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Personal Injury Law Blog

Can I sue a bar for contributing to my drunk driving accident?

One of the worst aspects about drinking and driving accidents is that they are completely preventable. When people take the step to consume alcohol before getting behind the wheel, they are making a purposeful choice. Pennsylvania law is clear that any driver with a blood alcohol concentration beyond 0.08 is considered legally impaired and not permitted to drive.

One of the problems with the so-called "legal limit" for alcohol is that sometimes it can become difficult for bar owners, restaurant staff or other individuals who serve alcoholic beverages to know when a patron is beyond the legal BAC. The reason why that is important is because Pennsylvania recognizes the Dram Shop Act. These laws make it illegal for bartenders, servers and other alcohol licensees to sell beverage alcohol to minors and to customers who are visibly intoxicated.

Freak accident injures 1 after truck crashes into home

On the morning of July 22, officials in Mercersburg, Pennsylvania, reported a rather odd accident involving a commercial tractor-trailer and a house. According to Pennsylvania State Police and members of the Franklin County Emergency Services, a semi-truck traveling near the Foot of the Mountain restaurant somehow lost control and ended up crashing into a home in the 14500 block of Buchanan Trail West.

At least one person received a minor injury in the 7:35 a.m. crash, prompting officials to speculate that the roadway would be temporarily closed for several hours.

Securing your future after your auto-pedestrian accident

There's something remarkably egalitarian about walking. That is probably because at some point each day every one of us will become a pedestrian. This holds true whether you are the chief executive officer of a Fortune 500 company or a humble operator of a home business. At some point, each of us will leave the safety of our homes and vehicles and begin relying on traffic signals, crosswalks and the attentiveness of motorists to keep us out of harm's way.

Unfortunately, many operators of trucks, cars and SUVs have difficulty remaining vigilant about spotting pedestrian travel. This is especially true in locations such as parking lots, underground garages and even in drive-through lanes at fast food restaurants.

Can I get pain and suffering damages for my car accident?

Pennsylvania laws regarding motor vehicle insurance are like making a deal with the devil. The decisions you make when buying car insurance could have lasting repercussions for the rest of your life. Basically, consumers face two choices when purchasing car insurance: full tort insurance and limited tort insurance. Tort is a fancy legal term that refers to a wrongful or negligent act. Essentially, when motorists choose to purchase full tort car insurance they are also buying the right to sue for additional damages if they are injured in a car accident. Alternatively, motorists purchasing limited tort car insurance are barred from suing wrongful or negligent parties for their pain and suffering.

This can be important to you for several reasons, but especially if you have experienced additional adverse effects after your car accident. A good example of this might be the humiliation or embarrassment you may feel as a result of a limb that required amputation after your accident. Or perhaps the burns and scarring you suffered from your car accident has caused you to stay at home all of the time, frozen with anxiety about going out in public.

Can substandard housing give rise to premises liability claims?

Premises liability is a field of legal practice that encompasses the duties that landowners have to whomever sets foot on their properties. Basically, landowners must exercise reasonable care to ensure that their properties are free of potential hazards to visitors, customers, tenants, people soliciting goods and services, vendors and even trespassers. It is generally understood that the relationships between landowners and the people coming onto their properties directly affects the amount of care they should be liable for in situations involving injury accidents.

For example, the owner of a car dealership would likely owe a higher level of duty to prevent customers from slipping and falling on an oil puddle than they would owe to trespassers attempting to steal vehicles. The three basic tenants that every property owner should remember about premises liability are: inspect, correct and warn. Put simply, landowners should actively seek out potential hazards and either remove them from their properties or warn visitors about those potential dangers.

How boating laws can affect your wrongful death lawsuit

Getting out on the water is a popular pastime throughout Pennsylvania. There's just something enjoyable about being outdoors and near the water on a sunny day. This is true regardless of whether you like to fish, dive, jet-ski, wakeboard or participate in any other water-related activities.

Unfortunately, some of the people who share the waterways throughout the Commonwealth do not exercise reasonable care with regard to boating safety and how their vehicles might affect others. The following are some of the more important regulations regarding boating safety in Pennsylvania:

Hit and run defendant charged with DUI homicide

On June 12, Harveys Lake police arrested a man suspected of being under the influence of alcohol during a fatal collision. The accident at the center of this arrest involves the vehicular killing of a 31-year-old woman from Factoryville, Pennsylvania.

According to Luzerne County detectives, the victim was jogging along Lakeside Drive in Harveys Lake, Pennsylvania, on June 7, when the 50-year-old defendant struck her with his vehicle before fleeing the scene.

Holding drivers accountable for pedestrian accidents

The fact is that everyone is a pedestrian at some point each day. This is true whether you like to go for a jog in the morning or you simply have to walk through a parking lot after parking your car. One might think that this commonality between motorists and pedestrians would make drivers extra vigilant when operating near marked crosswalks and other pedestrian crossings at intersections.

This is not always the case. This is even despite the fact that here in Pennsylvania drivers are required to yield the right-of-way to pedestrians who are attempting to cross a roadway while they are within any marked crosswalk. The same rules also apply for pedestrians crossing at intersections with unmarked crosswalks. Sadly, researchers with the National Highway Traffic Safety Association say that motor vehicles killed 4,743 pedestrians and injured 76,000 others in 2012. Even worse, NHTSA says that the average number of fatalities has remained fairly steady and hovered around 4,500 per year between the years of 2003 and 2012.

Why driver logbooks are important in your truck accident lawsuit

Like any other industry, the commercial tractor-trailer freight hauling business can often be very competitive. Many truck companies, both here in Pennsylvania and throughout the country, struggle to keep their costs down while also turning a profits. Unfortunately, time equals money in the freight hauling business. This is especially true for tractor-trailers that haul perishable goods over long distances. It's not uncommon for many of these drivers to feel pressured to work long hours and drive fast in order to make speedy deliveries.

The federal watchdog tasked with promulgating safety within the trucking industry is the Federal Motor Carrier Safety Administration. The FMCSA has long known about the dangers of drivers becoming overly fatigued due to long hours. For that reason, federal regulations now exist that attempt to limit driver fatigue in several ways. Here are some of the more important aspects of those rules:

Any form of distracted driving can cause accidents

Ask any group of random people about distracted driving and the chances are that at least a few of them will mention cellphones. While it's true that the use of cellphones to talk or text while driving is dangerous, it's also important to remember that distracted driving comes in many other forms. Basically, anything that draws a driver's attention away from operating one's vehicle could potentially become a source of distraction.

This is important because according to a 2011 National Highway Traffic Safety Administration report, distracted driving played a role in over 387,000 vehicle accidents involving injury. Even worse, that agency claims that distracted driving was a factor in the deaths of over 3,000 motorists that same year.

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