What Are Damages?
Damages are compensation, usually in monetary form, awarded in a civil court case for an injury or loss caused by another person’s negligence.
According to the American Bar Association (ABA), damages are tangible and non-tangible losses that can be quantified and documented, providing direct financial assistance to an injured party. Examples of damages can include medical bills, lost wages, pain and suffering, and property damage.
Damages are important in restoring the injured party to the position they would have been in had the wrongdoing not occurred. This concept is fundamental in both tort and contract law, where it addresses breaches of duty or contract, provides a financial measure of reparation, and is even more important in personal injury cases where the injured party receives compensatory damages for medical bills and pain and suffering.
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Pennsylvania Drivers Urged to Stay Alert as Children Head Back to School
During the first week of the new school year, a seven-year-old girl died after being struck by a car as she ran to catch the school bus Wednesday in Rocky Mount, North Carolina. The school bus had not yet stopped, but in the girl’s excitement, she darted into traffic and was stuck by an oncoming vehicle. A tragedy like this can play out anywhere as children head back to school in the coming days.
Our Pennsylvania personal injury attorneys join with the Pennsylvania State Police in reminding motorists to be extra careful over the next few weeks as children return to school. We also ask parents and adults to make sure their children know to look both ways before crossing the street, and to wait for the bus to stop before crossing the street.
The National Highway Traffic Safety Administration (NHTSA) reports since 2001 there have been 1,236 school transportation-related crashes. […]
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New York Man Killed By Runaway Pickup Truck While Eating His Lunch Outside in Financial District
In what can only be called a freak accident, a 70-year-old clerk for the State Attorney’s Office was fatally injured last week when he was struck by a runaway truck as he ate his lunch outside a building on Broad Street in the Financial District of New York City. Witnesses said the 2008 Honda pickup accelerated out of nowhere onto the sidewalk and pinned the victim against the building. Although bystanders tried to administer CPR, he was pronounced dead at the scene.
According to news reports, the truck was driven by an employee of a security company that works in the area. Trucks are often used to keep vehicular traffic out of the pedestrian-only financial district. No charges were filed against the 50- year-old driver of the truck, who is a retired police lieutenant.
The fatal accident was a tragedy. The victim’s 29-year-old daughter said he was “a great father, […]
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Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement
The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction. One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.
The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.
Pennsylvania Wrongful Death Actions
The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]
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Ford and Toyota Issue Recalls
Ford Motor Company and Toyota Motor Sales have both issued recalls for vehicles. Toyota issued a voluntary safety recall involving 2006 to early 2011 model year RAV4 and 2010 model year Lexus HS 250h vehicles sold in the U.S. Ford’s recall is for its 2013 Escape SUVs.
Toyota Recall
Toyota reports in its press release of the recall:
“Toyota has determined if the nuts on the rear suspension arm are not tightened following the proper procedure and torque specification during a rear wheel alignment service, excessive play may occur at the threaded portion of the arm, followed by rust formation. If this were to occur, the threaded portion of the rear suspension arm may wear and cause the arm to separate.”
The National Highway Traffic Safety Administration (NHTSA) notes that failure of the rear tire rod could cause a loss of vehicle control, […]
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Pennsylvania Accident Victims Should Request a Copy of Their Vehicle Accident Report
Earlier this month our PA truck accident lawyers offered some information regarding vehicle accident investigations. However, we did not include information on the crash report and what happens with all the information that is compiled – and how you can access that information. Below we explain the importance of a Pennsylvania crash report.
The Pennsylvania State Police, along with the state’s nearly 1,300 local municipal police departments, have a duty to investigate each traffic accident that occurs on the Pennsylvania roadways. That is no easy task with over 120,000 miles of roads and highways in the state. According to the 2010 Pennsylvania Crash Facts and Statistics, in 2010, PA police investigated 121,312 traffic crashes. Of those accidents, 1,324 people died and 87,949 were injured.
When police come upon accidents the scene is often chaotic. The police must first make sure all of the accident victims are properly attended to and then they need to redirect traffic. […]
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