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Potentially Liable Parties in a Motor Vehicle Accident Claim

June 10, 2020 By Mark Pinnie

Who Can You Sue for Damages after a Car Crash?

Potentially Liable Parties in a Motor Vehicle Accident ClaimIn the aftermath of a car, truck, or motorcycle accident, you typically look to the party driving the other vehicle (or his or her insurance company) to recover your losses. But is that the only potential source for compensation? What if the other driver is uninsured or has only minimal insurance coverage? What are your other options

As a general rule, most motor vehicle accident claims are based on a legal theory of negligence, which requires you to show that the person being sued failed to act reasonably, causing an accident that resulted in your injuries. However, the person you sue need not be the other driver. Here are examples of other parties who can have legal responsibility for a motor vehicle accident

  • An employer—If the at-fault driver was in the course of his or her employment, you may have a claim against the employer.
  • A provider of alcohol—Under dram shop and social host liability laws, you may be able to seek damages from a person or establishment that served alcohol to the at-fault driver. In Pennsylvania, you must prove that the person was visibly intoxicated when served.
  • The owner of the car—If the owner of the vehicle allowed someone to borrow it, knowing that the person either lacked the skills to drive or had a history of unsafe driving practices, you may be able to sue the owner.
  • The manufacturer of a defective product—You may have a product liability claim if you can show that careless product design or manufacturing practices caused the accident or contributed to your injuries.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Filed Under: Auto Accidents Tagged With: Motor Vehicle Accident Claim

Are the Roads Safer in Pennsylvania Because of Shelter-in-Place?

May 14, 2020 By Mark Pinnie

Statistics Show Tradeoff—Fewer Accidents but More Serious Crashes

Are the Roads Safer in Pennsylvania Because of Shelter-in-Place?Researchers have long known that the number of motor vehicle accidents correlates with the number of cars on the road and amount of time spent driving. The accident toll typically fluctuates when gas prices change—accidents go up when gas prices go down, and vice versa. With Pennsylvania on lockdown for most of the last two months, the reduced number of motorists on the roadways would seem to translate to fewer accidents and safer roads. Is that what’s really happening?

Though statistics are not available for Pennsylvania, evidence from other states suggests the dramatic decline in motorists on the streets and highways across the country has indeed led to fewer accidents. However, a higher-than-normal percentage of those accidents are serious or fatal.

The decline in the number of accidents is easily explained. Research has shown that the number of accidents is fairly predictable, based on the number of miles traveled by motorists. That accident rate has changed very little, despite efforts to make roads safer. Accordingly, when traffic decreases dramatically—California and New York both report traffic to be down more than 50%—the raw number of accidents goes down.

But what accounts for the higher percentage of serious and fatal accidents? New York City had more traffic fatalities in March 2020 than the same period a year earlier, even though there was an 80% decrease in vehicle miles. Experts say that, with fewer vehicles on the roads, motorists are traveling at much higher speeds. The average speed on one section of the Brooklyn-Queens Expressway was four times faster this March than it was a year ago.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

Filed Under: Auto Accidents Tagged With: Motor Vehicle Accidents

Rear-End Crashes in Pennsylvania

April 23, 2020 By Mark Pinnie

Who’s Responsible When One Car Hits Another from Behind?

Rear-End Crashes in PennsylvaniaAccording to data compiled by the NHTSA (National Highway Traffic Safety Administration), about one in every three motor vehicle accidents across the country are rear-end collisions. The statistics show a variety of causes, including excessive speed, failure to allow adequate distance, overly aggressive driving, distracted driving, and operating a vehicle while intoxicated or impaired.

It’s commonly believed that, when one car strikes another from behind, the driver of the trailing vehicle is always legally responsible. While that may be true in the majority of cases, there are situations where the trailing driver may not be liable.

In claims arising out of car accidents, liability is most often based on the legal theory of negligence. Under that principle, all persons in society are held to the standard of care of acting reasonably under the circumstances at any given time. In a lawsuit, the finder of fact (usually the jury) must determine whether the actions of the parties at the time of the accident were reasonable.

With respect to a rear-end collision, the jury may consider these acts of the driver of the trailing car:

  • Was the trailing driver distracted by a handheld device, some roadside attraction, or a passenger in the vehicle, or was the driver not paying attention to the road for some other reason?
  • Was the trailing driver speeding or driving too fast under prevailing weather conditions?
  • Did the trailing driver allow a reasonable distance between the cars to permit safe braking?
  • Was the trailing driver engaging in aggressive behavior?
  • Was the trailing driver drunk or impaired in any way?

The jury also may look at the actions of the driver in front:

  • Were brake or warning lights broken, burnt out, or malfunctioning?
  • Did the driver in front carelessly put the car into reverse?

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Filed Under: Auto Accidents Tagged With: Auto Accidents

Third Party Liability in Motor Vehicle Accident Claims

September 25, 2019 By Mark Pinnie

Recovering Compensation from Someone Other than the At-Fault Motorist

Third Party Liability in Motor Vehicle Accident ClaimsWhen you have been injured in a car accident or other motor vehicle crash, the first place you typically look is to the driver whose act ions caused the collision. Sometimes, though, the at-fault driver may not have the required insurance or other resources to adequately compensate you for all your losses. Though it may seem surprising, you are not limited to filing suit against the other driver—you may successfully recover compensation from other third parties, provided you can prove the elements of negligence

What You Must Show to Prove Negligence

To meet the legal test for negligence, you must demonstrate to a judge and jury that:

  • The defendant did not act as a reasonable person would under the circumstances—All persons in society are held to a certain "standard" or "duty" of care, typically described as that of an "ordinarily prudent" person. To recover any damages, you must first show that the defendant’s actions failed to rise to that level.
  • The "breach" of the duty of care caused the accident—You must show that the accident would not have occurred, but for the failure of the defendant to act as a reasonable person. In addition, you must show that the injury sustained and the losses suffered were "reasonably foreseeable" as a consequence of the failure to act reasonably.
  • You suffered actual loss because of the accident—If all your injuries were covered by insurance, or if the property damaged had little or no value, you will not be able to recover compensation

Types of Third Party Liability for Motor Vehicle Accidents

Third party liability for a motor vehicle accident may be found in a number of situations:

  • Where the accident is caused by an impaired driver—The person or entity providing the alcohol or other substances may have acted negligently
  • Where the accident is caused by a person during the course of his or her employment—An employer may be liable for the carelessness of an employee under certain circumstances
  • Where the accident is caused by someone who is borrowing a vehicle—The vehicle owner might be potentially responsible. Typically, though, there will only be liability if the owner knew or should reasonably have known of the risk posed by the borrower.
  • Where the accident stems from a roadway defect
  • Where the accident is caused by a dangerous or defective product

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Filed Under: Auto Accidents Tagged With: Auto Accidents

Your Options When an At-Fault Driver Is Uninsured or Underinsured

August 30, 2019 By Mark Pinnie

Looking at Other Ways of Recovering Damages for Your Losses

an At-Fault Driver Is UninsuredAfter a motor vehicle accident, it’s typical to gather insurance information from all parties, including the at-fault party. Pennsylvania has different laws governing auto insurance, giving auto owners the option to choose between “no-fault” at “at-fault” types of coverage. If you opt for no-fault coverage, you will always collect compensation from your own insurance company, regardless of who is at fault. However, if you choose “fault” coverage, the person at fault will be responsible for your lost wages, medical bills and other damages.

As a practical matter, when you are looking to the other party to cover your losses, you will recover compensation from that person’s motor vehicle insurance provider. But what happens if that person either had no insurance or only had insurance that covered property damage? Are you without recourse? Not necessarily.

Uninsured/Underinsured Motorist Coverage from Your Own Insurer

You have the option, when purchasing insurance in Pennsylvania, to add a rider to your policy that provides coverage in the event you suffer losses because of the fault of an uninsured or underinsured driver—it’s referred to as UM/UIM coverage. It is not mandatory, though!

If you have been hurt in a motor vehicle accident and you learn that the at-fault driver had no insurance or had minimal insurance, you’ll want to check your policy to see if you have a UM/UIM provision. Don’t expect your insurance agent to volunteer the information—your insurer is a for-profit business and makes more money by paying as little as possible to settle your claim. Instead, it’s in your best interests to have an experience lawyer review your policy.

Other Possible Options

Depending on the factual circumstances, you may have other avenues to pursue for compensation. If there were multiple parties at fault, you can take legal action against all of them. If one of the defendants is deemed to be more than 60% responsible for your injuries, you can recover all of your losses from that party and that party will need to seek reimbursement from other at-fault parties.

If the at-fault party was under the influence of alcohol at the time of the accident, you may be able to pursue damages against the person or establishment who sold the alcohol to the defendant under dram shop and social host liability laws.

If the accident was caused by defects in the roadway—potholes, loose gravel, poorly designed curves, etc.—you may be able to sue the municipality responsible for maintaining the roads.

If the accident was caused by the malfunction or breakdown of a vehicle component, you may have a product liability claim against the designer, manufacturer, distributor or retailer.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filed Under: Auto Accidents Tagged With: Auto Accidents

The Damages Available in a Wrongful Death Lawsuit

April 25, 2019 By Mark Pinnie

What Losses Can You Recover after the Death of a Loved One?

available in a wrongful death lawsuitWhen a loved one has died because of the wrongful actions of another person, there’s no amount of money that can bring them back, that can make you whole. But that doesn’t mean that you haven’t incurred tangible losses, and that you don’t have the right to hold the at-fault party responsible for his or her carelessness or negligence.

As discussed in our earlier blog, before you can recover any damages in a wrongful death action, you must show that you were a real party in interest. If the lawsuit is based on a legal theory of negligence, you’ll also need to prove that the defendant (person from whom you seek compensation) acted unreasonably, causing an accident that led to the death of your loved one.

The Compensation Available in a Wrongful Death Lawsuit

When you’ve lost a loved one in an accident, you have the right to seek a broad range of damages, including:

  • Reimbursement of any funeral or burial expenses
  • Reimbursement of any medical expenses incurred by the deceased before death (that were not covered by insurance)
  • Any lost wages and income or loss of support that the deceased would have provided or contributed. For surviving spouses, the amount is calculated based on the decedent’s life expectancy. For children of the deceased, it’s determined based on the number of years the child would have been dependent on the support.
  • The value of all household services the deceased would have provided, including child care, housekeeping, yard maintenance and other tasks
  • Any loss of companionship, consortium, guidance, affection, comfort or care the deceased would have given you. These types of damages are typically recoverable only by a surviving spouse, children or parents.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filed Under: Auto Accidents, Wrongful Death Tagged With: Auto Accidents, Wrongful Death

Contributory and Comparative Negligence in Pennsylvania

February 27, 2019 By Mark Pinnie

What Happens When You Have Some Liability for an Injury You Sustained?

comparative negligenceWhen you have been hurt in an accident, and there are a number of parties whose actions contributed to your injuries, it’s not uncommon for the court to allocate liability and financial responsibility. But what if you were negligent and caused or contributed to the accident? How will that impact your ability to recover damages for your losses?

Contributory Negligence

For most of the history of the law of torts, the legal principle that applied when an injured party was partially at fault was known as “contributory negligence.” Under the doctrine of contributory negligence, as it evolved, a person may not recover damages for any injury if he or she contributed in any way to the accident or injury. This approach led to defense attorneys looking for any basis to allege contributory negligent, no matter how insignificant. It also came to be perceived as unfair—a defendant could be grossly negligent, but be absolved from liability if he or she could show the least amount of carelessness on the part of the injured party.

Comparative Negligence

In the early 20th century, a few jurisdictions rejected contributory negligence, replacing it with the concept of “comparative negligence.” Every state now has some form of comparative negligence statute on the books.

With comparative negligence, the judge and/or jury will make a determination of the total amount of damages/losses, as well as an assessment of the degree of liability of each party. For example, a jury may conclude that the total damages were $100,000 and that the plaintiff (injured party) was 25% responsible. The total damage award will then be reduced by the percentage of the plaintiff’s responsibility. The plaintiff will then receive $75,000 ($100,000-$25,000).

There are two approaches to comparative negligence:

  • Pure comparative negligence, where the plaintiff will always receive something, unless determined to be 100% responsible
  • Modified comparative negligence, where the injured party will only be entitled to a recovery if his or her liability is less than a fixed percentage (usually 50%). Pennsylvania is a pure comparative negligence state.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filed Under: Auto Accidents Tagged With: Auto Accidents

Absentee Liability—Can You Be Responsible for a Motor Vehicle Accident If You Weren’t There at the Time of the Crash?

August 2, 2018 By Mark Pinnie

Motor-Vehicle-Accident-If-You-Weren't-There-at-the-Time-of-the-Crash

In the aftermath of a motor vehicle accident, particularly if you’ve been hurt in the crash, it’s customary to take a look at the actions of everyone involved in the wreck to see who caused the accident. But you may need to look beyond the parties involved in the collision if you want to get full and fair compensation for all your losses. It may seem counterintuitive, but there’s often potential liability for someone who was nowhere near the scene at the time of the accident. Let’s look at some specific examples.

The Person Who Hit You Was Working at the Time

There’s a longstanding legal principle, known as respondeat superior, which holds an employer responsible for the wrongful acts of an employee, provided the employee was acting in the scope of his employee at the time of the accident. If the person who hit you was driving at the request of his or her employer and engaged in work-related tasks, the employer will typically have liability. If, on the other hand, the employee was on a personal errand or performing a personal task at the time of the accident, the doctrine of respondeat superior does not apply.

The Owner of the Car that Hit You Wasn’t Driving

In many states, the responsibility for insurance coverage follows the car, not the driver. Accordingly, if the owner of the car let someone else borrow it and that person caused the accident, the owner may still have responsibility.

You Were Hit by a Minor

There are a couple theories under which you can recover from the parents of a driver who hit you (while driving the parents’ car). The first is based on the legal concept of negligent entrustment, and requires that the parent have knowledge of the child’s carelessness or past negligent behavior behind the wheel. Negligent entrustment does not apply if the parent had no reason to believe that the child presented a risk. The other theory is one of vicarious liability, which is similar to respondeat superior. If the parent sent the child on an errand and the child caused an accident, the parent may be liable.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Filed Under: Auto Accidents Tagged With: Auto Accidents

Consequential Injuries and Workers’ Compensation Benefits

September 15, 2017 By Mark Pinnie

Consequential Injuries and Workers' Compensation BenefitsOne of the common misconceptions, when you’ve been hurt on the job, is that you can only receive benefits for injuries directly caused by the accident, that your injuries must be substantial, and that they must be obvious. To the contrary, there are times when a seemingly insignificant work-related injury can lead to more serious health problems, ones not directly caused by the accident, but which would not have developed if the accident had never occurred. These are known as “consequential injuries” and will qualify you for workers’ compensation benefits.

Understanding Consequential Injuries

A consequential injury is one that is not directly caused by an accident, but which would not have happened “but for” the accident. Many consequential injuries involve soft tissue or connective tissue, including tendons, ligaments and muscles. For example, you may slip and fall on a slippery floor at work, twisting your ankle. The twisted ankle readily apparent—it may be swollen and you may even see something on an x-ray.

However, you may change the way you walk because of the ankle sprain. Changing your gait may lead to muscle pain in other parts of your body, including your other leg, your lower back and your hips. If the pain or discomfort from those “consequential” injuries makes it difficult or impossible for you to work, you can seek workers’ compensation benefits for those injuries.

Another common “consequential injury” is infection. You may sustain lacerations or abrasions in a work accident, then develop infection in the area of the cut. If the infection prevents you from working, you can qualify for workers’ compensation benefits for the disability and any attendant medical expenses.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filed Under: Auto Accidents, Personal Injury, Workers' Compensation Tagged With: Auto Accidents, Personal Injury, workers compensation

Cheap Gas Tied to Higher Rates of Injury and Death on Roadways

June 16, 2016 By Mark Pinnie

Cheap-Gas-Tied-to-Rise-in-Traffic-Injuries-and-Death

When the price of gas plummeted in late 2014, National Highway Traffic Safety Administration (NHTSA) officials expressed concerns that one of the consequences of lower fuel prices would be an increase in injury and death on America’s highways and streets. They cited a study by Professor Guangqing Chi, of South Dakota State University, which tracked fuel prices and traffic fatalities over the last quarter of a century, finding that when gas prices increased, traffic deaths went down and when prices declines, fatalities went up.

The numbers are in for 2015 and, while the NHTSA’s worst fears did not become reality, officials saw the largest increase in traffic deaths nationwide in more than 50 years. Professor Chi had predicted an additional 9,000 traffic deaths in the United States if gas prices stayed around $2 per gallon. According to statistics, the actual increase was about 8% or just a little over 5,000.

Professor Chi says the correlation is really simple mathematics. When gas prices go down, more people are inclined to take to the roadways, and are also more likely to travel further. Many individuals and families may choose to drive, rather than fly, to a vacation destination. Assuming that the fatal accident rate remains the same, if there are more drivers on the road for more hours, the number of deaths will rise. Chi says the impact has been felt most acutely by younger drivers, who have less discretionary income and may not need to drive for work or other obligations. Because their driving is mostly recreational, they tend to do more of it when gas prices are lower.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filed Under: Auto Accidents

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