Articles Posted in Auto Accident

front-end collisionOnce you find yourself going to court in an auto accident case, you likely hope for a straightforward trial in which your evidence clearly establishes your opponent’s liability and your entitlement to damages. Unfortunately, real life rarely plays out so seamlessly. Many twists and turns can take place during the course of your case. Trials, especially jury trials, can be unpredictable. This is one reason to have an experienced Pennsylvania car accident lawyer on your side from the start – so that you are ready for whatever your case throws at you.

One example of such an unexpected outcome is when a jury renders an inconsistent verdict, like what happened in a recent case that originated in Pittsburgh. In that case, Ronald’s truck rear-ended a vehicle driven by Kerim. Kerim sued Ronald for damages he suffered as a result of the collision.

Ronald admitted liability but fought the issue of damages. In some situations, establishing that the person you’ve sued is to blame for your damages is the key to the case. Other times, though, who is at fault isn’t the key to the case; proving how much harm you’ve suffered is.

Knee injuries suffered in a car accident can include fractures, ligament injuries, and dislocation. Not only can they lead to severe pain, swelling, and limited range of motion, but also some knee injuries can take months to heal, affecting an individual’s ability to work and be active. When a negligent motorist causes an accident that results in injuries, the law provides victims the right to file a Pennsylvania car accident claim against that driver for damages.

knee injury compensation

Filing a liability claim or a personal injury lawsuit may be appropriate when accident victims suffer serious injuries. There are many different causes of car accidents, ranging from distracted driving to mechanical malfunctions. But regardless of the cause, those hurt by the negligence of others have the legal right to pursue compensation for their suffering and harm.

The first step in a personal injury claim is to establish legal fault for causing an accident. This can stem from action, or in some cases, inaction. Failing to pay attention while operating a vehicle, for example, or refusing to adjust speed to account for weather conditions can be factors that lead to a crash and a legal determination of negligence.

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According to the Pennsylvania Department of Transportation, alcohol use and speeding contribute to the majority of car accidents throughout Pennsylvania. Alcohol-related crashes remain a major safety issue, and in 2014, there were 10,550 crashes due to impaired drivers.  Statistics also indicate that in 2014, alcohol-redrunk drivinglated deaths were 28% of the total traffic deaths. Statistics also indicate that the majority of alcohol-related deaths take place between 8:00 p.m. and 4:00 a.m., with the majority of these fatal crashes occurring on the weekend.

The public health concern regarding drunk driving continues to remain high. For those accident victims suffering physically and emotionally from the effects of a drunk driving accident, Pennsylvania law provides a means to recover compensation.  In many cases, the driver will be charged by the state and face criminal proceedings. But victims of drunk driving collisions can file a separate personal injury claim to recover costs for medical treatment, as well as expenses related to pain and suffering and loss of income due to the accident.

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Fatal car accidents may be caused by a variety of factors and lead to either a sudden death accident or an eventual death fatal accident.  Throughout Pennsylvania, surviving family memberhighway accidents or dependents of the person who passed away may face medical bills, funeral expenses, and other accident-related costs. By pursuing a wrongful death claim against the person who caused the accident, they may recover compensation for their losses.

According to Pennsylvania law, when an individual is fatally injured due to a wrongful act, intentional conduct, or negligence, there may be a legal action to recover damages.  According to the statute, the “right of action,” or the ability to bring this claim, exists for the benefit of surviving spouses, children, or parents of the deceased.  The law specifically states that these individuals need not reside within the Commonwealth.  Additionally, if there is no person eligible to recover damages, the personal representative for the deceased can bring an action to recover damages.

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Transportation network companies, such as Uber and Lyft, are considered to serve the public, and based on a law recently passed in Pennsylvania, they will continue to operate throughout the entire commonwealth. The way people travel has changed, and as a result, there was statewide authorization for Senate Bill 984, enabling services like Lyft and Uber. The policy behind the bill was to both protect consumers and encourage the companies to continue their operations.

collision transportation network company

Transportation network companies provide prearranged transportation services by using a digital network. The Bill sets forth the conditions and framework for these companies.  It also includes protections for drivers as well as consumers, including insurance coverage information and criminal background checks for drivers. Notably, the bill makes clear that the companies can operate in Philadelphia, whereas previously this area was unable to access ride-sharing in a legal way.

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Left turns are considered among the more dangerous driving maneuvers.  Drivers that turn left often do so in front of oncoming traffic, increasing the risk of an accident.  Side-impact accidents and T-bone collisions can result when a negligent or careless driver turns left without yielding or ensuring that there is a clear path.

left turn

There are more rules set forth under the Pennsylvania vehicle code for left turns than for right turns because of the dangerous nature of these turns. Pennsylvania law provides that vehicles turning left in an intersection yield the right-of-way to other vehicles approaching from the opposite direction. All drivers must signal before turning left, at least 100 feet before their turn, and 300 feet before a turn if the driver is operating their vehicle above 35 miles per hour.

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Pennsylvania law holds that individuals who have suffered injuries in an accident may recover compensation for damages, even when they are partly at fault for the accident. This is the legal doctrine of contributory negligence, and it maintains that a plaintiff’s own negligence is not a bar to recovering compensation, provided they were less than 51 percent responsible for causing tlimohe accident.  Pennsylvania follows what is deemed a modified comparative negligence doctrine.

Negligence is a legal theory that forms the foundation of many personal injury claims.  Defined as a failure to use reasonable care, the elements of a negligence claim include a duty of care, a breach of duty, causation, and damages.  The duty of care includes the responsibility all people have not to cause foreseeable harm to others.

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Traumatic brain injuries (TBI) have different causes, including serious motor vehicle collisions, truck accidents, and motorcycle crashes.  Individuals suffering from a TBI can face physical and mental damage that necessitates ongoing, permanent care as well as resulting in a decreased quality of life. The impact of a TBI can be life-altering, and yet,head it may not always be immediately apparent that accident victims have sustained a TBI.

According to the Centers for Disease Control and Prevention (CDC), everyone is at risk for a TBI.  Children and older adults are particularly at risk.

The Pennsylvania Department of Health makes clear that traumatic brain injuries include concussions, which can be caused by a jolt or bump to the head.  While concussions may be defined by medical professionals as “mild” brain injuries, this is only because they are usually not life-threatening.  But the effects of even a concussion upon the life of an accident victim can be serious.

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Winter storms and inclement weather in Pennsylvania can lead to serious motor vehicle collisions. Not only are the roads heavy with snow and ice, but also drivers do not always exercise caution and adjust their speed accordingly.  After a stosnowrm, roads remain snowy, and as temperatures drop, the roads may freeze over. In the morning, drivers often find themselves operating vehicles on a sheet of ice.

Pennsylvania law requires drivers to remove all snow and ice from their vehicles before operating their vehicles on public roads. The law is aimed at preventing injuries from airborne snow and ice on Pennsylvania roadways. Pennsylvania Vehicle Code, section 3720 states that when snow or ice dislodges or falls from a moving vehicle, striking another vehicle or person and injuring them, the operator of the vehicle can be fined neither less than $200 nor more than $1,000 for each offense.

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In a case before the Pennsylvania Superior Court, the issue on appeal was whether the trial court had properly granted summary judgment in favor of a defendant who was not the driver of the striking vehicle in a car accident lawsuit. In this case, the court reviewed the victims’ allegations that the defendant had failed to deny he was the driver of the vehicle and their contention that the lower court erred in granting summary judgment in his favor.

car accident

On September 17, 2011, Bettie Moore and Edna Northcutt were struck from behind while stopped in their vehicle at a red light. An ambulance transported them to the hospital, and the collision was witnessed by the Springfield Police.

The plaintiffs brought their negligence claim against Brendan Gilligan as the driver of the car that struck them, eight days before the statute of limitations was set to expire. After the parties conducted discovery, Gilligan replied he was not the driver involved in the incident, nor did he have personal involvement in the incident. He named his niece, Ashley Jest, as the driver of the striking vehicle. Gilligan filed a motion for summary judgment, which was granted by the trial court.

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