PA Liability Law in Car-Sharing Accidents

Cars waiting in the heavy traffic.Car-sharing in metropolitan areas like Philadelphia is exceedingly popular. Why burden yourself with the cost, annual maintenance, and insurance expenses of owning a vehicle in a city, not to mention parking fees? With convenient public transportation systems and growing interest in cycling, most city dwellers have no need for a car. According to the Transportation Sustainability Research Center at the University of California at Berkeley, in 2012 there were over 700,000 registered users of car-share programs and the numbers are only going up.

The growing number of drivers using car-share services in Philadelphia poses unique challenges in Pennsylvania vehicle accident law. When using a car-share, our Pennsylvania vehicle accident lawyers have found you may not have adequate insurance to cover the damages in an accident. Continue reading



When You Need a New Jersey or Pennsylvania Lawyer

New Jersey and Pennsylvania accident victims need to find a lawyer for many reasons, but when is the right time? Contact an attorney as soon as you are well enough. If you are having a difficult recovery from your injuries, ask a loved one to meet with a New Jersey or Pennsylvania injury lawyer on your behalf. This way you can focus on your health while necessary information is prepared for you. Consultations are provided at no cost, which means you will have all the legal information you need to make the best informed decision when choosing an injury lawyer in New Jersey or Pennsylvania.

If you have suffered no injuries in an auto accident you may be under the false impression that you do not need legal counsel. However, without a New Jersey or Pennsylvania injury lawyer representing your case, an insurance company may not adequately cover the costs to repair or replace your vehicle. Our attorneys at Diamond Law negotiate claims every day using a deep knowledge of New Jersey and Pennsylvania traffic laws and insurance regulations. We know how easily accident victims can be taken advantage of and pushed with a settlement far less than what they truly deserve. We make sure our clients do not settle for inadequate settlement offers.

New Jersey and Pennsylvania car accident settlements help injured and uninjured victims rebuild and return to their lives. Don’t be led to be believe that your injury case is “too small” for an attorney to represent you. Accident victims with minor injuries—those that don’t amount to more than $1,000 in medical bills—can still benefit from the legal counsel of one of Diamond Law’s New Jersey or Pennsylvania injury lawyers.

Individuals who experience severe car accident injuries that result in paralysis, leave victims reliant on healthcare for their daily needs, or cause permanent impairments and pain may be entitled to substantial settlements. There will be many choices to make concerning your medical needs, living arrangements, and how to support your family. Choosing the right attorney to represent you in your injury case will help make future decisions in your case and life easier.



Not Injured? You May Still Need a Pennsylvania or New Jersey Car Accident Attorney

Pennsylvania and New Jersey car accidents are not always fatal and victims may walk away without injuries. Those involved in a car accident who are unharmed may believe they have no need for an attorney, however there are still reasons why it is important to find an attorney who knows the rights and laws that affect uninjured car crash victims.

Finding a Pennsylvania or New Jersey car accident attorney who is willing to take your case if you have no injuries will likely be a challenge. Diamond Law knows this process is difficult for you and our attorneys do handle these types of accident cases. Here are three reasons why you might need an attorney if you were in a Pennsylvania or New Jersey car accident where you were not hurt:

  1. Property damage. After a vehicle accident your car may not be drivable. How will you commute and who will compensate you for a replacement vehicle or collision repairs? You may need an attorney after a Pennsylvania or New Jersey car accident who can advocate on your behalf in the pursuit of insurance claims. You may need to have your vehicle towed and appraisals of the damage completed. Insurance companies may try to take advantage of vehicle owners and offer insufficient coverage by omitting certain repairs or steering you toward their preferred repair shops. You can choose your own tow truck company, repair appraisers, and collision shops. There are other rights our car accident attorneys can explain to you.
  2. Minor injuries. You may be eligible for compensation even if you have minor injuries.  Discuss your options with an attorney for medical treatment costs, lost wages, and other hardships associated with any injury caused by an accident that was not your fault.
  3. Developing injuries. Some injuries take time to develop. Head and neck injuries may not be noticeable directly following an accident. Head trauma in a collision could cause long-term issues that develop in the weeks and months following an accident. Our accident attorneys in Pennsylvania and New Jersey have helped victims receive compensation who were initially unaware of their injuries.

Whether you and your loved ones have suffered critical injuries or minor bruises, a free consultation with Diamond Law will help you understand your rights. Your vehicle may have caused damage to buildings or structures off the road, and you should not be held liable for the cost of those repairs if you were not responsible for the accident. Property damage liability coverage in your insurance policy should cover the costs of these repairs as well as your personal property in the vehicle if it was damaged in the accident. Learning how to file property damage claims in Pennsylvania and New Jersey is a tedious process, one that our accident attorneys can explain and manage on your behalf.



Dash Cams for U.S. Motorists: A New Jersey Trial Lawyer’s View

Sometimes even New Jersey and Pennsylvania can benefit from the safety lessons learned in the rest of the world.

It turns out that, in some nations, it’s quite common for drivers to mount cheap video cameras to face forward on their vehicles’ dashboards. The intention: to capture a video record of the trip from the driver’s perspective.

People in the United States became aware of this custom in February 2013, when a number of car cameras captured the spectacular fall of a meteorite in the vicinity of Chelyabinsk, Russia. Of course, Russian citizens don’t invest in “dash cams” in the hope of capturing rare astronomical events. Instead, the cameras are used to document traffic accidents and police misbehavior. Video evidence from the cameras is often used in Russian courts.

Can dash cams help against New Jersey traffic accidents?

This has led some policymakers to suggest that American roads would be safer if more vehicles were equipped with dash cams. They reason that having a record of a traffic accident would improve the administration of justice in both criminal and civil courts. The video evidence could help demonstrate, for example, that a criminal defendant was driving while intoxicated or that a New Jersey auto collision was caused by a speeding SUV. Once drivers realize they would be held accountable for their misbehavior on highways, they would begin driving with more attention to safety.

Other experts aren’t so sure. Scott Diamond, a personal injury lawyer who works with clients injured in Pennsylvania and New Jersey vehicle accidents, recently expressed skepticism in a news interview. Mr. Diamond is quick to point out that car accidents in New Jersey are complex events. Even when only two vehicles collide, the accident may affect the maneuvers of a dozen other vehicles. Only careful analysis of a car crash by skillful investigators can figure out what actually went on.

Can a dashboard-mounted camera capture all these nuances? “I would say it’s very helpful but it’s not conclusive evidence,” said Mr. Diamond. “It could be misleading if not in the right hands.”

Choose an attorney with the right investigative skills

Don’t expect Americans to rush out and buy dash cams. Camera evidence has not been accepted as the ultimate truth in court; at best, it provides useful but not compelling evidence. And even pro-camera advocates admit that public attitudes won’t change to encourage road safety until cameras are used much more widely.

For now, we will continue to rely on the standard tools that a New Jersey auto injury attorney brings to the courtroom: keen intelligence, a mastery of the law, and superior investigative talent. These skills are why New Jersey and Pennsylvania residents injured in traffic accidents have come to rely on attorney Scott Diamond. Contact his office at Toll Free (844) 987-6543 today to schedule a free consultation if you have been injured in a New Jersey highway accident or Pennsylvania Turnpike crash. There is no charge for legal fees unless Scott can win a damage award or secure a settlement for your case.



Cars Still Face Deadly Risks from Rear-End Collisions with Big Rig Trucks

Truck Accident LawyersIt’s long been known that large tractor-trailer trucker pose a significant danger on the road. Experts in vehicle design have even taken that into account. Now a new report says those big-rig truck safety features are failing to do the job.

The Insurance Institute for Highway Safety recently studied a particular class of collisions, in which tractor-trailer trucks are struck from the rear by passenger cars. Of particular concern are so-called “underride” accidents, where the front portion of the car drives under the truck’s trailer. This type of collision shatters the car’s windshield and crushes the upper space of the passenger compartment until the car comes to a stop.

Modern automobiles are designed so the front part of the vehicle will crumple on impact, absorbing a lot of the energy from a collision. That energy would otherwise be transmitted to harm the car’s occupants. In an underride accident, though, the front of the car slides beneath the truck, bypassing this safety design and inflicting maximum damage on the passenger compartment. The result is horrific injuries, including decapitation.

Is it worth $20 to save a life?

When the Insurance Institute for Highway Safety (IIHS) analyzed tractor-trailer truck collisions, their researchers found that special safety design features—adopted years ago to prevent underride incidents—were only effective when a car collided with the central rear area of the trailer. When cars struck further toward the rear edge of the trailer, these underride guards often did not prevent underride accidents and catastrophic injuries to the car’s occupants.

One bright spot in the findings: remounting the vertical supports for the underride guards can improve their effectiveness for a wider variety of car-truck collision accidents. Some trucking companies have already made those modifications to meet Canada’s more rigorous trailer regulations. But, in general, truckers who operate vehicles in the United States have not bothered to go beyond what U.S. law requires, even though the modification would only cost about $20 per vehicle.

Why are trucking companies unwilling to spend even a tiny amount to improve public safety? Perhaps it’s because any spur to reform would be driven by lawsuits, and current testing methods don’t provide good evidence for civil cases. New Jersey traffic injury attorney Scott Diamond reflected on how the defendant’s lawyers explain the typical incident to a jury as a car that’s been following too closely behind a truck. The car driver is portrayed as driving recklessly, and “It’s kind of hard to blame someone else for your fault,” Diamond told reporters recently.

Needed: a reliable way to hold dangerous truckers accountable

As long as the trucking industry isn’t called to account for the injuries from New Jersey big rig collisions, there is no incentive to make even $20 upgrades to make vehicles safer.

The idea that commercial trucks and their drivers are blameless in highway collisions is, of course, absurd. The IIHS had to design a standard testing environment for underride crashes, and that involved a nonmoving trailer and a car traveling at 35 miles per hour. That’s not actually how things work in the real world. Trucking underride collisions can also be caused by:

  • Trucks suddenly swerving or changing lanes.
  • Trucks stalling or braking unexpectedly.
  • Trucks backing up at high speed from a parked position.

Underride collisions are rare. But commercial truck accidents in New Jersey and Pennsylvania are, unfortunately, all too common. If you have been injured in a New Jersey or Pennsylvania truck accident, contact Scott Diamond at Toll Free (844) 987-6543 today. Truck accident trial attorney Scott Diamond is ready to demand the settlement or jury award you deserve after your injuries caused by a truck driver’s negligence. Call today to schedule a free conference about your case and the financial recovery Mr. Diamond can seek for you,



Injured at a Business or While Shopping in Pennsylvania

Slip and fall lawsuitsYou may be searching for information about premises liability laws if you were injured at a business or while shopping in Pennsylvania. You want to know your rights, what the Pennsylvania statute of limitations is, and how to hold the property owner responsible for their negligence.

Whenever you enter a business you are considered an “invitee” under Pennsylvania premises liability law. Since the business has invited you into their property, they have the responsibility of maintaining a safe environment.

What do I do after I was injured in a store in Pennsylvania? This is a common question injured persons ask our slip-and-fall accident attorneys in Philadelphia. Most businesses will immediately create and file an accident report. You should only sign documents with the approval of your Philadelphia slip-and-fall attorney. The store may have a security camera with video footage of the accident. This evidence may help prove the business’ negligence.

Shopping injuries can be minor or they can be severe. Most slip-and-fall victims will survive with painful injuries. Some may need surgery, physical therapy, and miss time from work while they recover. In devastating slip-and-fall accidents in Pennsylvania, brain and spinal trauma from a fall may be fatal. In these cases, our accident lawyers in Philadelphia handle wrongful death cases for surviving family members. Businesses have a duty of care. Our slip-and-fall lawyers’ duty is to represent innocent people who were injured when businesses were careless. Learn more about Pennsylvania premises liability laws as they relate to shopping injuries by scheduling a free consultation with our slip-and-fall lawyers in Philadelphia.



For Pennsylvania Premises Liability: When is a Warning Required?

Construction Accident - Diamond LawProperty owners are required to post warnings under certain conditions according to Pennsylvania premises liability law. Where potentially dangerous conditions are present—like abandoned properties, structures that use or store harmful chemicals, retail stock areas, or warehouse shipping spaces—property owners need to provide adequate signage. Property owners also need to respond to unexpected hazards, such as indoors spills or weather-related conditions on exterior property like icy sidewalks that may cause slip-and-fall accidents. Should environmental factors create a hazardous
situation, proper temporary signage helps warn visitors of the danger so they can avoid the dangerous areas.

If a person is injured due to a property owner failing to provide adequate signage, sufficient warning, or neglected to correct a hazardous condition, you may be entitled to compensation under Pennsylvania premises liability law. Find a slip-and-fall accident attorney in Philadelphia at Diamond Law to review your accident case. Your case may be affected by your status at the time of the injury—whether you were invited for personal or business reasons, or if you were trespassing. Considering your status at the time of the accident, the unique conditions of your accident, and the nature of your injuries, our slip-and-fall accident attorneys in Philadelphia will be able to cite specific laws that will reveal the types of warnings the property owner was required to provide in your particular situation.



Pennsylvania Premises Liability: The Status of the Injured Person

Diamond Law - Premises Liability LawsuitsHow can the status of the injured person affect a premises liability case in Pennsylvania? When it comes time for the accident to be analyzed, Pennsylvania premises liability law takes a step back from the incident and focuses on the victim. Since the statute of limitations for premises liability accidents in Pennsylvania is two years, in some cases a significant amount of time will pass before the case is filed and the accident is analyzed. Evidence becomes essential. The injured person’s status at the time of the accident may fall under particular rules, and conversely, some exceptions.

The status of the injured person at the time of the accident will determine the property owner’s responsibility. Was the injured person a trespasser, licensee or invitee? Property owners have less responsibility for a person’s injuries if an individual was trespassing as they would for someone they invited over for business needs. Was the injured person aware of dangerous conditions, but proceeded to enter the property? The answer to this question may show the injured person shared a degree of negligence.

Review your case with our Pennsylvania premises liability lawyers. Our lawyers will review common exceptions and legislation that may influence your specific case. Case evaluations are free and you will have a better understanding of how you may be compensated for your injuries.



The Emotional and Physical Stress Experienced From a Car Accident

Auto Accident lawsuitsA car accident is a traumatic experience for anyone who is a victim of a severe collision. It can leave the individual feeling physically, financially, and emotionally disabled, and wondering how they will cope and get back to their normal way of life. It is important that the individual take the necessary steps to rebuild their personal sense of power and manage the emotional trauma while accepting any physical challenges.

When a person has experienced such worrying circumstances their sense of security and recollections are made vulnerable. It’s imperative to seek the necessary help from family and friends to maintain relationships and avoid isolation. Whenever possible talk about any feelings and concerns, and try to stick to a daily routine to remain grounded. Normally, the symptoms begin to fade with time but sometimes people develop post-traumatic stress disorder, anxiety, and depression.

An individual should talk with a professional if within a few months they continue to experience symptoms such as -Having difficulties functioning at  home or work

-Experiencing severe fear, anxiety, or depression

-Not having the ability to form close, satisfying relationships

-Suffering from terrifying memories, nightmares, or flashbacks

-Avoidance of any activities that remind you of the trauma

-Emotionally distressed and cut off from others

-Consuming alcohol or drugs to feel better

The most important factor in recovering from the trauma of the accident is knowing that it is going to be okay, hurting is normal, and accepting help is a sign of strength, not a sign of weakness. Treatment for an individual may include anxiety management, breathing and relaxation exercises, or the use of medications to relieve anxiety and help you sleep.

Getting over the pain and regaining a feeling of safety will take some time, but treatment and support from family and friends will help speed up the recovery process.

 



Jury Awards Waverly Family $55 Million in Hopkins Malpractice Case.

After hours of labor, Enso Martinez cried as his wife, Rebecca Fielding was carried from their Waverly home on a stretcher en route to Johns Hopkins Hospital. Fielding, who had wanted to deliver her baby at home with the help of a midwife, assured her husband that everything would be OK. One thing she never expected was to wait over 2 hours in the ER for an emergency Caesarean section after being transported to the hospital by an ambulance.

The family says that if it didn’t take so much time for the doctors and nurses to perform the surgery that their son Enzo would be a normal 2 year old boy, instead the child is severely and permanently mentally and physically disabled.  their saga and evidence presented in their court case convinced a Baltimore Circuit Court jury to award them $55 million — one of the largest malpractice judgments in Maryland history, according to trial lawyers and legal experts. The jury awarded $25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for non-economic damages such as pain and suffering.

Martinez and Fielding argued the hospital and its parent, Johns Hopkins Health System Corp., also named in the civil lawsuit, were negligent in their care for Fielding and the couple’s then-unborn son. They contend their child’s cerebral palsy and seizure disorder was caused by a loss of oxygen to the brain while Fielding waited for the Caesarean section.

In 2011, 24 cases of significant birth injury were reported by hospitals, according to the state’s Department of Health and Mental Hygiene. That’s down from 30 cases in 2010, according to statistics.

Finding a good malpractice lawyer is detrimental to winning a big case. Making sure that the lawyer knows every aspect of the incident is crucial to having a good case. Be sure to keep this in mind when dealing with a malpractice lawsuit and contact Scott Diamond a personal injury attorney in Philadelphia for a free consultation.