Resources

Nov 11, 2020 - Car Accidents

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 […]

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Nov 9, 2020 - Personal Injury

Minor Children and Accidents

Most U.S. states have some type of parental responsibility within their codes. These laws can be used to hold a parent or legal guardian financially responsible for certain actions of minor children. Parents are not necessarily responsible for everything their minor children do, but they may be liable if their child, for example, damages someone else’s property on purpose, or harms someone in an intentional and malicious manner. In some states, parents may even be responsible for harm accidentally caused by their children. If you are being legally blamed for the actions of your minor child, let a Bethlehem accident attorney at Drake, Hileman & Davis help. About Minor Child Responsibility in Pennsylvania Pennsylvania’s parental responsibility law, known as “Liability For Tortious Acts of Children,” can be found at Pennsylvania Code Title 23 Chapter 55. Section 5501 defines a “tortious act” as a willful act resulting in injury. “Injury” includes personal injuries, theft, or property damage. Although parents in Pennsylvania can only be liable for the tortious acts of their children if they have custody or control over the child, a parent who has deserted a child may still be responsible for the child’s tortious acts. Criminal Tortious Acts If a child is involved in a criminal proceeding arising from the child’s tortious act, the court first determines what it would take to make the damaged party “whole;” i.e., return them to the same position he or she would have been in had the act not occurred. The judge then […]

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Nov 2, 2020 - Wrongful Death

Wrongful Death Damages

What is a “Wrongful Death” Claim? “Wrongful Death” is a death caused by another person’s negligent or wrongful act. Many types of these acts can give rise to a wrongful death claim, including medical malpractice, automobile accidents, defective products, premises liability, pedestrian accidents, and various types of torts. Every state has its own wrongful death statute, each with its own criteria and procedure for bringing a wrongful death lawsuit. Nonetheless, there may be certain agencies that have governmental immunity from prosecution for wrongful death lawsuits. If a loved one has passed due to someone else’s negligence or intentional tort, contact a Stroudsburg wrongful death lawyer for help. Who Can Bring a Wrongful Death Claim? Commonly, a wrongful death lawsuit must be filed by a representative on behalf of the eligible survivors who suffered harm from their loved one’s death, commonly referred to as “real parties in interest,” whose eligibility varies from state to state. In all states, spouses, children, and the parents of unmarried children may act as real parties in interest and bring claims against the responsible parties.  Typically, the representative of the real parties in interest who is bringing the suit must prove: A death caused by someone else’s negligence or intentionally wrongful actions (i.e., you have to start out by proving the underlying tort),  The survival of family members who suffered harm because of the death and who are eligible to recover for damages, and  The appointment of a personal representative of the decedent’s estate when appropriate. […]

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Oct 30, 2020 - Personal Injury

The Dangers of Excessive Overtime

According to the Bureau of Labor Statistics, more than 80% of employees in each of the following industries work full time, and TSheets found that about half of each workforce clock overtime: Manufacturing Construction Agriculture, forestry, and hunting Transportation It has long been assumed that overworking employees decreases productivity and increases the chances of employee health issues. If you have been injured in a way that you suspect may be due at least in part to excessive overtime requirements, contact a Doylestown injury attorney before you speak with your insurance company. Potential Consequences of Excessive Overtime Decreased Productivity. Employee output tends to drop after 50 hours a week, and excessive overtime may actually be completely non-productive. Sleep deprivation also contributes to decreased productivity. Increased Health Issues. Excessive overtime is believed to result in a higher risk for back or other spinal injuries, high blood pressure, mental health issues, and heavy alcohol consumption. Typical health issues tend to arise when working 50 to 60 hours a week and increase significantly when working more than 60 hours. Safety Risks. Excessive overtime may impair performance while decreasing attention to detail. More errors and accidents may result when employees experience fatigue. Morale Problems. Companies, where employees are working excessive overtime, are believed to have more morale problems in the workplace. Health issues and fatigue may trigger increased absenteeism, as will too much time away from families. Higher Turnover Rates. Companies are damaged by excessive overtime when tired, frustrated employees simply give up. They can […]

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Oct 26, 2020 - Allentown Car Accident Lawyer

An Allentown Car Accident Lawyer Discusses What to Do After a Rental Car Accident

In many ways, your responsibilities after an accident in a rental car are similar to those that occur after any accident: Check yourself for injuries to yourself, your passengers, and other drivers. Move to a safe location if possible. Contact the police. Call 911 if anyone has severe or life-threatening injuries. Otherwise, contact the state highway patrol, sheriff, or local law enforcement. Exchange contact and insurance information with any other involved drivers, including full names and contact information, insurance company and policy numbers, driver’s license and license plate numbers, type, color, and model of the vehicles, and location of the accident. Take phone video for simplicity’s sake. Document the accident. Take photos of all damage to your vehicle and others, record the names and badge numbers of the assisting officers, get a copy of the police report, if possible, and take witness statements if possible. Contact an Allentown car accident lawyer before you speak with your insurance company. About Insurance Coverage Your personal auto insurance policy should cover most damage through: Collision Insurance. This coverage helps pay for damage to your vehicle, minus your deductible. The deductible is the amount of money you pay out of your own pocket before insurance takes over costs. Most collision coverages apply to rental cars with the same deductible. Liability Coverage. This coverage helps pay for damage to other people’s property and medical bills, and also applies to rental car accidents in most situations. Two other insurance coverages, although optional, might apply to your […]

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Oct 23, 2020 - Bethlehem Car Accident Lawyer

A Bethlehem Accident Attorney Explains What to Expect at an Initial Consultation

Many law firms offer a “free consultation.” It sounds good, as does anything with the word “free” in it. But what exactly is it, and how do you prepare for it? For answers to all of your questions, contact a Bethlehem accident attorney for help. What Is a Free Consultation? The primary purpose of a free consultation is for a client to get to know the law firm, and see if they will be a good fit for the client’s legal needs. Typically, the discussion will include: The nature and details of your legal issue, Your legal options, Whether and how the attorney can assist you, Your chances of success, and The amount of work that will likely be required to achieve your goals, and the cost associated with such work. To the relief of most potential clients, initial consultations are confidential, and attorneys are bound to this confidentiality by ethical rules. However, although the law firm of Drake, Hileman & Davis keeps your information confidential as a matter of policy, if other people are present during your consultation, the confidentiality is not protected under the ethical rules. It’s best to have your consultation exclusive between you and your attorney. How to Prepare for An Initial Consultation Write down all of your questions ahead of time so that you do not forget to ask them. Bring a laptop or even a notepad to take notes. Write down anything you feel your lawyer should know and be sure to tell them, […]

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Oct 16, 2020 - Personal Injury

How Long Does it Take to Settle a Case? Let a Stroudsburg Personal Injury Lawyer Help

The time it takes before you receive a settlement from a personal injury or time it takes for your case to go to trial will depend on several factors, such as: What Type of Case You Are Involved In. For example, a fender-bender with minimal injuries will not take as much time as a multi-car accident with injuries that require hospitalization. The Number and Severity of the Injuries. Numerous and severe injuries take time to assess in terms of medical costs. The Facts Surrounding Your Case. The more complex the facts, the more time a case will take. The Complexity of the Issues Involved in Your Case. Many times, the legal issues involved in your case will have been litigated many times in the past, and so the legal analysis is quite simple. Occasionally, however, there may be new and novel issues raised, and so both sides take quite a bit of time to prepare their arguments. What Type of Settlement You Are Seeking. If you are the injured party, your opponent will likely be happy to quickly settle for an amount that is relatively low. On the other hand, if you are determined to have every penny you believe you are entitled to, the settlement negotiations will become contentious and drawn out. Whether the Case Goes to Trial or Not. Trials can stretch out for months or even years. If the sides are unable to settle the case fairly quickly, the trial will commence. If you have been injured, […]

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Oct 9, 2020 - Doylestown Car Accident Lawyer

Ear Pain After a Car Accident

According to Georgia State University’s HyperPhysics research project, even a minor accident can generate tremendous forces. A 160-pound person stopping suddenly from a speed of 30 mph experiences force upon their body equivalent to 2.4 tons. Without a seatbelt, that force could be as high as 12 tons. This impact force can cause unexpected symptoms. Accident victims often experience severe injuries to their head or neck. Some of the most frequent unexpected side effects can include nagging jaw pain, difficulty chewing, ringing in the ears, difficulty hearing, or pain located around their inner ear. If you have been injured in a car accident, contact a Doylestown accident lawyer for help. About Tinnitus Tinnitus has been defined as “the sensation of hearing ringing, buzzing, hissing, chirping, whistling, or other sounds.” Sometimes, individuals experience ringing in the ears after a car accident because of a traumatic brain injury (TBI). Whiplash can result in tinnitus after a car accident. Whiplash is a neck strain or injury that occurs as a result of the rapid movement of the head during a collision, resulting in nerve and ligament damage. Sometimes, these whiplash injuries result in tinnitus. It is important to seek medical attention if experiencing ringing in the ears after a car accident involving a whiplash injury. The deployment of an airbag after a car accident may also result in tinnitus. Upon impact, airbags immediately deploy, causing a very loud noise. This loud noise can injure the ear and result in tinnitus. Furthermore, the sound […]

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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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Sep 30, 2020 - Personal Injury

Preventing Swimming Pool Accidents in Pennsylvania: Let Our Bethlehem Accident Attorney Help

According to the Centers for Disease Control and Prevention (CDC): From 2005-2014, there was an average of 3,536 fatal unintentional drownings (non-boating related) annually in the U.S. or about ten deaths per day. About one in five people who die from drowning are children 14 and younger. For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries. More than 50% of drowning victims treated in emergency departments require hospitalization or transfer for further care, compared with a hospitalization rate of about 6% for all unintentional injuries. These nonfatal drowning injuries can cause severe brain damage that may result in long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning; in other words, permanent vegetative state. Drowning ranks fifth among the leading causes of unintentional injury death in the U.S. If you have been involved in a swimming pool accident or other water-related accident in Pennsylvania, let a Bethlehem accident attorney help. Common Causes of Swimming Pool Accidents Swimming pool accidents are particularly tragic because they most often involve children and are preventable., leaving grieving parents with a lifetime of guilt. The most common causes of swimming pool accidents include: Lack of Adequate Supervision. Lack of supervision is the most common cause of swimming pool accidents, especially when children are involved. If there is no lifeguard, or if a lifeguard is not properly trained, the chance of an accident increases dramatically. It is critical to keep a watchful eye on […]

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