Resources
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Motorcycle Accidents on Friday, May 30, 2014. Pennsylvania State Police at Chambersburg say that a truck caused a motorcycle accident, which resulted in two people suffering serious injuries. Police say the accident occurred on May 25 in Guilford Township, Pennsylvania, on U.S. 11. Although police have not yet identified anyone involved in the crash, it is believed that a motorcycle being driven by a man with one passenger was traveling north on Molly Pitcher Highway when a small truck pulled out in front of the motorcycle’s path from where it had previously been sitting at a stop sign at Alleman Road. According to police, the driver of the motorcycle then swerved to avoid colliding with the truck, but the result of that action caused the motorcycle to crash to the ground along Molly Pitcher Highway. Both motorcycle riders suffered moderate injuries, despite wearing helmets. It is unknown whether the driver of the truck was injured in the crash. The motorcycle driver was admitted to Chambersburg Hospital. The passenger is currently listed as having suffered non-life threatening injuries although that person was airlifted to York Hospital. Police have not mentioned alcohol or drugs as having played a role in the accident, although the accident investigation is still ongoing. Motorcyclists involved with car crashes often experience severe injuries. Road rash is one such common injury people receive after being thrown from their bike and sliding along the pavement. There are often broken […]
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Wrongful Death on Wednesday, May 14, 2014. State police in Ursina, Pennsylvania, say that a 32-year-old man died after suffering injuries during a workplace accident while helping to install a sewer system in southwest Pennsylvania. The accident happened on May 6 around 2:10 p.m. in Somerset County, after the victim became pinned underneath a large concrete manhole form. Troopers from the Somerset barracks responded to the tiny borough, which is roughly 50 miles southeast of Pittsburgh, Pennsylvania. They say that the victim’s co-workers attempted to save their fallen colleague by using a crane to lift the heavy concrete object off of him, while others performed CPR until paramedics arrived. Unfortunately, their efforts failed and the victim died approximately 90 minutes after the accident. It remains unclear which construction company the man worked for, but it was established that it was the first time that the installation of a sewer system had ever been attempted in the small town. The Occupational Safety and Health Administration also responded to the accident and an investigation was started as part of their normal procedures whenever a fatal accident happens in the workplace. The loss of this man is regrettable and every effort should be made to prevent this type of accident in the future. With that said, the victim’s family should also know that they may be entitled to recover compensation if it can be established that a preventable accident caused the man’s […]
IMPORTANCE OF HIRING PROCEDURES HIGHLIGHTED BY SERIOUS BUS CRASH
By Drake Hileman of Drake, Hileman & Davis, P.C. posted inCommercial Vehicle Accidents on Wednesday, May 7, 2014. On April 21 a former school bus driver was sentenced to two years in prison for her part in a Feb. 14, 2013, accident in which she struck a vehicle and seriously injured a man with a commercial vehicle. At the time of the accident, the defendant was driving for a bus company charged with transporting children for the Port Jervis School District when she struck a 2005 Honda with her 2003 Freightliner bus while attempting to make a left turn. A subsequent investigation revealed the presence of the prescription anti-anxiety drug Diazepam and morphine in the defendant’s blood stream at the time of the accident. Although the defendant had a prescription for the Diazepam, she later admitted to obtaining the morphine from someone other than a doctor. Last December, the 32-year-old former school bus driver from Port Jervis, New York, pleaded guilty to second-degree assault and aggravated driving while ability impaired by drug. While she was out on bail awaiting sentencing she received an additional charge for possession of drug paraphernalia. The Orange County New York Assistant Prosecutor sought a prison sentence of four years for the defendant due to the significance of the injuries the 19-year-old man in the Honda suffered. According to prosecutors, the man is still being treated for traumatic brain injuries and multiple broken bones. In addition to the 19-year-old victim there was an 11-year-old passenger on […]
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Premises Liability on Thursday, May 1, 2014. A New Jersey woman is suing a Philadelphia, Pennsylvania, area Home Depot in Federal Court alleging that the store is liable for a slip and fall accident she had back on Sept. 8, 2012. According to the plaintiff’s lawsuit, she arrived at the front of the store in Clifton Heights, Pennsylvania, after her husband dropped her off. The plaintiff maintains that it was raining when she exited the car, and that she began to rush toward the front entrance of the store in an attempt to avoid getting soaked when she stepped into a large amount of standing water, lost her balance and fell down. The plaintiff says that she fractured her sacrum, sustained a herniated disc and suffered general pain in her neck and back as a result of theslip and fall accident. The plaintiff is seeking both compensatory and punitive damages over $150,000 in a claim filed on April 23 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff’s lawsuit says that Home Depot had ample notice that there might have been water accumulating at the front of their stores because it had been raining rather consistently throughout the day. The lawsuit also points out that Home Depot could have eliminated or reduced the water hazards prior to the accident as demonstrated by actions taken by the store immediately after the fall. The suit says that […]
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Drunk Driving Accidents on Wednesday, April 23, 2014. A man from Winchester, Virginia, recently made a plea bargain with prosecutors over a November 2011 car crash which resulted in the death of his female passenger. The 50-year-old defendant was looking at charges of homicide by vehicle, involuntary manslaughter, recklessly endangering another person and several other minor traffic infractions. However, under the terms of the new agreement, the man will only have to serve two years of probation, complete 120 hours of community service, and abstain from alcohol and controlled substances. He must also pay fines totaling $1,724.54. According to online court documents, the accident occurred in Chambersburg, Pennsylvania, near Pa. 16 and Pa. 995. The defendant’s vehicle left the road after he unlawfully attempted to pass another vehicle. The vehicle then struck a house which resulted in the man’s passenger sustaining life-ending injuries as a result of the impact. Police arrived on the scene about 4:35 p.m. and an unsuccessful attempt to revive the passenger using CPR ensued. Court documents say that the man admitted to police that he had inhaled marijuana vapors approximately one hour and thirty-five minutes prior to the accident. It is unclear how the victim’s family feels about the terms of this plea bargain, yet one thing is certain; they were deprived of a lifetime of memories with her by the actions of the defendant. It is important to know that although the criminal matter […]
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Wrongful Death on Wednesday, April 16, 2014. A Philadelphia jury agreed with the family of a jockey killed at a Bensalem, Pennsylvania, racetrack that the facility failed to take action to prevent his death. It was almost four years ago when a Bucks County jockey was exercising a horse when it became frightened by chickens and threw the man from its back. The attorney for the jockey’s family says that the horse then dragged and kicked the man who sustained 11 broken ribs and bleeding on his brain. The family says that the facility knew of the presence of the chickens at the racetrack and allowed them to remain. Apparently, the chickens were brought there years ago by horse owners and trainers and were never removed. The jockey’s family says that there had been another incident just five months prior wherein another jockey was injured after a chicken spooked his horse. The victim’s family says that the racetrack had ample prior warning of the hazards posed by the chickens being in proximity to the horses. The jury agreed and awarded the jockey’s family $8 million for the fatal accident, $5 million of which is in punitive damages. The attorney for the family says that the large award should send a message that the racetrack should have placed a larger emphasis on worker safety rather than the profit garnered at the betting gates. They also say that the racetrack admitted […]
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Motorcycle Accidents on Friday, April 11, 2014. Spring has finally arrived to Pennsylvania roads, and that means a lot of motorcycle and scooter enthusiasts will soon start taking to the streets. If you’re like most riders, you can’t wait to get on your two-wheeled escape pod and break out of your normal routine. Motorcycle riding is a good way to see the sights around the Keystone state, and you’ve probably been planning a visit to one or more scenic destinations even before the last snow began to melt. But first, there are a few things you should know before you strap on your leather and get out there. Most riders are aware that Pennsylvania voters repealed the 2003 law, which required all riders to wear helmets, yet few know what the statistical data reveals about what has been happening to motorcycle riders in the decade since. Some of the stats throughout the Keystone state from 2012 are pretty grim. There were 3,985 people involved inmotorcycle accidents in that year; 210 of them perished as a result of those accidents. Just under half of those who died, 49 percent, were not wearing helmets. It’s important to bear in mind that these numbers are only state statistics. The national numbers show that 93,000 people were injured in motorcycle accidents in 2012. Motorcycle riders are also 35 times likelier to be killed on a motorcycle rather than in other vehicles. Last year, the […]
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Car Accidents on Friday, April 4, 2014. It’s springtime in Pennsylvania, and the April weather allows us to finally escape the difficult driving conditions of the past winter. Authorities are quick to caution drivers not to become complacent, however. Car accidents can happen in any weather, and they can occur for any number of reasons. Distracted driving is a significant cause of car accidents in Pennsylvania and across the country. The dangers are such that April has been declared Distracted Driving Awareness Month. According to the National Highway Traffic Safety Administration, distracted driving was a factor in more than 387,000 motor vehicle injuries in 2011. It also contributed to more than 3,000 deaths. Modern technology has made it easier to be distracted. Cellphone and smart phone use on the roads has skyrocketed in recent years, contributing to the dangers. Particularly concerning is the practice of texting while driving, which involves not only visual distraction, but manual distraction as well. Many drivers try to reduce the risks associated with cellphone use and driving by using a hands-free headset, but research has shown these are ineffective at improving safety. The American Automobile Association recently released a list of things drivers can do to avoid becoming distracted behind the wheel. Avoiding cellphone use is on the list, but so are other activities such as personal grooming, snacking and securing children and pets. In general, AAA warns that any activity that takes your […]
STUDY: DRUNK DRIVING A MATTER OF MONKEY SEE, MONKEY DO FOR TEENS
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Drunk Driving Accidents on Monday, March 24, 2014. The common saying “monkey see, monkey do” describes the act of learning or copying a behavior without thought, without education or acknowledgment of the consequences. If you are a parent, you know that young children often mimic the behaviors that they see around them, and in some cases they are behaviors that aren’t so good. What about our teenage children? In some instances, it seems as though the instinct to mimic the behavior of others hasn’t gone away by this stage in life. A recent study says that when it comes to drunk driving, teenagers that ride in a vehicle with another impaired driver are more likely to drive drunk themselves. The study was authored by Bruce Simons-Morton, a senior investigator with the National Institutes of Child Health and Human Development. He wrote about the discoveries he and his team of researchers made involving drunk driving behavior. Utilizing the survey tool, researchers found that those who reported riding with a drunk driver in 10th grade were more likely to report driving while impaired themselves in 12th grade. Those that reported riding with a drunk driver in all three of the surveys from 10th through 12th grade were “many times more likely” to drive drunk as a senior. There is no doubt that driving while impaired is a dangerous behavior. What some people may not appreciate is the fact that riding with […]
By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Premises Liability on Thursday, March 20, 2014. The national pet supplies retailer Petco was recently named in what could be described as a classic slip-and-fall lawsuit. In this case, The Pennsylvania Record reported that a patron slipped on an “accumulation of liquid” in one of the Philadelphia locations. There weren’t a lot of details included in the report, and this isn’t necessarily a big surprise. The report did state that when the woman fell, she landed on her backside and struck her head against the floor. This caused her to suffer injuries to her hip, back and head. She is seeking damages in an amount that was not disclosed, but the award is sought to compensate the victim for both the “physical pain and the monetary loss” she suffered as a result of the incident. Negligence must be shown in these types of cases, and this lawsuit states that Petco was negligent for “allowing a dangerous condition to exist on its premises.” Although it wasn’t clear whether it was water from a fish tank or a puppy’s little accident, that dangerous condition was the liquid that had been spilled onto the floor. Sure, this premises liability lawsuit is similar to many that have been filed in Pennsylvania before it. But just because a lawsuit includes details that may be common to a large number of other lawsuits based on the same tort, it doesn’t mean it isn’t personal for […]
