Philadelphia Personal Injury Lawyer Blog

Police may have found what they believe is the car used in a fatal hit-and-run in Bucks County but they're still looking for the driver.  A 36 year old man from Rose Lane, Levittown, was walking home from a party at a Bristol Township bar, when he has struck by a black Audi at about 12:30 a.m. on New Falls Road near Holly Drive, according to police.

According to police, as the Audi sped off a second car struck Beck, but that driver stopped.  A severely damage Audi matching the car's description was impounded by police Sunday night.  TV news reports said it was found at a Fairless Hills storage facility.

The victim died after speaking to his mother who arrived on the scene, because he had called her for a ride.  He asked her to hold his hand just before he died, she told reporters.  She was going to meet him at a Walgreen's parking lot.

Anyone with information about the case is asked to call Bristol Township police at 267-812-3096.

Source:  

Pennsylvania does not require uninsured or underinsured motorist insurance even though all Pennsylvania drivers are required by law to have mandatory minimal automobile insurance.  I highly recommend that all automobile owners and operators immediately get uninsured and underinsured motorist coverage.  In the event you or a family member sustain a catastrophic injury or fatality as a result of a car accident with an uninsured, underinsured or hit and-run-driver, your damages will be covered up to your insurance limits.  Uninsured and underinsured motorist coverage will protect you against unforeseen and unpredictable expenses that could be staggering.  Proper insurance coverage reduces the unexpected financial impact and can help protect you and your family in the event of an accident.  

A Villanova University alumna visiting the area for the school's homecoming weekend was killed Saturday night when she was struck by a car, police said.

Ossola, a former president of Chi Omega sorority, was with her sister when she was struck by a 2008 silver Jeep Liberty about 11:20 p.m. in Bryn Mawr, Lower Merion. She was crossing Lancaster Avenue from the north side near Thomas when the eastbound Jeep hit her.  According to police, Ossola was taken to Bryn Mawr Hospital with head injuries and died at 11:52 p.m.

Ossola graduated in 2010 with a degree in economics and a minor in finance and math. She was working at PNC Bank in Pittsburgh as an analyst in the global treasury-management department.

Source:

The sudden, tragic wrongful death of a loved one, resulting from an accident caused by negligence, is the most devastating loss that an individual or family can endure.  While no amount of money can replace a loved one, filing a wrongful death lawsuit may be the only way to get the restitution you deserve and help to deliver justice to the guilty party.

Continue reading "Villanova University Alumna Killed in Philadelphia Car Crash " »

Molsky v. Stang

The Accident occurred on Nov. 29, 2004, when the plaintiff was driving westbound on East Pittsburgh St. in Greensburg, Pa.  In court papers, the plaintiff alleged that she came to a stop at the intersection of Davis Center in order to turn left, at which time another driver stopped in the left eastbound lane, waved her through to complete the turn.

Relying on the driver's signal, the Plaintiff made a left hand turn, at which point the passenger's side of her Dodge Neon was broadsided by an the Defendant driving an Acura sedan driven who was eastbound in the left lane of East Pittsburgh St.

As a result of the accident, the plaintiff was rushed by ambulance to a hospital where she underwent open reduction internal fixation on a fractured right tibia which later required implanted surgical hardware. 

The jury found no negligence by the defendants. 

Source

Any motorist approaching such an intersection is required to utilize a high degree of caution.  The law recognizes that a left turn is a hazardous maneuver because the left turning vehicle enters the lane of traffic for other vehicles.  In fact, some courts have stated that the left turn is the most dangerous maneuver a motorist may execute.  Therefore, great caution should always be undertaken.

The owner's burden placed upon a left-turning motorist is not discharged by the mere signaling of an intention to turn. The giving of a signal is immaterial if at the time the driver of the turning vehicle did not have the opportunity to make the turn in safety.

On November 22, 2011, the Luzerne County Court of Common Pleas found that the plaintiff in an automobile accident was entitled to partial summary judgment as  the defendant's attempt to assert a funeral procession as an affirmative defense was inapplicable to him.

The accident occurred on July 28, 2006, in Hanover Township, Pennsylvania.  The plaintiff was injured when his vehicle was struck by the defendant, who admittedly drove through the stop sign.  The defendant asserted as a non-lead vehicle in a funeral procession he did not need to stop at the stop sign.  However, the defendant also admitted that he was not part of the funeral procession and mistakenly joined the line of cars believing the vehicle had "car trouble" and was forced to proceed. 

The Motor Vehicle Code governs the responsibilities of drivers in a funeral procession.  The Statute reads as follows:

§ 3107.  Drivers in funeral processions.

(a)  General rule. --The driver of a vehicle which is being driven in a funeral procession may:
   (1) Park or stand irrespective of the provisions of this part.
   (2) Proceed past a red signal indication or stop sign if the lead vehicle in the procession started through the intersection while the signal indicator was green or, in the case of a stop sign, the lead vehicle first came to a complete stop before proceeding through the intersection.
(b)  Visual signals required. --The privileges granted by this section shall apply only if each vehicle in the funeral procession displays lighted head lamps and emergency flashers and bears a flag or other insignia designating it as part of a funeral procession.

(c)  Right-of-way to emergency vehicles. --This section does not relieve the driver of a vehicle which is being driven in a funeral procession from yielding the right-of-way to an emergency vehicle making use of audible and visual signals, nor from the duty to drive with due regard for the safety of all persons.

The Court found that the defendant was not entitled to avail himself to the privileges accorded to drivers of motor vehicles in a funeral procession because he was not part of the funeral nor a bona fide participant in the funeral procession.  

One person has died from a nasty overnight crash involving four vehicles, in which multiple victims were trapped.   The crash occurred about 2:30 a.m. today at 51st and Locust streets when one vehicle struck another while going through the intersection, according to police.

One of those vehicles struck two parked cars. And one of the initial vehicles involved in the crash was overturned.  Three victims were transported by medics for emergency medical treatment.  A 27-year-old woman, who was a passenger in one of the vehicles, was pronounced dead around 5:30 a.m. at Hahnemann University Hospital.  Other victims included a 35-year-man with head, neck and back pain, and a 45-year-old man who was on trauma alert.

SOURCE

Wrongful Death is a legal term that refers to situations in which someone is killed through the negligent conduct of someone else.  Thousands of car accident deaths are attributable to negligent conduct such as aggressive driving, inattention, failure to obey traffic lights and signs as well as poor driving skills.

To be successful in wrongful death suits, the case must have been caused by someone else who acted negligently usually through bad driving.  In some claims this will mean the auto maker who designed a vehicle poorly, such as an SUV with a defective design.

Additionally, there must be adequate insurance or assets to provide the basis of a recoverable legal claim.  Fatal car accidents that are the result of careless driving can remain uncompensated if there is no money to compensate the victim's family.   Pennsylvania law requires, at a minimum, that drivers maintain $15,000 per person / $30,000 per accident of liability insurance.   An attorney will know how and where to look for available insurance or assets using investigators and asset searches.  It is possible that supplementary insurance such as homeowner's policies and/or business insurance may be available to compensate the family millions of dollars.

Experienced wrongful death attorneys understand the complex legal issues and emotional trauma involved in handling these claims.  A lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits.

I follow every reasonable lead, hire the best available experts, and utilize the most current and innovative technology to give you the edge over the opposition.   Because of my diligent preparation and excellent reputation, most of my cases are favorably settled out of court without going to trial.  Call me for a free case evaluation.  There are never any fees unless I get money for you.    

An 11-year-old boy was struck by a hit-and-run driver around 7 p.m. Sunday night while riding a skateboard near 65th Street and Greenway Avenue in Southwest Philadelphia, police said. The boy, who sustained bruises and cuts to his head and sides, was transported to Children's Hospital, where he was in stable condition Sunday night.

Police say the driver, described as a black female, got out of the black or dark blue BMW or Mercedes sedan, saw the boy on the ground, then got back into the car and headed westbound on Greenway.

Source

As I've expressed before in my blog, it is crucial to maintain uninsured motorist coverage.  Not only does it protect you from uninsured drivers, it also will cover hit-and-run accidents.  Without this coverage, hit-and-run accident victims may be held personally accountable for hospital bills.  It is also doubtful they will be able to recover compensation for pain and suffering.  Most likely, the hit-and-run driver may never be found, and more often than not, is uninsured.  

The driver of a pickup truck with tinted windows sped away after striking and killing a woman on Torresdale Avenue in the Wissinoming neighborhood this morning, police said.

A little over an hour later, police found a pickup matching the description of the truck on the Delaware River waterfront nearby.  The owner of the pickup truck reported the vehicle stolen about the time police found it.

Police said the woman, who was said to be 46-year-old, was struck about 6:50 a.m. on Torresdale near Fraley.  Afterward, police broadcast an alert for a blue pickup with tinted windows, silver flames on the side and a custom grill.  About 7 a.m., police found the wanted vehicle at Comly and Milnor Streets, an industrial area a block from the river.

Police were questioning witnesses and the owner of the truck.

SOURCE

A driver who leaves the scene of an accident is not only committing a crime but also a civil offense for which they can be held liable.  In many cases, hit and runs are the result of a drunk driver or a driver under the influence.

Hit and run accidents are disturbing events.  Victims are usually left seriously injured and wonder how they will pay for medical expenses.  Hit and run drivers need to be held accountable for the injuries, pain and suffering, anguish, lost wages and medical bills that they have caused.  

One possible source of benefits is uninsured motorist (UM) coverage.  UM coverage applies where the at-fault driver is not insured.  However, it also covers motor vehicle accidents where the at-fault driver cannot be found, such as in a hit and run accident.  If you are injured by a hit-and-run driver call me for a free consultation.  You may be entitled to compensation for medical treatment, lost wages, pain and suffering, and other costs.

It is commonly acknowledged that the use of seat belts saves lives and lessens the risk and extent of injuries suffered in motor vehicle accidents.  Because of the increased safety afforded by the use of seat belts, many states including Pennsylvania have enacted laws requiring occupants of autos and trucks to wear seat belts. 

Seat belt use is required by law in Pennsylvania; however, failure to wear a seatbelt is only a secondary offense.  Since failure to wear a seatbelt is a secondary offense, a motorist cannot be stopped by the police and cited simply for not wearing a seat belt.  

A question commonly asked by my clients is whether they can be found negligent for not wearing a seat belt in their personal injury claim.   In Pennsylvania, the answer is no.  Under Pennsylvania law, failure to wear a seat belt is inadmissible as evidence at trial.  Here is the law. 

75 Pa.C.S. § 4581 (e)   In no event shall a violation or alleged violation of this subchapter be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of this subchapter; nor shall failure to use a child passenger restraint system, child booster seat or safety seat belt system be considered as contributory negligence nor shall failure to use such a system be admissible as evidence in the trial of any civil action; nor shall this subchapter impose any legal obligation upon or impute any civil liability whatsoever to an owner, employer, manufacturer, dealer or person engaged in the business of renting or leasing vehicles to the public to equip a vehicle with a child passenger restraint system or child booster seat or to have such child passenger restraint system or child booster seat available whenever their vehicle may be used to transport a child.

The condition of a 9-year-old boy from Yardley Pennsylvania who was struck by a hit-and-run driver outside San Francisco's AT&T Park on August 4 has been upgraded from critical to serious condition.

Ryan White had been visiting family in the Bay Area and was leaving the Phillies-Giants game last Thursday evening when he was hit by a driver going the wrong way on the street he was crossing.  White was allegedly hit by Vargas' pickup truck as he was walking in a crosswalk with his family a few blocks from AT&T Park.  The boy suffered fractures to his pelvis, left leg and ankle, a laceration to his liver and a traumatic brain injury that is slowly improving.  

Andrew Alan Vargas, 21, was charged Monday with two counts of drunken driving causing injury and one count of hit-and-run.  He was scheduled to be arraigned Tuesday.  Source:  The Philadelphia Inquirer, Posted on Tue, Aug. 9, 2011.

Every single injury and death caused by drunk driving is totally preventable.  Although the proportion of crashes that are alcohol-related has decreased dramatically in recent years, there are still far too many of these preventable accidents.  Unfortunately, in spite of great progress, alcohol-impaired driving remains a serious national problem that tragically affects thousands of victims annually.

In Pennsylvania, drunk driving is one of the classic instances where punitive damages can be assessed in motor vehicle accidents.   The Pennsylvania Superior Court has held that "driving while under the influence of intoxicating liquor, with its very great potential for harm and serious injury, may under certain circumstances be deemed "outrageous conduct" and a reckless indifference to the interests of others sufficient to allow the imposition of punitive damages."

I have experience representing victims who have been seriously injured by drunk drivers.  Call me for a free no obligation consultation at 267-443-8487.

In Pennsylvania, "Financial responsibility" is the ability to respond in damages for liability in the amount of $15,000 because of injury to one person in any one accident, in the amount of $30,000 because of injury to two or more persons in any one accident and in the amount of $5,000 because of damage to property of others in any one accident.   These limits have remained the same since October 1, 1984 when the No-Fault Motor Vehicle Insurance Act was replaced by 75 Pennsylvania consolidated statutes (Pa. C.S.) Chapter 17.

Although the cost of medical care has increased on average at 4.3% per annum for the last 20 years, minimum coverage for automobile insurance has remained the same.  Nowadays, coverage of $15,000 barely covers medicals bills for injured persons needing medical treatment after an accident, and falls embarrassingly short for accident victims that suffer serious injury.   Hardly a week goes by in my practice that I don't see a seriously injured client left high and dry because a negligent driver has insufficient liability insurance to cover the damages he caused. 

Recently, at the urging of Governor Corporate and Pennsylvania House Republicans, the Pennsylvania Legislature abolished the longstanding doctrine of joint and several liability.  Thus, a joint tortfeasor with sufficient insurance may not be required to cover damages caused to an innocent victim.  The repeal of joint and several liability should be a wakeup call to every trial lawyer in Pennsylvania.  Powerful insurance lobbyists will continue to take aim at our clients if we do not stand up for their interests.

It's time to call on the Pennsylvania legislature to raise the minimum coverage from $15,000 to $30,000 for injury to one person in any one accident, or $60,000 (up from $30,000) for injury to two or more persons in any one accident.    This action is vital to the interests of Pennsylvania drivers and anyone with an auto insurance policy. 

An elderly driver reportedly lost control of his vehicle and then barreled into a Burger King around 3PM Monday afternoon in Center City, Philadelphia.  Seven people were injured, including two seriously.

The red sedan veered onto the sidewalk on Eighth Street just south of Market Street and plowed into the fast-food restaurant around 3 p.m., police said.  The sedan was traveling south on Eighth when it suddenly smashed through the brick and glass exterior and into patrons seated in the dining area.  Eyewitness, Jesse Pfeffer, said that "It sounded like he gunned the engine too hard.  He hit the building pretty hard to go through that brick wall."

The injured persons were taken to Center City hospitals.  Police are investigating the cause of the crash however the driver has not been charged. 

Source:  Posted on Mon, Jul. 25, 2011

Source:  WPVI Posted on July 25, 2011

Sometimes accidents occur where you least expect them.   Undoubtedly, the patrons at Burger King did not expect a vehicle to come through the window while they feasted on a juicy Big Mac! 

This accident was caused by the negligence of an elderly driver.  Research on age-related driving has shown that at around the age of 65 drivers face an increased risk of being involved in a vehicle crash.  Three behavioral factors in particular may contribute to these statistics: poor judgment in making left-hand turns; drifting within the traffic lane; and decreased ability to change behavior in response to an unexpected or rapidly changing situation.  In this accident, it appears that the driver may have confused the break and the gas pedal and he was unable to adjust before crashing into the Burger King. 

In the next 20 years, the number of elderly drivers (persons 70 & over) is predicted to triple in the United States.  As age increases, older drivers tend to become more conservative on the road.  Many mature drivers modify their driving habits (such as avoiding rush hours and heavily travelled roads) to match their declining capabilities.  However, statistics show that older drivers are more likely than younger ones to be involved in multi-vehicle crashes, particularly at intersections.

Continue reading "7 Injured when car crashes into Center City Philadelphia Burger King" »

Authorities in Coatesville, Pennsylvania say four people under the age of 18 have died in a car crash in suburban Philadelphia.

The crash involved only one vehicle and occurred just before 1 a.m. Sunday in West Brandywine Township in Chester County.

Township police say all four riders were ejected from the vehicle, and there were no survivors. WPVI reports that the vehicle went off the road and crashed into the woods.

The cause of the crash is unknown.  The passengers in the vehicles ages ranged from 14 - 16 years in age.

Source:  Associated Press.  July 3, 2011.

One of parents' greatest fears is how their children will act when they are given the keys to the car, or go for a ride with a newly licensed friend.  And rightly, parents have good reason to worry.  Teenagers are immature and inexperienced drivers.   Although Pennsylvania deems teenagers who have reached the age of 16 old enough to drive a car, these teens lack the maturity of adults and other drivers on the road.  What's more, teens are likely to be accompanied by other immature youths that can distract their attention or pressure them into making risky and possibly deadly decisions.

In the accident above, it is reported that all of the teens were ejected from the vehicle.  The vehicle was totaled and found lying on its roof.  One can only presume that this accident occurred because of high speeds or a distracted driver.   

Tragedies like this must serve as a serious reminder for parents to make sure that their children are mature enough to drive before entrusting them with the keys to a car or letting them ride with teenage driver.  Teens must be reminded over and over again that their actions behind a wheel of a car are serious and come with tremendous consequences.  

If you or someone you know has been hurt or killed due the negligence of a teenage driver, call Brent Wieand for a free consultation 267-443-8487. 

Two Philadelphia police officers were seriously injured Wednesday night in a crash between their cruiser and a Jeep at Broad Street and Hunting Park Avenue, police said.

Shortly before 9 p.m., Highway Patrol officers stopped a vehicle containing at least one person at 15th and Wingohocking Streets and requested backup, police said.

Two officers in a 25th District patrol car responded to the call for assistance and headed north. "Both were going northbound," said Lt. Raymond Evers, a police spokesman. "There was some kind of contact, and they ricocheted." Passengers who had been heading north on Broad Street in McCarty's Jeep Wrangler, said the cruiser smashed into the Jeep's left rear bumper as the light at Hunting Park turned green.

The cruiser struck a fence and a pole, Evers said. The female officer's neck and head were injured, and the male officer was injured in the hip area, Evers said.

Source: Philadelphia Inquirer. Thu, Jun. 30, 2011.

We all have witnessed a police cruiser speeding down the highway with its lights and sirens blaring. If you've ever wondered what responsibility emergency vehicles have to others on the roadway, read on!

Emergency vehicles have a duty to drive with regard to the safety of all persons on the road; however, Pennsylvania Law affords responding emergency vehicles a different standard of care than normal negligence. Pennsylvania Courts have found that negligence is lack of due care under the circumstances. The standard of care for a driver of an emergency vehicle is negligence under emergency circumstances. Thus, what may be negligence in driving a vehicle down a street under normal circumstances may not be negligence under the extreme circumstances presented by an emergency situation.

Continue reading "Automobile Crash on Broad St. hurts 2 Philadelphia police officers" »

If you own a registered automobile in Pennsylvania and fail to keep it insured you may be risking serious penalties.  Pennsylvania law is clear that owners of registered motor vehicles must carry minimum levels of insurance - even if the vehicle is inoperable.  The only way a vehicle owner can be absolved of the responsibility to insure a vehicle is to have the registration of the vehicle properly terminated or transferred. 

Failure to insure you automobile may result in fines and the loss of insurance benefits. 

Drivers in Pennsylvania are required to purchase first party "no fault" medical benefits in the amount of $5000 to cover medical expenses in the event of an accident.  These benefits are made available to protect the driver and passengers in a motor vehicle, regardless of which vehicle is at fault in causing the accident. 

If you are a driver of an uninsured vehicle, you will not be eligible for first party benefits.  Moreover, if you are a driver or a passenger of an insured vehicle, and you own an uninsured vehicle, you will be ineligible for first party medical benefits.   In order to be eligible to receive first party benefits a person must have the required insurance on any and every vehicle currently registered in that person's name in Pennsylvania at the time of the accident.

As a further penalty, an owner of a currently registered motor vehicle who does not have financial responsibility will be deemed to have chosen the "limited tort" alternative.  Under the "limited tort" alternative, you give up the right to receive compensation for pain and suffering if you are injured in a car accident in Pennsylvania.  This holds true whether or not the accident in question involves the uninsured vehicle.  

Continue reading "The risks of owning an uninsured registered motor vehicle in Pennsylvania" »

If you are injured in a car accident, one of the first questions your lawyer will ask you is whether you selected the full tort or limited tort option.  It is not uncommon for people to be unsure of what type of policy they have, even though they must sign a waiver to decline full tort coverage.  When I ask my clients if they have "full tort coverage" a frequent response I receive is that "my insurance agent told me I have full coverage."  In fact, the meaning of "full coverage" is uncertain at best, and to many insurance agents, "full coverage" merely means that you have the minimum coverage required to operate a vehicle Pennsylvania.  Too often, people who believe they have "full coverage" are in fact are limited in their right to sue.

In Pennsylvania, drivers are required to select whether they want to be limited or full tort.  Under a limited tort policy, with few exceptions, your rights to bring a claim for compensation following an accident are limited.  Individuals with limited tort policies are not able to sue for pain and suffering and other similar damages, even when they are not at fault.  Limited tort coverage permits a person injured in an automobile accident to only recover for his or her out of pocket medical bills, wage loss, automobile repair costs, and other actual monetary loss.  What's more, when you elect limited tort coverage, family members residing with you may also be bound by this limitation.

An exception to this general rule permits a person with limited tort coverage to pursue a claim for pain and suffering where the injuries they sustained in the accident were "serious."  However, even very painful injuries may not be considered "serious" under Pennsylvania law. 

An individual with full tort coverage, on the other hand, regardless of the severity of the injury, is able to assert a claim for pain and suffering, so long as the accident was not his or her fault.  

Continue reading "WHAT IS THE DIFFERENCE BETWEEN FULL TORT AND LIMITED TORT AUTOMOBILE INSURANCE IN PENNSYLVANIA?" »