What is a Claim?
A claim is a legal action concerning physical or mental harm suffered by the plaintiff due to the defendant’s negligence. In the case of insurance claims, it is a request made by the insured to the insurance company for coverage and compensation for damage or injury. A claim is sometimes also referred to as a Cause of Action.
Cornell Law School’s Legal Information Institute defines a claim as, “a set of operative facts creating a right enforceable in court.” Making a claim is how the process of a plaintiff filing a lawsuit and eventually receiving damages from a defendant begins. A claim must be present in order for a lawsuit to go forward. If one is not present in a specific instance, then that lawsuit will be dismissed. Examples of types of claims include claims to insurance companies, personal injury claims in cases of negligence, claims on breaches of contract, property claims, and employment claims such as unpaid wages, wrongful termination, or discrimination. A defendant may make a counterclaim against the claim of a plaintiff.
Claims can sometimes be dismissed even if there is an intent to file a lawsuit. Rulings in cases such as Ashcroft v. IQBAL and Bell Atlantic v. Twombly have determined that claims need to contain important information. They must be plausible on their own and establish a likelihood of liability. This is how claims can lead to fair compensation, resolution of disputes, and protection of rights.
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Do Pedestrians Always Have the Right of Way?
When you first learned to drive, you may have been told pedestrians have the right of way. While this is generally true, pedestrians don’t always have the right of way. Of course, drivers must always be aware of their surroundings, including looking for pedestrians, but pedestrians must also be aware of traffic lights, crosswalks, and oncoming traffic.
If you were involved in a pedestrian accident and are questioning who has the right of way, Munley Law is here to help.
When Do Pedestrians Have the Right of Way?
Under Pennsylvania law, there are a few scenarios where pedestrians always have the right of way. However, it is ultimately the responsibility of drivers and pedestrians to practice safety on the roadways and be mindful before walking into traffic.
Crosswalks Without Signals
If a pedestrian is at an unmarked crosswalk without traffic signals, […]
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Is Lane Splitting Legal in Pennsylvania?
Have you ever been driving through a congested area and noticed a motorcyclist weaving in and out of traffic? While many motorcyclists think lane splitting should be common practice, it is currently illegal under Pennsylvania law.
If you are involved in a motorcycle accident and have been lane splitting, or hit a motorcyclist due to lane splitting, it can impact your personal injury claim.
What Is Lane Splitting?
Lane splitting, also known as white lining, occurs when a motorcyclist drives between two rows or lanes of traffic. Most commonly, riders split lanes when traffic is moving slowly or at a standstill. Lane splitting can occur on any type of road, including highways or rural roads.
Lane splitting is not the only traffic maneuver you may see a biker make. Other practices include:
- Lane filtering: The rider moves between stopped traffic or slow-moving traffic
- Lane sharing: Multiple motorcyclists share the same lane and ride beside each other in a close formation
- Shoulder surfing: When a rider drives on the shoulder of the road
A University of California, […]
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How Long Can Truck Drivers Drive Without Resting?
Studies suggest that 30 to 40 percent of all truck accidents result from driver fatigue. According to The National Highway Traffic Safety Administration, drowsy driving contributes to more than 50,000 accidents per year, resulting in serious injury and death.
Knowing how unsafe drowsy driving can be, the Federal Motor Carrier Safety Administration has created regulations commercial truck drivers must follow for how many consecutive hours they can be behind the wheel before needing a break.
Hours of Service Rules for Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) has created hours of service regulations (HOS) for both property-carrying and passenger-carrying drivers. These rules are meant to protect truck drivers from overwork while also limiting adverse driving conditions for other motor vehicles.
It’s important to understand that drivers do not have set hours like we may have in a 9-to-5 job setting. […]
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Can I Sue DoorDash for a Car Accident With One of Their Drivers?
If you were involved in a car crash with a DoorDash driver, there is a possibility that you could sue DoorDash, depending on the circumstances of the incident. To determine whether you can sue DoorDash for the accident, you should consult a car accident attorney at Munley Law, who will be able to help you assess the different intricacies that may affect your case.
Determining Liability in DoorDash Delivery Driver Accidents
Determining liability in an accident with a DoorDash delivery driver can become a bit complicated. Liability in a car accident is determined by using the police report filed at the scene, information from any witnesses to the crash, information from those involved in the accident, photos or videos of the accident scene, and state laws.
One factor that makes determining liability in a car accident more complex is that the collision either occurred in an at-fault or no-fault state. […]
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Can I File for Unemployment While Receiving Workers’ Compensation?
If you get injured at work, workers’ compensation may be an option for you. Often referred to as workers’ comp, this is a state-mandated insurance program that offers payment to those who have been hurt or experienced an occupational disease while at work. It’s an extremely common way for workers who have been injured on the job to cover medical expenses and make up for lost wages. But some workers may wonder: Can I collect both unemployment and workers’ comp benefits?
In Pennsylvania, workers’ comp payment areas include wage replacement benefits, death benefits, the coverage of medical expenses, specific loss benefits, and more. Private insurance companies can pay out workers’ compensation, the State Workers’ Insurance Fund, or self-insured employers, and most PA workers (with some exceptions) are guaranteed coverage by the Pennsylvania Workers’ Compensation Act. However, the system does require you to follow very specific rules in order to make a claim or receive your due successfully. […]
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