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Who is to blame? Potential defendants in a truck case

In a truck accident case, who can be held responsible?

If you were hurt in an accident that involved a semi-truck, tractor-trailer, dump truck, big rig, garbage truck, or another large commercial vehicle, you may be wondering whether you can file a lawsuit and who you should sue.

To determine exactly which parties are appropriate to name as defendants in your case, you should consult with an experienced truck accident lawyer about the specific details of your accident and injuries. A lawyer will examine the facts of your case and identify all possible sources of recovery – including some you might not be aware of.

The following are common defendants for claims involving catastrophic truck accidents:

• Truck Drivers – If a truck driver was at fault for the accident that caused your injuries, […]

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Truck Accidents and Expert Witnesses

Expert Witnesses in Truck Accident Cases: FAQ

 When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.

Who May Testify in Court As a Witness?

Not everyone has the right to come to court and testify in a truck accident case.  In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.

As their name suggests, fact witnesses may testify about events that they observed firsthand. […]

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Bloomsburg Car Accident Lawyer

Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.

When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).

For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]

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Multiple couples sue CHA Fertility Center over embryo mix-up

This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.

Here’s what happened…

A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]

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What is “PIP” coverage on my auto insurance policy?

One of the questions we hear most frequently as personal injury lawyers is “Who is responsible for my medical bills if I’m hurt in a car accident?” In Pennsylvania, you would first go through your Personal Injury Protection or “PIP” coverage. Once you’ve exhausted your PIP, you would then turn to your own health insurance for the remaining medical costs.

What is PIP coverage?

Personal injury protection or “PIP” pays for your own medical costs when you’ve been hurt in an accident. This is true no matter who is at fault for the crash. This is why PIP is sometimes referred to as “no fault” insurance. Your PIP also covers you when you’re a passenger hurt in someone else’s vehicle, or if you’re hit as a pedestrian or on a bicycle.

Do I have PIP coverage on my policy? […]

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What Happens if You Get in an Accident in the Company Vehicle?

Driving a company car can be both a benefit and a burden. The perks include not paying for gas out of your own pocket and not worrying about putting miles or wear and tear on your own car. But what happens when you are involved in an accident in a company car? Understanding who is at fault and must pay can be confusing.

If you are involved in an accident in a company car
and your employer purchased commercial auto insurance, the commercial auto
insurance provider will usually pay any valid claims related to the accident,
as long as the employee was using the vehicle properly at the time of the
accident. Most of the time, your employer will deal with the insurance company
directly, though you may have to answer questions or provide other evidence
upon request of the insurance company. […]

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National Truck Driver Appreciation Week

Thank a Trucker: National Truck Driver Appreciation Week

September 9 through September 15, 2018, is National Truck Driver Appreciation Week (NTDAW). This week, we show our respect and gratitude for the 3.5 million men and women who keep our economy moving.

Truck drivers do a demanding, important, and often thankless job. We depend on truck drivers every single day to transport goods across the country. Most of us take for granted those who bear the enormous responsibility of safely moving 70,000 lb vehicles safely across the nation’s highways. They even train to combat human trafficking in the United States as the “eyes and ears of our nation’s highways”. They often sacrifice time with their own families to make their deliveries on time to ensure that we have the goods we need. Some truck drivers sacrifice far more: A recent government report on workplace fatalities showed that truck drivers had the highest number of workplace fatalities.  […]

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OSHA Helps Trucker Fired for Refusing to Break Safety Rules

It’s a tough call that truck drivers are often forced to make.

A trucker was assigned to transport a load of Poland Spring water from Massachusetts to New Jersey. A severe thunderstorm causing flooded roads and heavy traffic slowed him down considerably, and he realized he would not be able to complete the delivery and return home without violating the federal hours of service regulations intended to prevent overworked truckers from becoming a danger on the highways. So, he delivered the shipment to a closer facility; the trucking company and the customer approved the arrangement, and another driver carried the shipment to its final destination.

He was fired the next day for insubordination.

The driver filed a complaint with the Occupational Safety and Health Administration, who stepped in to help. According to one of their administrators:

“The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. […]

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Volkswagen Recall Reveals Scam, Hurts Germany’s Reputation

Last week, we heard yet another story of a major automaker intentionally deceiving the public and the government.

Volkswagen has been ordered by the Environmental Protection Agency to recall nearly half a million diesel powered vehicles in the U.S. due to  a software designed to cheat emissions tests. The software in the vehicles detects when an emissions test is being performed, and will reduce smog emissions during the test, making the car appear to be more environmentally friendly than it actually is. During normal driving time, the vehicles can emit up to 40 times the amount of nitrous oxide allowed by the Clean Air Act.

For a year, VW claimed that this discrepancy was the result of technical errors, but last week they admitted that the software was designed to intentionally cheat the tests.

Affected models include: diesel versions of the Jetta, […]

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Looking at the brains of bad drivers

A recent study found that the part of the brain associated with empathy and compassion is less active in bad drivers.

Is a blatant disregard for safety the result of a cognitive malfunction? According to the Association for Psychological Science, the Czech Republic conducted a study in order to better understand why some people follow the rules of the road and others don’t.

Researchers showed participants a series of video clips showing the consequences of dangerous driving behaviors like speeding and drunk driving while monitoring their brain activity using fMRI.  About half the participants had no record of traffic violations, and the other half had at least one traffic safety violation, such as speeding or driving while intoxicated, on their records. It turns out that those viewers with a clean driving record and those with a history of at least one traffic violation reacted very differently to the videos. […]

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What you MUST know before buying car insurance

One of the most important factors in determining whether you are able to take legal action after a car accident is the tort option on your auto insurance policy. Unfortunately, many people don’t know what tort option they have.

Listen as Attorney Marion Munley explains the difference between full and limited tort, and why it makes a big difference.

Full Tort vs. Limited Tort

When buying car insurance in Pennsylvania, you have the option to choose full tort or limited tort. Full tort allows you to pursue legal action in the event of an accident, regardless of the severity of your injuries. Limited tort, on the other hand, limits your right to compensation in an auto accident. And, this limitation does not just apply to you – it may also apply to the other members of your household. […]

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Auto Accidents Caused by Defective Roads

Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?

Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.

The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]

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Scranton personal injury lawyer talks about more GM recall

GM recalled another 2.7 million vehicles in the United States for safety problems that have resulted in hundreds of complaints and some injuries. This follows millions of vehicles being recalled earlier this year for faulty ignition switches.

GM’s latest recall was for tail light malfunctions in cars including the Chevrolet Malibu, Pontiac G6, and Saturn Aura. According to the New York Times, the action for the Chevy Malibu marks the ninth time in about 16 months that the automaker has recalled vehicles that previously only had dealer bulletins sent.

So far this year, GM has recalled about 11.1 million vehicles in the US alone. The largest of the new recalls covers 2.4 million cars that have faulty wiring that could case brake lights to malfunction and not illuminate or could illuminate the lights without the pedal being touched.

GM says corrosion causes the brake-light fault, […]

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What Pennsylvania Personal Injury Lawyers Will Tell You About Insurance Policies That Big Insurance Companies Don’t Want You to Know About

Pennsylvania Law gives you two options for car accident insurance coverage: your insurance company won’t like one of them. A Personal injury lawyer from Munley Law Personal Injury Attorneys explains:

• What’s the difference between a full tort and limited tort policy?
• How much do personal injury lawyers in Pennsylvania charge you to handle your car accident case?
• Do Personal Injury Lawyers in Pennsylvania charge up-front fees? 

WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT CAR ACCIDENTS:

Pennsylvania personal injury lawyers will advise you to choose “full tort” on your policy

When trying to get money after you get hurt in a car accident, Pennsylvania law provides two options:

Full Tort

or

Limited Tort

If you choose “Limited Tort” […]

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Snow and Frigid Temperatures Cause Dangerous Road Conditions in Pennsylvania

Snowy road conditions have already caused hundreds of accidents in Pennsylvania this winter, shutting down highways and resulting in deaths and many injuries. During a sudden heavy storm over the recent holidays, a chain reaction crash involving 35 vehicles closed down a section of the Pennsylvania Turnpike. Several tractor-trailers were mixed in the wreckage, which caused a 4-mile traffic jam. Ten people were taken to area hospitals.

According to a Pennsylvania personal injury lawyer, those same wintry conditions existed when more than 40 vehicles piled up in multiple crashes on I-78, closing the interstate for a time, and resulting in more than 60 injuries. State Police also reported that sudden snow squalls causing numerous accidents resulted in the Northeast Extension of the turnpike being closed on Christmas Eve from Clarks Summit to Allentown. Numerous accidents have also been reported on smaller roadways throughout Pennsylvania.

Advice from Pennsylvania personal injury attorney Julia Munley on what to do if you are in an accident. […]

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A Pennsylvania Injury Lawyer tells you what you should do right after a car accident

Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.

A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:

• Stay inside your vehicle unless it’s too dangerous to do so
• Turn on your hazard lights
• Call 911 even if the accident didn’t seem too bad
• Seek medical help for anyone involved in the accident if needed
• Don’t move any vehicles or alter the scene unless you have to
• Don’t leave the scene
• Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
• Write down the names/badge numbers of police officers who come to investigate
• Take pictures of injures and damage
• DON’T admit fault
• Call your insurance company right away and let them know what happened
• DON’T talk about the accident with anyone except the police and your own insurance company. […]

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Teen Killed In Bucks County Car Crash

A teenager was killed and another critically injured in a single-car collision in Bucks County on December 9.

Three other teens riding in the back seat climbed from the wreckage dazed and bleeding. All three were taken to the hospital.

The teen who died was in the front passenger seat. He was not wearing a seatbelt.

By law, individuals who are injured in a Pennsylvania motor vehicle crash, or the families of people killed through no fault of their own, have a right to compensation for their losses.

Here is a news report on the tragic Bucks County accident:

Cameron Smithwick, 19, was killed and LJ Tanner, 18, was left in critical condition. Three other teens in the car also had to go to the hospital.

Cameron’s family says the silver Monte Carlo hit a bump and flipped several times before crashing into a utility pole. […]

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7 Tips for Safe Winter Driving in PA

Winter driving safety relies on Department of Transportation as well as drivers

In the coming months, state highway workers will be dumping nearly a half-million tons of salt to keep icy Pennsylvania roads safe.

And drivers are being urged to do their part as well.

This is the season of dangerous travel. In 2011, there were 1,994 vehicle crashes and 19 fatalities during the Christmas and New Year travel periods in Pennsylvania.

The state Department of Transportation – with 5,400 operators and 2,250 trucks on standby – has issued a winter travel safety alert:

“PennDOT’s primary goal during winter weather is keeping our nearly 40,000 miles of roadway passable, which means they won’t necessarily be free of ice and snow during storms,” [PennDOT Secretary Barry] Schoch said. “Getting through winter safely is a shared responsibility between us and our customers.”

Following are some safe winter motoring tips:

• Know the danger areas. […]

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Text message sender is sued in distracted driving accident

Victims in distracted driving accident claim sender of text message enabled driver to be distracted

The victims of a distracted driving accident are making history in the lawsuit they have filed for damages.  A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.

The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane.  The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.

The couple is seeking damage for medical costs related to their injuries.  […]

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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit

A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.

The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves.  The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.

The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium.  The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault.  The plaintiff himself was found to be one percent at fault. […]