Driver and Bar Responsible in Woman's Death
The bar that served a man involved in a 2007 drunken-driving accident was primarily responsible for the death of Mary Elenbark of Voorhees, according this article in the Philadelphia Inquirer. A jury awarded the victim’s family $15 million this week.
Steven Evans was 25 % responsible and Racks Bar & Grill was 75 % responsible for the hit-and-run accident that killed Mary Elenbark and injured her husband. Mary, 45, was a passenger on the 1999 Harley-Davidson motorcycle that her husband was driving west on the White Horse Pike in NJ.
The couple was headed home from a Hammonton, N.J., diner on April 20, 2007 when Evans pulled in front of the Elenbarks from the strip mall where Racks is located. The Harley struck the rear of Evans’ car. Evans failed to stop and was later pulled over in Winslow Township. He failed a field sobriety test and a breath test. His blood alcohol content was 0.10.
An attorney for Mr. Elenbark said he would seek to have the bar pay the $15 million.
A toxicologist testified that Evans had between six and eight beers in 2 1/2 hours.
Elenbark had four operations on his left leg the week following the accident, Porter said. His wife, who had head injuries, was taken off life support seven days after the crash.
Evans pleaded guilty in 2008 to leaving the scene of a fatal accident and the scene of an accident with serious bodily injury. He was sentenced to four years in state prison and paroled last September.
George Elenbark, 45, now walks with a cane and has no feeling in his left ankle.
Though motorcycle accidents in Pennsylvania have a variety of causes, common causes include unsafe road conditions, inclement weather, defective motorcycle parts, driver fatigue, drunk drivers, and driver error. The latter is the most common cause of motorcycle accidents.
Some passenger vehicles simply don't understand the rules of the road and may hit a motorcycle while changing lanes, may disregard their presence on the road, or ignore right-of-way laws. Unfortunately, the toll is usually on the side of the motorcyclist in these cases. Due to the inherent lack of protection while on a motorcycle, catastrophic injury often occurs, ranging from broken bones and minor lacerations and bruises to disfigurement, brain injury, paralysis and even death.
The National Highway Traffic Administration (NTHSA) estimates that 4,000 deaths and around 76,000 injuries take place every year due to motorcycle accidents.
The Pennsylvania injury attorneys of Cherry, Fieger, & Marciano understand the severity of Philadelphia motorcycle accidents and their life-changing effects. They have what it takes to conduct discovery, gather appropriate testimony, stand up for you in court, and help you obtain the compensation you deserve. Call 1-888-684-7192 today for a completely confidential and free consultation.
