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Philadelphia Personal Injury Law Blog

Man killed in accident by alleged drunk driver

A 34-year-old Pennsylvania man died in a three-vehicle crash in Lehigh County on May 28 after his vehicle was rear-ended by a box truck. The box truck driver was arraigned on Oct. 26 after extradition from North Carolina.

The truck driver, a resident of Hellertown, allegedly had a blood alcohol content of .22 percent when tested after the accident. According to police, the man fled to North Carolina and was taken into custody in September, but extradition proceedings delayed his return to Pennsylvania. He is facing charges of vehicular homicide while driving impaired, involuntary manslaughter and reckless endangerment. A Lehigh County judge remanded him to jail without bail. The driver had previous drunk driving charges in 2012. At that time, he received six months' probation after entering a guilty plea.

GM recalls another 57,000-plus cars and trucks

Pennsylvania motorists might be interested in the details of the recent GM recall affecting some 57,182 vehicles. In all, the Detroit-based automaker has issued 74 recalls in 2014, altogether affecting approximately 30 million cars and trucks, reportedly. According to authorities, the reasons for the Oct. 4 recall involve potential wiring problems and the possibility that the engines in some vehicles may shutdown inadvertently.

Specifically, GM is recalling 46,873 Chevrolet Caprices and Pontiac G8s because of a risk that the driver's knee could accidentally knock the key out of the run position, disabling the engine and air bags. According to the automaker, the problem will be addressed with a reconfigured key.

Vaginal-mesh implant case resuls in $21 million settlement

Pennsylvania women who received vaginal-mesh implants may be interested to learn that medical device manufacturer C.R. Bard, Inc., said that it would pay more than $21 million after being targeted with no less than 500 separate lawsuits. According to reports, the settlement, with an average payout of $43,000 per case, follows a West Virginia judge's order commanding Bard to take part in trials for all the lawsuits. Analysts predicted that these settlements were only the beginning of an emergent trend.

Litigation over the vaginal mesh devices alleged that many of the women who received them were injured by a defective product in the process. Some victims complained of suffering continual pain, and others experienced internal organ damage. Reports also noted that after learning about thousands of related lawsuits, the U.S. Food and Drug Administration demanded more stringent safety requirements for devices in this class and commanded C.R. Bard and two other companies to enact assessments of the roles that vaginal mesh might play in injuries and complications.

Largest Pennsylvania settlement awarded after crash claim denied

A Feasterville man won the largest insurance settlement in Pennsylvania history during the week of Sept. 28. The bad faith insurance settlement is also the largest in the nation that involves an automobile accident. A claim filed in 2009 for $250,000 was rejected by Allstate, which led to the eventual settlement that is 88 times more than the amount available with the insurance policy originally cited at the beginning of the case.

The accident occurred on July 26, 2009 around 2 a.m. when the vehicle the 24-year-old Feasterville plaintiff was in rear-ended a vehicle headed north on a boulevard. The 24-year-old and the driver of the car exited the vehicle in order to move it to the side of the road, but a vehicle hit the passenger and crushed his leg. The plaintiff suffered severe injuries, and his right leg was eventually amputated above the knee.

2 men facing charges in Pennsylvania hit-and-run accident

A 21-year-old man and a 27-year-old man are both facing charges after a hit-and-run in East Mount Airy. Authorities say that a green SUV being driven by the 21-year-old hit a red sedan around 8:30 p.m. at the intersection of East Gorgas Lane and Ardleigh Street. Authorities say that a 73-year-old man behind the wheel of the sedan was killed. His 13-year-old grandson suffered minor injuries in the crash.

Police say that the man was picking up the child from football practice. The two men in the SUV reportedly suffered injuries and attempted to flee the scene of the crash on foot. However, the driver was later apprehended on 6800 block of Sprague Street. Police also managed to apprehend the passenger on Gorgas Lane. Authorities said that intoxication may have played a role in the accident and that the crash is still under investigation.

Tractor-trailer crash kills 3, injures 2

Pennsylvania State Police are investigating the cause of a fatal truck accident in Lancaster County that claimed the lives of three people and left two other people injured. The accident transpired at approximately 8 a.m. at the intersection of Churchtown Road and Pennsylvania Route 340.

According to authorities, a southbound pickup truck carrying four people collided with a westbound semi-truck at the intersection. Reportedly, both vehicles rebounded onto the yard of a nearby residence, where at least one the vehicles caught fire.

The dangers associated with texting and driving

Pennsylvania drivers might be aware of the fact that using a cellphone in certain capacities while driving is against the law in many states. One of the essential reasons behind this ban is the statistical relationship between using a cellphone behind the wheel and motor vehicle accidents that result in catastrophic and fatal injuries.

Nationwide, 18 percent of fatal traffic accidents in 2010 were causally linked to distracted driving, according to statistics compiled by the National Highway Traffic Safety Administration. Altogether, distracted drivers caused the deaths of 3,092 people that year. Furthermore, accidents attributed to distracted driving left some 416,000 people with injuries in 2010.

Liability in car accidents often turns on negligence

Pennsylvania readers may be surprised to learn that there were 5,615,000 car accidents reported by police during 2012, according to the National Highway Traffic Safety Administration. Motor vehicle accidents lead to more personal injury claims than any other cause, and the crashes often happen because of negligence on the part of a driver. Other causes might include vehicle malfunctions or an unsafe roadway.

Generally, negligence is defined as a failure to exercise reasonable care. That failure may be used as evidence of liability for damages sustained by another party involved in the car accident. The legal system looks to the facts of the case to determine if a driver was negligent. For example, negligence may take the form of driving faster than the speed limit, ignoring traffic signals, driving inappropriately given weather conditions or any other factor suggesting a lack of reasonable care.

1 dead after van strikes motorcycle

A two-vehicle accident near Henry, Pennsylvania, on Aug. 29, left a New York woman dead. The fatal accident involved a motorcycle and a van.

Officials were called to the scene of the accident near Route 281, on Bruceton Road, just after 5:30 p.m. in reference to the accident. According to reports, a 55-year-old Glenville woman was riding on the back of a motorcycle being driven by a 49-year-old man. They were riding north on Bruceton Road when a southbound van crossed the centerline into their lane.

Family of injured girl files suit against former school coach

According to reports, a Philadelphia school district, the district's superintendent and a former coach are facing a federal lawsuit for injuries a female soccer player suffered during her involvement in a school soccer game on Aug. 20, 2012. In the claim filed on Aug. 20 of this year, the girl's Upper Uwchlan parents state that because of the injury, their daughter has suffered physically and academically, having missed 80 days of school.

The lawsuit states that the student's injury occurred as she was competing in a school soccer scrimmage and collided with an opposing team player. She claimed to have felt her neck snapping upon impact. She also said that the coach decided to have her stay in the game despite the opposing coach's insistence that she should be removed from the game and examined for a concussion. Two days after the incident, a doctor diagnosed the girl as suffering from a traumatic brain injury.

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EISENBERG ROTHWEILER WINKLER EISEBBERG & JECK PC

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