DelVecchio & Miller, LLCDelVecchio & Miller, LLC2024-03-16T16:58:41Zhttps://www.dmlawpgh.com/feed/atom/WordPress/wp-content/uploads/sites/1103120/2023/04/cropped-site-identity-32x32.pngOn Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495642024-03-13T16:59:26Z2024-03-16T16:58:41ZThe presence of aggravating factors
Catastrophic collisions usually involve special circumstances. For example, a crash might occur between a standard-size passenger vehicle and a massive semi-truck. Other times, the crash might involve someone operating their vehicle at an inappropriately fast speed. Unlike fender benders that typically involve a momentary lapse of judgment, catastrophic crashes frequently involve more serious traffic infractions, issues with vehicles or other special circumstances.
The long-term consequences
What truly separates a catastrophic crash from the average wreck is the long-term consequence the incident has on the people involved. A catastrophic crash generates injuries with long-term or permanent consequences. Sometimes, they lead to people dying. Other times, they might generate traumatic brain injuries, spinal cord injuries, amputations or disfiguring wounds.
These injuries might require hundreds of thousands of dollars in medical treatment and could change someone's earning potential as well. The unfortunate truth is that the average motor vehicle liability insurance policy does not provide enough property damage or bodily injury coverage to fully reimburse someone after a catastrophic crash. Sometimes, basic car insurance provides only $15,000 in coverage for injuries after a crash.
The affected party or their surviving family members may need to consider pursuing a personal injury or wrongful death lawsuit. Driver who did something illegal or negligent could have personal responsibility for a crash. Businesses could also be accountable in scenarios involving semi-trucks, defective vehicle parts and other unusual circumstances.
Properly responding to a catastrophic car crash often requires first quantifying the economic consequences of the collision. Those who secure proper support may have a better chance of mitigating the negative impacts of a catastrophic car wreck.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495622024-03-13T16:50:42Z2024-03-13T16:50:42ZA loss of consciousness
Obviously, someone rendered unconscious who people cannot rouse requires emergency medical evaluation after a crash. Severe brain injuries may leave someone in a long-term state of unconsciousness. However, someone does not need to slip into a coma for a loss of consciousness to be an indicator of a TBI. Even fainting for a few seconds during or after a crash could be a warning of a brain injury.
Persistent or worsening headaches or nausea
It is normal for someone in a stressful situation to experience a tension headache. People might think that the low-grade headache they experience after a crash is a temporary symptom. However, it might persist for weeks and could potentially worsen because it is the result of swelling and bleeding inside the skull. A feeling of nausea can also be a warning sign of a TBI, as can vomiting. People who vomit after a crash or who feel nauseous afterward may require evaluation for a TBI.
Sensory symptoms
The brain expends a lot of energy analyzing sensory information. Those with TBIs may notice a difference in how they perceive the world. Blurry vision is a common issue, as processing incoming visual information is one of the most strenuous activities the brain routinely performs. People may also notice a change in their sense of smell and taste or ringing in their ears.
Other symptoms of brain injuries include changes in motor function, shifts in mood or personality, memory issues and disruptions to their sleep habits. The sooner someone receives a diagnosis, the better their chances of preventing worsening symptoms.
Identifying a traumatic brain injury is the first step toward physical and financial recovery after a car crash. Drivers who know the warning signs of a TBI may have an easier time evaluating themselves and the other occupants of their vehicle for signs of serious injuries.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495582024-02-17T01:42:04Z2024-02-22T01:40:34ZNegligence could leave a business liable
Businesses that make their facilities open to the public accept a certain degree of risk stemming from that choice. Specifically, there is the constant risk that a patron visiting this business could end up hurt while at the company's property.
They may then attempt to file an insurance claim or a personal injury lawsuit. However, an individual seeking compensation after they get hurt at a business must present evidence supporting their claim that the business is liable for the losses they suffered. Usually, such allegations require that the injured party prove the business was somehow negligent.
In the legal system, negligence has a very specific definition. It means engaging in behavior that a reasonable person knows reduces overall safety. Both clearly unsafe behavior and a failure to act can constitute negligence. Unsafe choices might include leaving exposed power cords across aisles at a store where people could trip and fall. Negligence related to inaction might involve failing to properly clean facilities or address issues with the building that lead to leaks.
If another reasonable person would agree with the claim that the business could have prevented someone's injury with better company practices, then the person who got hurt might be in the position to seek compensation from the business where their injury occurred. Generally speaking, those pursuing compensation for injuries in a premises liability claim also require proof that the incident caused financial losses.
Holding businesses accountable for unsafe operating practices may benefit those worried about medical expenses and lost wages after a preventable slip-and-fall at a public location.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495562024-02-17T01:39:16Z2024-02-17T01:39:16ZPhones provide instant information
In a non-emergency situation, someone involved in a crash should not just call 911. However, they do need to reach out to local authorities. Having a mobile phone with internet access means that someone can quickly locate the non-emergency number for the local police department. People can also pull up details about insurance coverage or even begin researching lawyers right at the scene of the crash while they wait for first responders to arrive.
People can get help without leaving
Before mobile phones were ubiquitous, people sometimes had to leave the scene of a crash to find a way to advise local authorities that a crash had occurred. The decision to leave to seek medical care or find a phone might then result in the state or the other people involved in the crash accusing one driver of illegally leaving the scene, possibly because they hope to avoid personal responsibility for the collision. Mobile phones allow people to call for assistance right at the scene of a crash, largely eliminating the likelihood that someone could face accusations of leaving the scene without justification for doing so.
Phones help preserve evidence
Some people start filming as soon as a crash occurs and may capture video footage of someone's license plate as they try to flee the scene of the wreck. Someone's phone could also capture video footage of them switching seats with another vehicle occupant to avoid impaired driving charges or disposing of items that could serve as evidence. Beyond that, mobile phones can help someone preserve the scene of the crash. People can take pictures and record video footage that can help prove exactly what occurred and who is likely at fault for the wreck.
Using a phone properly after a crash can be as important as choosing not to use one to reduce the likelihood of a preventable collision.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495482024-02-01T01:12:11Z2024-02-13T01:10:34ZTrucking companies often have financial liability
Anyone who causes injury to others while on the job may only have partial liability for the situation. Vicarious liability rules allow people to hold businesses accountable for the actions of their employees. If a truck driver causes a collision through negligent behavior on the road, their employer might theoretically have financial liability for the situation.
That is particularly true in cases where people can show that the transportation company contributed to the crash. Bad employment practices and improper vehicle maintenance are among the scenarios in which the trucking company may have actual fault for the crash, not just liability for its aftermath.
Occasionally, the person driving the commercial truck is also the party with financial liability for the crash. Owner-operators are usually personally responsible for any collisions they cause. Of course, they should have the ability to compensate the other people affected. Most commercial vehicles have at least $750,000 worth of liability coverage. That insurance provides a crucial layer of protection for those who drive trucks and are effectively their own bosses.
Even when a claim is filed against a large commercial transportation company, it is usually the insurance provider, not the transportation company itself, that pays for the damages generated when a professional semi-truck driver causes a crash.
Understanding who is financially culpable is key to a successful compensation claim after a crash with a commercial vehicle.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495542024-02-09T20:47:27Z2024-02-11T20:46:47ZFatigue due to long hours
One of the primary ways tight deadlines lead to semitruck crashes is through driver fatigue. To meet demanding schedules, drivers may work long hours without adequate rest, pushing the limits of their physical and mental endurance.
Exhaustion impairs reaction time, decision-making abilities and attention to the road, increasing the likelihood of accidents. Despite regulations limiting driving hours and mandating rest periods, the pressure to adhere to tight deadlines can tempt drivers to circumvent these rules, prioritizing delivery schedules over safety.
Speeding and aggressive driving
Tight deadlines can also encourage speeding and aggressive driving behaviors. Drivers under pressure to deliver goods on time may exceed speed limits or engage in risky maneuvers, such as tailgating, abrupt lane changes and ignoring traffic signals. These actions increase the risk of losing control of the vehicle and escalate the severity of crashes when they occur.
Maintenance shortcuts
Additionally, the push to meet deadlines can lead to maintenance shortcuts, further elevating the risk of crashes. Regular maintenance and safety checks are essential for identifying and addressing potential issues before they lead to failure on the road. When schedules are tight, there might be a temptation to skip or delay these checks to keep the trucks moving. This can result in mechanical failures, such as brake malfunctions or tire blowouts, that can cause catastrophic accidents.
When a trucking company's actions contributed to the crash, a victim may opt to include the company as a defendant in a personal injury claim. Seeking legal assistance to move the case forward is a good idea since these matters are often complex.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495462024-02-09T20:46:33Z2024-02-11T00:56:12ZThe presence of passengers
Discussions with passengers and their needs during a drive can be a major distraction for a motorist. Parents driving with children in their vehicles are often more distracted than those driving on their own. Teenagers with other young adult passengers in their vehicles may have a markedly difficult time keeping their focus on traffic safety. Drivers of all ages and skill levels may need to split their attention between a passenger and driving, which can increase crash risk.
Eating and drinking
A surprising number of people think that there is nothing wrong with operating a motor vehicle with only one hand on the wheel. They use the other to grip a cup of coffee or a cheeseburger. Most people think nothing of using both hands to eat if they are in heavy traffic or on a highway. Eating and drinking create both manual risk by taking someone's hand off of the wheel and also cognitive distraction. People pay more attention to food that they want to eat than they do to their surroundings. If they spill something, that may only serve to amplify their degree of distraction.
Built-in screens and GPS devices
Although people generally recognize that they should not use mobile devices when driving, they may not consider the use of built-in devices a source of danger. However, the screens in a vehicle can be as distracting as handheld devices. Even navigation tools can increase someone's distraction if they attempt to input an address while actively operating a motor vehicle. The harsh reality is that any activity that takes someone's hands off of the wheel, eyes off of the road or focus off of driving is a dangerous distraction.
Recognizing and avoiding common distractions can help people avoid a situation in which they would be at fault, should a crash occur.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495502024-02-09T16:08:32Z2024-02-09T16:08:32Zcognitive, visual and manual.
Each type interferes with a driver's ability to operate the vehicle safely. Understanding these distinctions is crucial for recognizing potential hazards and implementing strategies to minimize distractions behind the wheel.
Profiles of distraction types
Cognitive distractions occur when the driver's mind isn’t entirely focused on driving. This can include daydreaming, stressing over personal issues, being engrossed in a deep conversation with a passenger, or using a hands-free device.
Visual distractions involve taking one's eyes off the road. This can happen for various reasons, such as looking at a navigation system, reading billboards or checking on children in the rearview mirror.
Manual distractions require the driver to take one or both hands off the wheel. Eating, adjusting the radio or texting are all manual distractions.
The overlap between distraction types
Many distractions fit into more than one category. Texting while driving is a prime example, encompassing all three types of distractions. It demands cognitive attention to compose or read a message, visual attention to look at the phone screen and manual effort to type or scroll. This makes texting one of the most dangerous distractions, significantly increasing the risk of accidents.
Even short distractions pose issues
Some drivers falsely believe that short distractions won’t lead to issues. A vehicle doesn’t take long to travel considerable distances, especially when moving at higher speeds. In only five seconds, a vehicle moving 55 miles per hour will move the length of a football field. When a driver is distracted, that short distraction results in the vehicle moving that full length without adequate control.
Victims of distracted driving crashes may have considerable injuries, which can result in significant financial loss. The injured individuals can pursue a compensation claim to help cover those losses. Working with a legal representative enables a victim to focus on healing while the professional builds their case and gets it moving through the process.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495432024-01-29T14:29:07Z2024-02-04T14:27:19ZUninsured drivers are everywhere
Many people feel like the rules don't apply to them. They think that they can get away with breaking the law when it is inconvenient for them to comply with it. These individuals often pass the risk for their behavior on to others, possibly without even consciously realizing what they have done.
That is typically the case with uninsured drivers. People who fail to pay for their insurance coverage or who intentionally cancel their policies put others at risk of financial hardship. Thankfully, the percentage of drivers engaging in selfish conduct might be a bit lower in Pennsylvania than elsewhere. Pennsylvania is actually one of the best states in the country when looking at uninsured drivers.
Only about 6% of Pennsylvania motorists drove without proper insurance in 2019 according to an analysis of insurance claims that year. Pennsylvania has the sixth-lowest rate of uninsured motorists in the country. However, people still have a slightly better than one in 20 chance of the driver who causes their crash not having proper coverage.
Going to court may be necessary
The failure to carry insurance does not absolve someone of their obligations to those affected by a collision. They simply lack the financial protection that comes from having liability insurance coverage. The parties injured in the collision or those who lose loved ones could file a lawsuit against the person responsible for causing the wreck. Personal injury or wrongful death lawsuits can provide compensation for those affected by crashes where there is not adequate liability coverage. Lawsuits are also an option when a driver has insurance but not enough given the scope of the damages caused by a collision.
Knowing one's options before a crash occurs may make it easier for someone to pursue compensation after getting hurt in a wreck.]]>On Behalf of DelVecchio & Miller, LLChttps://www.dmlawpgh.com/?p=495412024-01-29T14:19:50Z2024-01-29T14:19:50ZWhat the data says about crash risk
The National Safety Council (NSC) is a federal agency that analyzes data to provide safety guidance for Americans. The NSC has uncovered clear trends regarding when major motor vehicle collisions occur. Statistically, the time between sunset and sunrise is the most dangerous time to be on the road. A significant portion of major collisions, including fatal crashes and drunk driving collisions, occur during the night. Nighttime is therefore the most dangerous time to drive.
However, the NSC recognizes a second time of day that also has significantly elevated collision risk. Motorists are far more likely to get into a crash during the afternoon rush hour on weekdays than they are earlier in the day. The number of drivers on the road between 4:00 p.m. and 7:00 p.m., their degree of distraction and possibly even their fatigue may all factor into the number of collisions that occur during the afternoon rush hour.
First-shift workers may have experienced elevated crash risk for years without realizing the danger. While second and third-shift workers may have to worry about the dangers of nighttime driving, first-shift workers may want to pay closer attention during their commute home to ensure that they arrive safely.
Ultimately, learning more about trends in overall collision risk may benefit those who drive frequently and hope to make safety a priority.]]>