compensation for the losses that you suffered. Before you move forward with your claims and bringing a lawsuit against the defendant for damages, however, you should probably be aware of the importance of expert witness testimony to successful litigation in many personal injury disputes. Here at Drake, Hileman & Davis, PC, we work with reliable experts who have helped us secure substantial results in the past. Our close connection with expert ensures that we are “on the same wavelength” from a case strategy standpoint, and that we can guide the expert witness to produce reliable testimony that is less likely to be undermined by opposing counsel. Let’s take a closer look. The Value of Expert Testimony Expert witnesses are quite different from eyewitnesses. Unlike eyewitnesses, expert witnesses typically did not observe the accident at-issue firsthand. Expert witnesses are those who are introduced into litigation to testify as to issues and facts that are related to some “special knowledge” that they possess regarding a particular field. For example, an auto industry engineer might be brought in to testify as to the expected tolerances for the roll cage of a vehicle (with regard to the force of impact it is capable of sustaining). Expert witness testimony is quite valuable in the personal injury context to help establish certain standards or […]
A Doylestown Personal Injury Attorney Can Help Road crossings can be quite dangerous to pedestrians, whether or not the pedestrian is using a crosswalk or is simply making their way to the other side of the roadway without the use of a crosswalk. If you’ve been injured while crossing the road (outside of a crosswalk), then Pennsylvania law may give you a right of action against the defendant-driver for damages, though the lawsuit may be complicated by liability conflicts, such as your own contribution of fault. Right-of-Way and Pedestrian Road Crossings in Pennsylvania In Pennsylvania, right of way in pedestrian crossing scenarios depends on whether the pedestrian used a crosswalk. Crosswalks can be marked and unmarked. Marked crosswalks are the sort that most people are familiar with — a marked crosswalk may be painted and feature various traffic signals, for example. By contrast, an unmarked crosswalk exists at any intersection. Right-of-way rules for both are the same. Crosswalks (Marked and Unmarked) According to Section 3542 of the Pennsylvania Consolidated Statutes, the driver of a vehicle must yield right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk. Traffic control signals may alter the applicable right of way. Non-Crosswalks If the pedestrian is crossing the roadway at a location that is not a marked or unmarked crosswalk, then the driver has the right-of-way. In other words, the driver need not yield to the pedestrian. Drivers Must Exercise Reasonable Care Given the Circumstances Even if you — the pedestrian […]
Contact an Easton Slip and Fall Attorney Today For Assistance Though slip-and-fall accidents are commonplace — in Pennsylvania and elsewhere — many injured plaintiffs are unaware of how such lawsuits work, or the particular challenges that they are likely to face as they move forward with litigation. In the slip-and-fall context, the frequency with which the defendant conducted floor inspections may have a significant impact on whether you can successfully prove that they are liable for your injuries. Let’s take a closer look. Slip and Fall Basics Slip-and-fall accidents come under the umbrella of premises liability claims. In the state of Pennsylvania, liability will attach to those who exercise control or possession over a given property if the plaintiff is injured due to a dangerous condition of property (i.e., a slip-and-fall hazard). For example, if the plaintiff slips on a water spill at a retail store, then that would qualify as a hazard that could expose the defendant (the store owner) to potential civil liability and damages. Now, as a plaintiff, your slip-and-fall claim may be met with various defenses. Depending on the circumstances, the defendant is likely to argue that they did not know about the dangerous condition of property (i.e., the slip-and-fall hazard) that caused you to be injured. Knowledge is a critical consideration in the slip-and-fall context. If the defendant did not have knowledge of the hazard, then they can avoid liability. Importantly, however, the defendant’s ignorance is not a complete defense. If you can show that […]
Let an Allentown Dog Bite Attorney Help If you’ve been injured by a dog in Pennsylvania, then you may be entitled to significant compensation under the law. It’s important to understand, however, that your ability to recover may be affected by the qualification of the dog itself — if the animal qualifies as a “dangerous dog,” then the owner can be held absolutely liable (i.e., must pay full compensation) for the damages incurred by their dog during the attack. Curious how it works? Let’s explore the basics. Defining a Dangerous Dog Under Pennsylvania Law In Pennsylvania, dog owners are strictly liable for the medical expenses incurred by those who are injured by their dogs. If the dog showcases “dangerous propensities” or is a “dangerous dog,” however, then the owner may be held fully liable for all the damages caused. A dangerous dog is one who has: Inflicted severe injury on a human being or domestic animal without provocation; Attacked a human being without provocation; Been used in the commission of a crime; A history of attacking human beings and/or domestic animals without provocation; or A propensity to attack human beings and/or domestic animals without provocation. Even a single attacking event may be sufficient to establish a propensity that qualifies the dog as “dangerous” under the law. The bar is not particularly high to establish that the dog was “dangerous.” In Pennsylvania, it is enough to show that the dog rushed at others in a vicious manner (requiring the owner to […]
Allentown Injury Attorney In Pennsylvania, the statute of limitations for most personal injury claims — unless the defendant is a “public” employee or entity, in which case a separate, stricter set of procedural rules apply — is just two years from the date of injury. The statute of limitations is essentially a deadline for one’s lawsuit. Failure to bring an action against the defendant before the deadline passes will result in an abandonment of the claims therein. Simply put: you will lose your right to litigate your injury dispute in a Pennsylvania court of law should the deadline pass before you file your claims. There are numerous exceptions to the statute of limitations, however, which can give you extra time. The Discovery Rule is one such exception, and it is significant. If the injuries you sustained due to an accident were hidden or otherwise non-obvious, then there’s a good chance that the Discovery Rule is applicable to your lawsuit. Let’s take a closer look at how it works. How Does the Discovery Rule Work? According to the Pennsylvania Supreme Court, the Discovery Rule provides that “where the existence of the injury is not known to the complaining party and such knowledge cannot be reasonably ascertained within the prescribed statutory period, the limitations period does not begin to run until the discovery of the injury is reasonably possible.” Stated another way, the statute of limitations period will not begin to count down until the plaintiff either becomes aware of the injury […]
If you’ve been injured in a motor vehicle accident — car, truck, or motorcycle — in which the accident was caused by the defendant’s negligence in making an unsafe lane change, then you may be entitled to damages as compensation for your losses. Pennsylvania law imposes liability on defendants who fail to exercise reasonable care when operating their vehicles on roadways, including those engage in unsafe activity relating to lane changes. Let’s take a closer look. General Rules for Lane Changes in Pennsylvania Section 3334 of the Pennsylvania Consolidated Statutes defines the general rules applicable to turning movements and required signals. According to statutory law, a person is prohibited from turning their vehicle or changing lanes unless and until the movement can be made with reasonable safety nor without giving an appropriate signal. Reasonable Safety Whether the lane change can be made with “reasonable safety” is dependent on the circumstances. For example, if there is more than 50 feet available in the next lane, and the vehicles around said space are moving at a constant speed, then the defendant might arguably make a safe lane change into that 50-foot space. On the other hand, if there is only 10 feet available and there is a good chance that — by making the lane change movement — the defendant will strike another vehicle, or otherwise force others to come to a sudden stop to avoid a collision, then the lane change would likely be deemed unreasonable. Signal Requirements In Pennsylvania, all […]
Car Accident FAQs
If you’ve been injured in a car accident and can demonstrate that the defendant caused you to suffer harm due to his or her negligent, reckless, or wrongful conduct, you may be entitled to recover significant damages as compensation. Car accident litigation can involve many variables, depending on the circumstances. Though some lawsuits can be resolved in a straightforward manner, others may involve complicated issues of liability, such as splitting fault between multiple co-defendants and establishing potential employer liability or manufacturer liability (for product defects). Given the fact that car accident litigation — and personal injury disputes in general — can be inherently unpredictable, it’s important that you work with a team of attorneys who are capable of dynamically responding and adapting to changing circumstances over the course of a lawsuit. We encourage you to contact an experienced attorney or assistance with your car accident claims. Frequently Asked Questions (FAQs) Q: Is there a deadline for pursuing a car accident lawsuit? A: Yes, there is, though it may vary from jurisdiction to jurisdiction. In some states, the statute of limitations deadline for personal injury claims is two years from the date of injury, whereas in others, the deadline may be three years. Regardless of the specific length of the deadline, however, if you do not file your lawsuit before the deadline passes, then your case will no longer be actionable in a court of law. It’s worth noting that if the defendant is a public entity or employee, then your […]
Recovering Damages for an Assault
If you’ve been intentionally injured by another person in Pennsylvania, then they may not only be criminally liable for having committed assault, but also civilly liable for the damages they caused you to suffer as a result of their actions. Many people do not realize that they are entitled to bring a civil action — independent of State prosecutors’ criminal case — against the individual(s) who assaulted them. This civil action is important, as it may give the injured plaintiff access to financial resources that covers their losses. For example, if you are badly injured in an assault and is thereby forced to resign from your position (due to your inability to perform the material duties of the job), then you could ostensibly sue and recover damages for those lost wages and the loss of future earning capacity, among other losses. So, how does a civil assault claim work? Let’s examine the basics. Understanding Assault In Pennsylvania, assault requires: The attempt to cause bodily injury to another; The attempt (by physical menace) to put another in fear of imminent serious bodily injury; Intentionally, knowingly, or recklessly causing bodily injury to another; or Negligently causing bodily injury to another with a deadly weapon. This may give rise to a civil claim for damages, as the victims of an intentional tort are entitled to sue and recover damages for the harm caused by the defendant. Suppose, for example, that the defendant pushes you into a dark alleyway and waves a gun at […]
If you’ve been injured due to the fault of another — their negligence, recklessness, or intentional misconduct — then Pennsylvania law may entitle you to pursue an action for damages. Importantly, the success of personal injury litigation often turns on the outcome of evidentiary battles. For example, whether your claim for damages succeeds might depend on whether you can prevent the defendant from introducing evidence that shines a negative light on your character. Excluding Irrelevant Evidence Evidence may only be admissible if it is relevant. Irrelevant evidence has no place in litigation. Rule 401 of the Pennsylvania code succinctly defines “relevance” in the evidentiary context. In accordance with the rule, evidence is relevant if: It has a tendency to make a fact more or less probable; and The fact is of consequence in determining the action. For example, in a slip-and-fall case, evidence concerning the regularity/consistency of the floor inspection schedule would likely be relevant, as it would help determine whether the defendant adhered to their duty of reasonable care. Not All Relevant Evidence is Admissible If the evidence is relevant — in other words, if it has probative value with regard to some material fact pertaining to the case at-hand — then you might still be able to prohibit its introduction. Rule 403 of the Pennsylvania Code describes the circumstances under which relevant evidence may be deemed “inadmissible.” Specifically, relevant evidence may be inadmissible if its probative value is outweighed by the danger of: Unfair prejudice; Confusing the issues; […]
Factors Making Crosswalks Dangerous
Pedestrian crosswalks can pose a serious problem for those looking to safely make their way across the marked road. Dangerous crosswalks can expose pedestrians to an unreasonable risk of harm, and further, the injuries suffered are very often severe — pedestrians hit in a crosswalk will be injured directly, which could lead to catastrophic injuries in some circumstances. Pedestrians may also be “lured” into using a crosswalk without realizing the danger in its design or maintenance. In Pennsylvania, and elsewhere, pedestrians who have been injured due to a dangerous crosswalk may sue and recover damages not only from the defendant-driver, but also from the entity that designed, maintains, or otherwise controls the crosswalk at-issue. What factors make a crosswalk dangerous? Let’s take a look at a few. Poor Visibility Crosswalks are often made dangerous for pedestrians by virtue of inadequate visibility around the crosswalk, or even on approach. Visibility may be influenced by a number of factors, such as poor lighting, sight line blockage (i.e., overgrown trees, buildings covering the approach, etc.), and having the crosswalk built on a road that features a sharp upward or downward angle. Signal Defects Not all crosswalks require additional signage or traffic signals, such as a pedestrian light that can be turned on by those using the crosswalk to notify incoming traffic. When such signals are implemented, however, pedestrians come to rely on them to ensure that the crossing will be reasonably safe. If the signal is not properly maintained — in other words, […]
