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Pottsville PA Personal Injury Law Blog

Truck driver cited in fatal Pennsylvania truck accident

Truck accidents can cause extensive harm to victims and their families. A truck driver was recently cited after a fatal truck accident in Pennsylvania. A 61-year old woman died when her vehicle was rear-ended by the tractor trailer as she was slowing for construction. The 36-year old truck driver was driving his semi truck at high speed when struck the woman's vehicle from behind. According to authorities, the truck driver was cited for speeding.

When the semi truck struck the woman's vehicle it resulted in a multi-vehicle accident involving four vehicles. The victim's vehicle hit a third car which subsequently rear-ended a fourth vehicle as a result of the initial impact suffered by the speeding semi truck that failed to stop. Two victims in two of the other vehicles suffered injuries and the victim who was killed was pronounced dead at the scene of the accident.

The problem of distracted driving is real

Distracted driving is unquestionably dangerous and a serious concern on our roadways. During 2015, nearly 4,000 victims lost their lives in distracted driving-related car accidents. A total of 3,477 victims were killed in distracted driving accidents and 391,000 were injured in distracted driving accidents during 2015 which impacts victims, families and communities. Distracted driving is a real danger for victims and their families.

Distracted driving includes any activity that removes the driver's focus from the roadway. Distracted driving can refer to many different behaviors drivers may, unfortunately, engage in every day. Distracted driving increases the chances of a car accident and drivers must provide their full attention to the task of driving to perform it safely. Texting while driving is considered the most dangerous form of distracted driving and removes the driver's attention, eyes and hands from the task of driving.

Help is available for victims of medical misdiagnosis

When an illness or disease is not properly diagnosed, it cannot be properly treated. An erroneous diagnosis can result in a worsened medical condition and even death. Fortunately, legal protections are available to help victims through the challenges they face because of a medical misdiagnosis or a failure to diagnose. Victims may suffer physical, financial and emotional damages because of a failure to properly diagnose a medical condition the victim is already suffering from.

In general, if the failure to diagnose results in disease progression or harm beyond what would have occurred had the medical condition been properly and timely diagnosed, the medical professional may be liable to the victim for damages. When a medical condition is not timely or properly diagnosed, it can result in the disease or illness not being properly treated or the victim may receive treatment for a condition they do not have and did not need.

Fatal Pennsylvania truck accident claims life of victim

Truck accidents can have a broad impact on the victims and their families. In a Pennsylvania community south of the Pottsville area, a recent truck accident left a bicyclist dead. The 53-year old driver of the dump truck that struck the victims was charged with leaving the scene of an accident and other charges. The bicyclist was not breathing when authorities arrived at the scene of the accident. The victim appeared to have a broken neck and broken ribs, as well as other injuries. The victim was found on one side of a guardrail while the victim's personal items and parts of his bicycle were found on the opposite side of the guardrail.

The victim was airlifted to a local hospital where he was declared dead. Witnesses reported that a blue and white dump truck hit the victim and then dragged the bicycle underneath it as it fled the scene of the truck accident. According to court records, authorities later located the dump truck with fresh damage to the passenger side and remnants of the bike. The driver of the dump truck ultimately admitted involvement in the fatal truck accident.

Victims of drunk drivers are legally protected

Being hit by a drunk driver can unexpectedly change the lives of victims forever. Drunk driving accidents can result in serious injuries being negligently caused by a drunk driver or a fatal accident wrongfully claiming the life of a loved one. Drunk drivers may face different consequences through the legal process including both criminal and civil penalties and consequences that can help victims.

When a personal injury or wrongful death claim for damages is brought against a drunk driver, the drunk driving charges against them may be used as evidence of negligence in a civil claim for damages. A personal injury claim for damages and a wrongful death claim for damages can help victims recover compensation for the harm they have suffered. In circumstances when victims have been injured by a drunk driver, they may be able to recover compensation for medical expenses, lost wages and pain and suffering damages.

What do I do if hit by an uninsured or underinsured motorist?

Being involved in a car accident can be traumatic enough but, after unexpectedly being hit in a car accident, it can be overwhelming to discover the other driver does not have car insurance. You may wonder what to do and the answer is that uninsured motorist and underinsured motorist insurance coverage can help. Uninsured motorist and underinsured motorist coverage can help with the damages suffered in an uninsured motorist accident.

Drivers are required to carry certain minimums of insurance coverage but they do not always. When you have been hit by an uninsured motorist or an underinsured motorist, your insurance may pay for your damages if the uninsured driver was negligent and caused the accident; the other driver is uninsured or underinsured to properly compensate you for your damages; or if you have been the victim of a hit and run accident.

State supreme court issues important medical malpractice ruling

Medical malpractice claims are an important resource for victims and their families harmed by medical negligence. A recent state supreme court decision in Pennsylvania could result in a greater number of medical malpractice claims. The court returned a case to the lower court, finding that a doctor could not delegate the task of obtaining informed consent for a risky procedure to a physician's assistant. The court found that the neurosurgeon could not rely on the physician's assistant to obtain informed consent for surgery to be performed on a brain tumor.

A couple brought a medical malpractice claim in Pennsylvania after the brain surgery operation resulted in hemorrhage, stroke, brain injury and partial blindness to the wife who was the patient. A surgical error by the neurosurgeon, perforating an artery, was blamed for the injuries and harm the woman suffered. The supreme court found, while reviewing an appeal of the lower court's decision, that obtaining informed consent requires a face-to-face exchange between the patient and the doctor and that the doctor must provide sufficient information to obtain informed consent.

Truck accident basics

Truck accidents can have an enormous impact on the lives of victims. Victims may be left suffering with unexpected injuries, medical expenses, an inability to work and emotional trauma oftentimes associated with a truck accident. Because trucks can weight 25 times the average passenger vehicle, the consequences of a truck accident can be catastrophic. During 2006, truck accidents resulted in nearly 5,000 fatalities and 106,000 injuries.

Truck accident victims may face a difficult recovery process and may incur damages including medical expenses, lost wages and pain and suffering damages. A personal injury claim for damages can help victims recover compensation for the physical, financial and emotional damages suffered in an unexpected truck accident. When a truck driver has negligently caused a truck accident, they may be liable to compensate victims for the damages they have suffered.

Authorities are cracking down on drunk driving

Drunk and impaired driving is always a concern on state and national roadways. Police in a nearby community southeast of the Pottsville area are cracking down on drunk motorcycle riding and other forms of drunk driving. The drunk driving enforcement campaign will continue through Labor Day. A representative for local district attorney's office noted that national and statewide messaging, in conjunction with increased enforcement, are hoping to reduce the amount of impaired riding that takes place on the nation's roadways.

The new zero-tolerance patrols come as a new law is going into effect that will allow first-time DUI offenders to choose to have an ignition interlock device installed in their cars rather than losing their driver's licenses for a year. The devices prevent the vehicle from starting if the driver is impaired. Over the Labor Day holiday during 2015, there were 460 car accident-related fatalities nationwide. Of those fatalities, 41 percent involved drivers who have been drinking.

Legal resources help victims of nursing home harm

Nursing homes employ trusted caretakers to care for residents entrusted to the nursing home by their family members. Nursing homes employ nurses, licensed practical nurses, certified nursing assistants and nurses' aides to provide care for patients. When a loved one has been harmed in a nursing home, it can be devastating. Nursing home negligence and nursing home errors can result in serious and fatal injuries that may be considered wrongful death.

Wrongful death claims are a legal resource available to loved ones and surviving family members of victims wrongfully killed such as from nursing home negligence, neglect or abuse. A wrongful death claim for damages can help surviving family members with the physical, financial and emotional harm caused by the wrongful death of their loved one. Wrongful death claims are brought on behalf of surviving family members and can help them with damages such a funeral expenses, loss of support and services, loss of companionship and pain and suffering damages.

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