Fanelli, Evans & Patel, P.C.Pottsville PA Personal Injury Attorneys | Medical Malpractice, Criminal Defense2024-03-14T13:43:46Zhttps://www.feplawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1501649/2020/12/cropped-Favicon-32x32.jpgOn Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=526072024-03-14T13:43:46Z2024-03-14T13:43:46Z18-wheeler crash should consider all the potential causes of what has happened to more effectively determine how to proceed with their case.
Trucker error
Trucker error encompasses many actions, including speeding, driving under the influence of alcohol or drugs and fatigue. Tractor-trailer drivers face long hours on the road, which can lead to decreased alertness and slower reaction times. The pressure to meet tight delivery schedules may push some drivers to take risks, such as speeding or forgoing required rest periods, that increase the likelihood of crashes.
Improperly secured cargo
Another critical factor contributing to tractor-trailer accidents is improperly secured cargo. The contents of these large vehicles can weigh thousands of pounds. Shifts in cargo can lead to loss of control, especially at high speeds or in difficult driving conditions. Improperly secured cargo can also fall off the trailer, creating hazardous obstacles for other vehicles on the road.
Lax maintenance
Regular maintenance is crucial for the safe operation of any vehicle, and this is especially true for tractor-trailers due to their size and the complexity of their systems. Lax maintenance can lead to failures in critical components, such as brakes or tires, which can cause catastrophic accidents.
Defective components
Defective components are a significant hazard in the operation of tractor-trailers. These defects can stem from manufacturing errors or design flaws and may affect vital systems such as steering, braking or lighting. Even with diligent maintenance, a defective component can fail unexpectedly, leading to loss of control or the inability to stop the vehicle in time to prevent a crash.
Semitruck crashes can lead to catastrophic injuries for victims. In some cases, they may cause fatalities. Victims or their surviving loved ones – depending on the severity of a particular crash – may opt to seek compensation for the financial damages related to a wreck. Seeking assistance from a legal representative can help them to learn their options and to get their cases established and moving forward.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525932023-12-15T15:21:18Z2023-12-15T15:21:18Zcamera to good use in the following ways.
Take broad shots of all the vehicles involved
Whether you’re involved in an accident with just one other vehicle or several, try to get photos of them all from various angles. The goal is to get an overview of their positions relative to each other. Photos from the front, back and sides of the scene can be very useful if an accident reconstruction expert needs to be involved later.
Get close-ups of the actual damage
Details do matter, especially when there’s an insurance claim involved. Try to get close-up shots of the damaged vehicles – including their insides (if you can see them). Interior damage and deployed airbags indicate an accident was more serious.
Take shots of the street and surroundings
Is there debris from the wreck in the middle of the street? Can you see skid marks where you or the other driver applied the brakes? Are the roads snowy or wet? What are the traffic conditions? Images of these can provide significant clues about the sequence of events that led up to the wreck.
Take photos of any obvious injuries
If you or your passengers have suffered injuries, take photos as soon as possible. Continue to document the injuries throughout the healing process as you recover, since that can help establish their severity and the extent of your suffering.
If you aren’t able to take photos yourself after a wreck, hand your phone to a passenger who is in better shape or a Good Samaritan who offers to help. Learning more about your legal options can also be helpful as you pursue a claim for compensation.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525902023-10-03T17:16:47Z2023-10-03T17:16:47ZAdverse weather conditions
Driving during the winter, in the middle of a snow or ice storm, increases your risk significantly. Even in other climates, however, where it does not snow, exposure to high winds and fog can increase your risk of an accident. Ensure you check the weather in your area before getting on the road.
Driving at night
Driving at night is the most dangerous time to drive. Most accidents happen at night due to low visibility, falling asleep at the wheel, drowsiness or being on medication that affects a driver’s ability to drive normally.
In addition to the above, it is easy to miss objects on the road, construction sites and traffic signs when it is dark outside. If you must drive at night, ensure you are extra careful and if you can, drive with someone else and take turns driving.
Special events and holidays
It is also dangerous to drive when there are special events in town, which can increase traffic significantly. Holidays have the same effect, and both expose you to additional risks, such as clashing with a drunk driver or a driver under the influence of drugs.
While you are always at risk if you drive, there are times when it is more dangerous to do so. It is critical to be aware of those times, which allows you to plan ahead and take action to lower your risks. It is important to be mindful and aware of these risks for the safety of you and everyone else on the road.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525892023-06-15T17:23:37Z2023-06-15T17:23:37ZAccording to recent crash test data from the Insurance Institute for Highway Safety (IIHS), smaller is not any better, particularly when it comes to protecting passengers – specifically children – in rear seats.
Poor ratings reveal troubling trends
Out of five small cars undergoing testing, not one earned a good rating. Only the Honda Civic and Toyota Corolla sedans were deemed acceptable. Poor ratings went to Kia Forte, Nissan Sentra, and Subaru Crosstrek. To earn a good rating, no sign of significant injury risks to the head, neck, chest, thigh, or abdomen must exist.
Following data revealing fatal injury risks are higher for belted occupants in the backseats, as opposed to front seats, IIHS updated their moderate overlap front test. Testing revealed the rear dummies “submarining” under the seat belt, resulting in the belt riding up to the abdomen, which increases the risk of severe internal injuries.
The issue is not that rear passengers face more risks. However, front-seat travelers enjoy the significant improvements that resulted in the current data, including better airbags and more advanced seat belts currently not available in back seats. One caveat is the back seat is safest for young children. Front seats can result in injuries from airbag deployment.
Keeping drivers and passengers safe should be a priority for automobile manufacturers. The slightest oversight or defect carries catastrophic consequences that could lead to serious and potentially fatal injuries.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525232023-02-08T16:29:03Z2023-02-08T15:22:35ZWhat responsibilities do property owners have?
Property owners (including those responsible for business properties) are responsible for keeping areas where people would usually walk through clear and safe. Every municipality in Pennsylvania has its own set of rules concerning how long after a storm a property owner must remove any remaining snow and ice.
In many cases, if a property owner does not adhere to those regulations, they are automatically subject to penalties in the form of fees. However, it is an entirely different situation when it comes to slip-and-falls.
Melting snow and ice on the street or sidewalk, walking up the stairs of a public building or walking from a city-owned parking lot to an office building and falling can have serious consequences.
Slip-and-falls can cause significant disruption for the injured person and the individual or entity responsible for keeping the area clear of snow and ice or warning people that there is a slight delay in clearing the area for some reasonable explanation people should avoid walking through the area.
If the property owner fails to follow the law
In cases where the slip-and-fall could have been prevented, the injured person may have a claim against the property owner if the injuries could have been prevented had the property owner followed the law.
The same is true of businesses. Suppose a person slips and falls in a supermarket because there is a clearly wet and dangerous area. In that case, the business owner could also be held liable.
Property owners and businesses need to be cautious and take action as soon as possible, even if that means putting up a sign warning people that the area is unsafe and blocking it so individuals cannot walk through it.
Slip-and-falls can be extremely painful and, in some cases, cause severe injuries. Understanding your rights under the law is critical. For property and business owners, remember that ignorance of the law is not a defense.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525222023-01-19T16:31:10Z2023-01-19T16:31:10ZAn apology can be an admission of fault
Any apology, even if you simply say that you are sorry, is up for interpretation as an admission of guilt for the accident. If the insurance company latches onto your apology, they can try to use that admission of being at fault as grounds for denying partial or full compensation for your damages. Keep in mind that determining fault is the role of law enforcement and insurance investigators and that you likely do not know all of the facts surrounding your accident.
Follow the recommended steps after an accident
Following an appropriate course of action can strengthen your chances of receiving a favorable settlement after an accident. Insurance experts recommend taking certain responsible steps, including calling 911 immediately, exchanging information with the other party and documenting the accident.
There is a certain moral obligation to express concern for another party in a car accident and to render aid if you are able. However, providing an apology before speaking to your insurer and your legal team can be premature and even harmful to your own case.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525212022-12-17T02:45:20Z2022-12-17T02:45:20ZBeing dishonest
Experts explain that many patients lie or alter details because they feel embarrassed about the reality of the situation. Being dishonest about the nature of your accident or about your medical history can hinder the type of medical treatment you receive and, by extension, the outcome of your personal injury claim.
Stopping treatment prematurely
It is important to continue treatment and show up to every medical appointment until your physician clears you. You might surrender some or all of the compensation due to you if you decide to end treatment prematurely.
Not maintaining personal records
It is good practice to keep your own records and documentation regarding doctor visits, referrals and other healthcare interactions following your auto accident. Ensuring you have all relevant documentation on-hand can give you the best chance at supporting your claim with solid evidence.
Getting the treatment you need should always be the top priority after a motor vehicle accident. Even after confirming your good health, however, it is crucial to follow the correct steps with your doctor to ensure that you receive the full amount of compensation you deserve for the damages sustained.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525192022-12-12T17:21:55Z2022-12-12T17:21:55Zsixth most dangerous state to drive during the winter. Combine freezing drizzle, sleet, snow and blowing snow, and you have the elements of a potential skidding motor vehicle accident.
Three years of data reviewed
In coming up with Pennsylvania’s alarming ranking, MoneyGeek based its findings on data collected from the National Highway Traffic Safety Administration (NHTSA) and the Fatality Analysis Reporting System (FARS) for the years 2018 to 2020.
Three neighboring states – Ohio (4), West Virginia (15) and New York (20) – made the dubious distinction of making the Top 20 list of most dangerous states to drive during winter.
During the three-year period that the agencies tallied the statistics, Pennsylvania recorded 84 winter road fatalities. That number represented the third most deaths of any state, ranking behind Michigan (146) and Ohio (100).
Important driving tips
Drivers must be well aware of winter road conditions. Some crucial winter driving tips include:
Maintain safe speeds: It remains prudent to drive slowly and cautiously. Being in a hurry and driving too fast for conditions are ingredients that may lead to crashes and spinouts, potentially leading to serious injury.
Increase following distance: You gain a greater stopping distance when doing so. Consider changing the four-second distance rule to as much as eight seconds when inclement weather affects roads.
Brake efficiently: Pump standard brakes, while pressing and holding anti-lock brakes.
Slow acceleration and deceleration: Tire traction improves when following this driving guideline. The results may decrease any chance of skidding.
Abiding by these guidelines just may prevent a crash, potentially leading to life-changing or fatal injuries.
Understand the dangers
Face it. Pennsylvania roads may be treacherous during the winter. All it takes is one reckless and negligent driver to cause a collision. Remain careful and cautious on state roads and understand that danger may surface at any time.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525152022-12-07T15:13:00Z2022-12-07T15:13:00ZThe most recent data we have is from 2020. That year, men overall were involved in roughly one-third more car accidents in Pennsylvania than women (99,319 to 62,131). While the 21-25 age group experienced the most accidents for both sexes, the men in that group led all age groups with over 13,000 accidents. The good news is that research shows the volume of accidents decreases with age for both men and women. However, men did show an elevated number of accidents across all age groups.
Why are men more at risk?
There may be certain behavioral reasons for the risks of accidents, including fatal ones, for men and women. The Insurance Institute For Highway Safety (IIHS) has found that men typically drive more frequently than women. Other risk factors their research cites include decreased seat belt use and increased risk of things like speeding and driving after consuming alcohol.
Between the PENNDOT and IIHS data, safe driving habits are crucial for all drivers, but especially those 25 years old and younger. Parents can help by setting a good example for their children at a young age by emphasizing seat belt use, obeying speed limits and other basic safe driving practices. It becomes tough once these people leave home and are on their own, but these steps may be a good way to reduce the number of accidents between these groups.
What we should do with this information
None of this research is to say that men or women are worse drivers or that we should vilify any group of drivers. Again, anyone can find themselves involved in a car accident. We find that our car accident clients come from many different backgrounds and demographics. When we can have information on things like common causes of car accidents, when accidents are most likely to happen or who is most likely to be involved, we can work as a society to address these vulnerabilities to make our roads safer for everyone.]]>On Behalf of Fanelli, Evans & Patel, P.C.https://www.feplawyers.com/?p=525092022-11-21T20:10:09Z2022-11-22T20:09:14ZSigns of a mechanical failure
When you review the accident report, explore the cause of the crash. Was there a mechanical failure involved? Whether it was a brake failure, steering rack problem or tire blowout, any mechanical failure requires careful investigation.
Mechanical failure resulting from a manufacturing flaw means the truck manufacturer is liable. An oversight in ongoing maintenance can result in liability for the mechanic.
Signs of irresponsible behavior
Commercial truck drivers spend many hours on the road. Sometimes, complacency leads to distracted driving. A desire to meet load deadlines or get home can encourage reckless decisions, such as violating hours of service limits. Insufficient sleep creates a hazard on the road as well. Indications of irresponsible driving mean the driver may be liable.
Signs of poor business judgment
Commercial trucking companies are not immune to poor judgment. Sometimes procedural oversights lead to unsafe drivers being out in the field. If the driver does not have a commercial license or is unable to safely operate the truck, the trucking company may hold liability.
Commercial truck accidents can be difficult to navigate, especially following a serious injury. Understand where liability may fall so that you can pursue your case.]]>