Posts Tagged ‘auto accident’
Evidence of Seat Belt Use Inadmissible in Auto/Truck Negligence Claims
It is widely recognized that the use of seat belts saves lives and lessens the 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.
Although seat belt use is required by law in Pennsylvania, it is considered a secondary offense. As a secondary offense, a motorist can not be stopped by the police and cited simply for not wearing a seat belt. Tne police can only stop a vehicle if there is a primary offense observed. If the police stop a vehicle based on a primary offense (such as speeding) and the police also observe that the driver was not wearing a seat belt, the driver could then be charged with both speeding and failure to wear a seat belt.
If a negligence claim is filed for personal injuries suffered as a result of a motor vehicle accident (auto or truck), the question of whether the injured party was wearing a seat belt is often raised. The reason the question arises is because the defendant driver wants to argue that if the injured party had been wearing a seat belt, he may not have been injured or his injuries may not have been as serious. Thus, seat belt use goes to the issue of an injured person’s contributory/comparative negligence. However, evidence of seat belt use (or the lack thereof) is strictly prohibited by 75 Pa.C.S.A. 4581 (e) in court.
The attorneys at Dougherty, Leventhal & Price, L.L.P. represent auto and truck (tractor-trailer) accident injury victims throughout Northeastern Pennsylvania. DLP regularly represents clients injured due to the negligence of others in the following counties: Lackawanna, Luzerne, Pike, Wayne, Schuylkill, Wyoming, Montour, Lycoming, Sullivan, Monroe, Susquehanna, Bradford, Tioga and Columbia. If you or anyone you know needs legal representation for serious injuries suffered in an automobile or tractor-trailer accident, call (or advise them to call) a lawyer at DLP as soon as possible after the accident for a free no-obligation consultation.
Pennsylvania Legislature Considers Banning Cell Phone Use While Driving
The Pennsylvania Legislature is currently reviewing proposed legislation that would ban all cell phone use while driving in Pennsylvania, including talking and texting use of any PDA. One of the main issues that remains to be determined is whether the ban would be considered a primary offense or a secondary offense. A primary offense is one in which a police officer could stop a motorist for performing. A secondary offense is only actionable by a police officer if the driver could be stopped for some other motor vehicle violation such as speeding or an inactive tail light.
As cell phone use has become more prevalent, their use by drivers has been the cause of more and more accidents due to driver distraction. If you are in an accident, you should try to determine if the other driver who caused the accident was using a cell phone that distracted his attention at the time of the accident.
If you are injured in an auto accident or a truck accident in Pennsylvania due to someone else’s negligence or carelessness, you should call the attorneys at Dougherty Leventhal & Price, L.L.P. for a free consultation regarding your rights. The lawyers at DLP have been representing injured auto accident and truck accident victims for over 25 years in Northeastern Pennsylvania, including victims in Lackawanna County, Luzerne County, Monroe County, Pike County, Wayne County, Wyoming County, Bradford County, Sullivan County, Lycoming County, Susquehanna County, Schuylkill County, Montour County, Columbia County and Tioga County. DLP has offices in Moosic, PA, Kingston, PA, Hazleton, PA and Honesdale, PA.
DLP Attorneys Represent Driver Injured by Tractor Trailer on Interstate 81
The attorneys at DLP are representing a driver seriously injured in a 24 vehicle chain reaction accident that occurred on Interstate 81 in Scranton, PA. The accident was caused by the carelessness and negligence of two tractor trailer truck drivers who were driving too fast for conditions when they lost control of their vehicles on the icy roadway. DLP will be fighting the tractor trailer drivers’ respective insurance companies to get their client the compensation he deserves for the serious injuries he suffered in the accident.
If you have been injured by a negligent tractor trailer truck driver anywhere in Pennsylvania, contact the lawyers at DLP for a free no obligation consultation. DLP attorneys represent injured accident victims in counties throughout northeastern Pennsylvania. In addition to tractor trailer truck accidents, we also represent injured victims of auto accidents, motorcycle accidents, slip and fall accidents, product defect accidents, work accidents, professional negligence and medical malpractice.
Jury Awards Driver $693,000.00 Against GMC
A Lackawanna County Jury decided that General Motors Corp. owes a Scranton man $693,000.00 as a result of a motor vehicle accident.
The plaintiff, John Lance, suffered injuries after crashing into a tree while pulling into a driveway. Legal papers filed by personal injury Attorney Joseph Price of the DLP Law Firm alleged that the accident resulted from an improperly installed crank shaft on the plaintiff’s Chevrolet vehicle. The crash resulted in injuries throughout Mr. Lance’s spine that prevented him from working for several years.
The jury award granted $620,000.00 to Mr. Lance for pain and suffering. The remainder of the award was for medical expenses and lost wages.
The Complaint stated that the steering failed because a bolt in the crank shaft’s pulley broke causing the pulley and the harmonic balancer to fall from the front of the engine. A report prepared by General Motors subsequent to the accident appeared to confirm this contention. Attorney Price indicated “The jury was able to decide from the facts presented that there was an obvious flaw with the vehicle. This flaw caused severe injury to my client. I’m pleased that the jury saw this for what it was and issued a verdict in favor of Mr. Lance”.
Gas Field Workers – High Risk of Injury?
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