Pennsylvania Personal Injury Blog

According to this article, a 27-year old former teacher in Bridgewater, NJ, pleaded guilty to five counts of assault by auto. On August 18, 2009 she was driving under the influence and caused a crash in Hillsborough, NJ. It seriously injured two adults and three children.

After last summer’s accident, the woman was arrested for drunken driving two more times.

According to the National Highway Traffic Safety Administration, drinking and driving remains a top safety issue in Pennsylvania. In 2007, there were 12,752 alcohol-related crashes and 534 fatalities caused by alcohol-related traffic accidents.

Statistics showed 90% of the alcohol-related occupant deaths (drivers and passengers) were in the vehicle driven by the drinking driver; 75% were the drinking drivers themselves. On an average each day, 1.5 persons were killed in alcohol-related traffic crashes.

Anyone involved in an alcohol-related auto accident would be well advised to contact an experienced Philadelphia liquor liability attorney.

Cherry, Fieger, and Marciano, LLP have the experience and knowledge that are necessary to represent clients involved in even the most complex car accident cases. When preparing your case, our skilled team of attorneys will review all relevant facts to assist in determining which party was at fault and who should assume responsibilities. Some factors that may be of importance during this process may include road conditions, weather conditions, the condition of the vehicles involved (i.e. faulty or defective auto parts), and whether or not alcohol or drugs were involved. Contact Cherry, Fieger, and Marciano, LLP today for a free consultation and to learn more about your legal options.

A male state police corporal who died in a wrong-way crash on the Schuylkill Expressway had a blood-alcohol level three times the legal threshold for intoxication at the time of the Philadelphia drunk driving accident on June 16. According to this article in The Philadelphia Inquirer, his blood alcohol was measured at 0.27 percent. He was severely intoxicated when he steered his gold Honda Accord West into the eastbound lanes and struck a Mercury Marquis driven by a 23-year-old female.

The female motorist is recovering from surgery for leg injuries. The male corporal was killed in the crash, which police described as “nearly head-on.”

The corporal had another drunken-driving charge against him from a Dec. 21 incident, in which his Honda rolled to a stop against a guard rail in the median strip of Route 422. He completed 30 days of alcohol rehabilitation and had been accepted into a court program for first-time offenders.

According to the National Highway Traffic Safety Administration, there were 534 fatalities in Pennsylvania in 2008 caused by alcohol-related traffic accidents. Statistics showed 90% of the alcohol-related occupant deaths (drivers and passengers) were in the vehicle driven by the drinking driver; 75% were the drinking drivers themselves. On an average each day, 1.5 persons were killed in alcohol-related traffic crashes.

Continue reading "Deadly Schuylkill Expressway Wrong-Way Crash by State Police Officer Involved Alcohol" »

The Atco, New Jersey bar that served a man involved in a 2007 drunken-driving accident was found to be primarily responsible for the death of a woman from Voorhees, NJ. According to this article in the Philadelphia Inquirer, a jury awarded the victim’s family $15 million in May.

The male motorist was 25 percent to blame and Racks Bar & Grill was 75 percent responsible for the hit-and-run accident that killed the woman.

An attorney for her husband said he would seek to have the bar pay the $15 million. Under state law, a party may be required to pay an entire judgment if found to be 60 percent or more at fault in an accident.

The drunk driving accident happened on April 20, 2007, as the couple was headed home from a Hammonton, N.J. diner. The 45-year-old woman was a passenger on the 1999 Harley-Davidson motorcycle that her husband was driving west on the White Horse Pike.

The male drunk driver pulled in front of the couple from the strip mall where Racks is located. The motorist failed to stop and was later pulled over in Winslow Township, NJ. His blood alcohol content was 0.10.

The drunk driver had been at the bar for almost four hours and his blood-alcohol level was 25 percent over the legal definition of drunkenness when he was served his last drink. A toxicologist testified that the man had between six and eight beers in 21/2 hours.

New Jersey bars and restaurants can be held liable under dram shop laws if they serve a visibly intoxicated patron who gets into an accident.

The husband had four operations following the accident and his wife was taken off life support seven days after the crash.

Continue reading "Atco Bar Responsible for Woman's Death in Drunk Driving Car Crash" »

The family of a woman, who was struck and killed in a pedestrian accident by a Chattanooga Billiard Club worker, filed a wrongful death lawsuit against the bar that provided free alcohol to the employee. According to an article on this website, www.timesfreepress.com, that and other allegations are made against the long-established downtown Chattanooga, TN bar where the male worker used to be employed.

The deceased woman’s husband is seeking damages for the bar’s negligence.

The lawsuit claims that on December 23, 2009, the 25-year-old male worker stayed at the bar to drink alcohol “free of charge” after his shift ended at 3 a.m. and that the alcohol was provided by his supervisor at the club.

The suit claimed the man left the bar visibly intoxicated and then ran over the victim who was crossing the street to report to work.

The article reported that the man was drunk behind the wheel of his Nissan sports car, ran a red light, hit the woman, fled, then called police and pretended he had been carjacked to cover his tracks.

It is against a city ordinance for bar workers ever to drink where they work, even when they are off duty. Bars also are not permitted to serve alcohol to anyone between 3 and 8 a.m. on weekdays.

Continue reading "Hit-and-Run Victim's Family Sues Bar" »

A 20-year-old man and his attorney are suing a man convicted of driving drunk and hitting the 20-year-old while he stood outside his apartment. According to this article on wtsp.com, the lawsuit also targets Shephard’s Beach Resort, the bar in Clearwater, FL that served the man before the crash. The man who was struck by the vehicle is now confined to a wheelchair. The convicted driver is currently serving an eight-year prison term.

The lawsuit claims that Shephard’s is incredibly responsible for this tragedy. An investigation showed that Shephard’s over-served the man who later caused the catastrophic injury crash. According to the article, the lawsuit says the bar served up about 10 Long Island Ice Tea drinks in just a two-hour period. Apparently, before he took to the road, the man was ejected from the bar, because on the way to the men’s room he fell against the wall and collapsed to the ground drunk. The suit also claimed bar workers then walked him to his car and watched him drive away.

The injured 20-year-old’s attorney said that although Florida alcohol laws make such a lawsuit difficult to win, they hope the suit will bring both monetary compensation and behavior changes.

Bars that over-serve their patrons should bear responsibility. Dram shop laws vary widely from state to state and cover places of business that serve alcohol — from liquor stores to bars to restaurants, theaters, and clubs — and impose liability on these establishments when they serve alcohol to someone underage or already intoxicated who then goes on to break the law or get in an accident that hurts themselves or others.

Continue reading "Drunk Driver Causes Catastrophic Injury Accident" »

Dram shop laws vary widely from state to state and cover places of business that serve alcohol — from liquor stores to bars to restaurants, theaters, and clubs — and impose liability on these establishments when they serve alcohol to someone underage or already intoxicated who then goes on to break the law or get in an accident that hurts themselves or others.

An article on www.stltoday.com, recently reported that a female Missouri Police Officer and the bar that served her alcohol have agreed to pay a total of $2.255 million to compensate the families of four young people killed and one man injured in a traffic crash in Des Peres, Missouri in March of last year. The wrongful-death lawsuit, brought by the survivor and the victims’ families, claimed that the Officer, who was off duty, drank “a high quantity” of alcohol that night at O'Leary's Restaurant & Bar, and then drove her car into oncoming traffic.

The suit accused the woman of negligence based on allegations of driving
drunk and driving on the wrong side of the road, among other things. The article reported that the woman’s blood-alcohol content was 0.169 % three hours after the crash. The threshold for drunk driving is 0.08 %.

Continue reading "Dram Shop Law Applicable for Fatal DUI Car Accident" »

A man from Marple, PA was charged with driving under the influence after a two-vehicle crash on April 4. According to this article on Delcotimes.com, the 47-year-old man was driving one of two cars involved in the crash on Baltimore Pike, injuring one person.

The article reported that the motorist was intoxicated and charged with DUI and related motor vehicle violations.

Every day throughout the country families are devastated when innocent loved ones die as the result of traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA) there were 33,963 auto accident-related fatalities in the United States in 2009, about 30% of traffic fatalities involved alcohol.

A skilled Philadelphia Pennsylvania traffic accident lawyers will have the necessary experience and knowledge to represent clients involved in even the most complex of car accident cases.

Continue reading "Marple Man Charged with DUI after Crash" »

Breaking news from the Associated Press reports that on Wednesday, February 10, 2010, the wife of a late Pennsylvania Senator testified in court against the alleged drunk driver who suddenly smashed into her and her husband’s car, killing the politician as they were on their way to an awards ceremony. The fatal car crash happened in autumn 2008 on Pennsylvania Route 209 between the traveling couple, who drove a Cadillac, and an auto mechanic who was driving a pickup truck.

The driver of the pickup rejects accusations of driving while intoxicated, but several witnesses say the mechanic’s breath reeked of alcohol and authorities report the man’s blood-alcohol levels tested 4 times beyond the state limit. Police also say the truck ran into the couple’s Cadillac so violently that the Cadillac spun around multiple times and caused damage to a minivan parked on the road’s shoulder. The minivan passengers were not physically harmed, but the Pennsylvania Senator reportedly died within 18 hours of the accident and his wife sustained critical injuries including a pierced lung, fragmented knee, and cracked ribcage.

Continue reading "Pennsylvania Senator Dies in Fatal Accident" »

On March 7, a man from Colwyn and a woman from Upper Darby, PA were critically injured when an alleged drunken driver slammed into them as they crossed MacDade Boulevard. The victims are hospitalized are undergoing treatment for severe injuries.

According to this article in the Delaware County Times, as the man and woman crossed MacDade Blvd., a woman was driving toward them at a high rate of speed.

The police chief said the female victim initially landed on the car, bounced off, then fell to the ground where the motorist ran over her again.

The driver also struck an SUV with two people inside after she hit the pedestrians. It is not known if anyone inside of the SUV was injured.

Both victims have compound fractures to their legs and many serious injuries. The article reported that the victims will likely survive, but their recovery will likely take a long time.

The female driver is charged with DUI, driving with a suspended license, careless and reckless driving.

Continue reading "Woman Charged with DUI after Running Down Pedestrians in Darby " »

A devastated father and mother have filed a lawsuit against a 24-year-old New Florence driver who killed their 15-year-old son after visiting two bars, reports dailyamerican.com. The parents will be utilizing Pennsylvania’s “Dram Shop” law that permits victims to sue a liquor serving establishment. Under this law, any business or private host can be held responsible if they served to a minor, or to an individual who is already clearly intoxicated, who, later proceeds to cause an accident, as is the case in this story. The driver is being charged with a myriad of charges including homicide by vehicle while driving under the influence, aggravated assault while driving drunk, homicide by vehicle, drunken driving, multiple counts of recklessly endangering another person and motor vehicle offenses.

The 15-year-old boy was travelling home after attending a Brittney Spears concert at approximately 1:40 a.m. when the car he was in was struck by a pickup. It turned out the driver had been at one bar from about 8 p.m. to 11 p.m. At midnight, he went to another bar and left only to return again, staying there until 1 a.m. The lawsuit alleges that both bars served the man drinks even though he was already drunk, and they should have prevented him from leaving their businesses.

Continue reading "Parents of Teenager File Suit Citing "Dram Shop" Law" »

On November 23, a 16-year-old crashed his SUV and killed two teenage friends. According to an article in the Philadelphia Inquirer, he is accused of being under the influence of marijuana at the time of the crash.

The Chester County Court Juvenile Master decided that the teen should remain at the Chester County Youth Center until an adjudication hearing.

The Assistant District Attorney argued that the male teenager recently posted entries on Facebook indicating that he was unremorseful and still getting high. According to the article, the young man described using marijuana and getting drunk on New Year’s Eve.

A 17-year-old male and a 16-year-old male, both 11th graders at Pottsgrove, died in the crash.
The teen driver was charged with two counts of homicide by vehicle while driving under the influence, six counts of reckless endangerment, and driving without proper insurance.

The young man was traveling westbound on Route 724 with five friends on November 23. He veered into the eastbound lane and traveled up an embankment. The SUV rolled over and landed in the eastbound lane, colliding with a Nissan sedan.

The teen motorist and three passengers were injured. The Nissan’s driver also was injured.

Continue reading "Teen Driver in Deadly Crash to Remain in Custody" »

According to an article in the Philadelphia Inquirer, a Levittown man whose car allegedly slammed into a parked police car, causing the cruiser to fatally run over an Officer, was “impaired.”

A paramedic and a police traffic investigator testified that the suspect behaved “oddly” right after the accident on January 29.

The 37-year-old officer became wedged under his cruiser and suffered a skull fracture and multiple fractures of the left leg.

He died of multiple injuries.

The driver went on trial November 9.

According to a fellow Officer and accident reconstructionist for the Middletown police force, the driver’s eyes were “red and glassy” and he was incoherent when interviewed by first responders.

The man is charged with homicide by vehicle while driving under the influence of alcohol or a controlled substance. Court records have alleged that the man was high on methadone, marijuana, opiates and benzoylecgonine, a substance related to cocaine use.

Continue reading "Trial Over Officer's Traffic Death Address Impairment" »

A man from central Pennsylvania has been charged with drunken driving and homicide by vehicle in a crash that killed a taxicab driver and one of his passengers in October. According to an article on Philly.com, the 31-year-old man is also charged with aggravated assault by vehicle while driving under the influence and other counts.

The article said that his blood-alcohol level was above the legal limit, he tested positive for marijuana, and he told officers that he was texting at the time of the crash.

Police said the man’s car crossed the center line on Harrisburg’s Market Street Bridge on October 3 and hit the taxi head-on. The crash killed the 34-year-old male driver of Harrisburg and the 28-year-old female passenger of Camp Hill, PA. Her husband, a 31-year-old man, was injured.

Continue reading "PA Man Charged in Collision with Taxi that Killed 2" »

A 79-year-old man accused of hitting a female cyclist was charged with driving under the influence of alcohol and leaving the scene of an accident. According to an article on Philly.com, the female bicyclist was hit on October 2 by a truck in Center City and is in critical condition. Initially the driver was charged with suspicion of driving under the influence.

The woman who was injured is believed to be in her 40s. She was hit about 7:30 p.m. at 22d and Market Streets. The article stated that SEPTA police stopped the truck at 22d and the Benjamin Franklin Parkway.

The driver of the truck should be held both civilly and criminally responsible for the woman’s injuries. She and her family would be well advised to seek the advice of an experienced Pennsylvania bicycle accident attorney.

Continue reading "Cyclist Injured in DUI Hit and Run Accident" »

On September 12, a Lower Township, NJ man was killed, and his wife and teenage daughter critically injured, when a man’s car crossed the center line on a curve and hit their car. According to an article in The Philadelphia Inquirer, the driver of the vehicle responsible for the accident was charged with death by auto and driving while intoxicated. This is his eighth drunken-driving arrest since 1996.

For 13 years, the legal system has tried to stop this particular man from drinking and driving. He was sent to alcohol treatment and to jail and his driver’s license was taken away. Yet the Philadelphia resident continued to get arrested.

On Saturday, September 12, a 50-year-old father of four was pronounced dead at the scene of the accident, minutes from his home on Route 9 in New Jersey.

His wife was taken to Atlantic City Regional Trauma Center, and their 13-year-old daughter was taken to Cape Regional Medical Center. Both remain in critical condition.

According to the article, the man who caused the accident had been through the system many times in Philadelphia and had been given numerous opportunities for rehabilitation. They took the man’s license away, but he was still driving. Many people have been killed by repeat offenders.

Mothers Against Drunk Driving is pushing for tougher legislation to target repeat offenders because the recidivism rate among drunken drivers is so high. After a third conviction in New Jersey, drivers are required to install ignition locks that prevent anyone from starting a car without first passing a breath test.

Continue reading "Man Responsible for Fatal Accident Had Series of Arrests" »

An 18-year-old from Delaware County was asleep in the backseat of a friend’s car when an SUV driven by a drunken driver crashed into the car, severely injuring his spinal cord and leaving him paralyzed.

The Philadelphia Inquirer reported that on September 22, the driver of the SUV was sentenced to three years and eight months to 14 years and six months in prison. On Aug. 17, the driver pleaded guilty to aggravated assault by vehicle while DUI, fleeing police, and other charges. He has been ordered to pay about $35,000 in restitution.

According to the article, the driver had numerous legal charges, including underage drinking, curfew violations, fighting, and harassment. He was truant from school and had his driver’s license suspended for juvenile drug charges. He was ordered twice by the courts into drug rehabilitation.

On April 29, 12 days after getting out of rehab, the man stole the family SUV and drove drunk. The police followed him for 1.7 miles and attempted to stop him as he swerved back and forth and blew through stop signs and a red light before crashing into the car carrying Jewell and two other Ridley High School teens.

The injured victim is still in pain from the accident and is dependent on others for most of his care.

The driver in this incident should be held both criminally and civilly responsible for the victim’s injuries. His family would be well advised to seek the advice of an experienced personal injury attorney.

Continue reading "DUI Crash Leaves Victim Paralyzed: Delco Driver Sentenced" »

A man of Kennett Square pleaded guilty to a vehicular homicide that happened on October 2, 2008. He crashed his car into a tree, killing his friend, while allegedly fleeing from police. According to this article on Philly.com, the 22-year-old was charged with homicide by vehicle while driving under the influence, DUI, and causing an accident involving death. He was not properly licensed and he also fled or attempted to elude an officer.

The young man was high on marijuana and driving without a license that day when an officer tried to pull him over in Chester County for an expired registration. When the officer approached the car, he accelerated suddenly and forced the officer to move out of the way to avoid being struck. The car crashed soon afterward.

The man’s front-seat passenger and friend died from the car crash in Pennsylvania.

The driver in this case should be held both criminally and civilly responsible for the death of his passenger. The DUI victim’s family would be well advised to seek the advice of an experienced wrongful death attorney. The amount that can be claimed and the heirs who are allowed to file a Pennsylvania wrongful death lawsuit can vary widely depending on jurisdiction. In addition, statutes of limitation may come into play that limit the time a family has to file a wrongful death lawsuit.

Continue reading "West Chester DUI Accident Kills Driver’s Friend" »

The family of a bicyclist who was killed two years ago after being hit by a drunk driver in a bicycle accident in Pennsylvania, has entered into a settlement with the driver and the restaurant blamed for selling alcohol to her even after she was intoxicated. According to this news report the fatal bicycle accident occurred Feb. 11, 2007 when the woman was driving after celebrating her birthday at a local restaurant with family members. Her blood alcohol content (BAC) was more than three times the legal limit, which is 0.08 percent in Pennsylvania. Last year, the woman pleaded guilty to homicide by vehicle and was sentenced to six years in state prison.

The lawsuit, filed in Lancaster County Court, asked for $100,000 in damages from the defendants. The lawsuit alleged that the restaurant sold liquor to the driver and her husband even after they were visibly intoxicated and failed to make sure that they had an alternative way to get home so neither one of them would have to drive. But attorneys for the restaurant argued that the woman did not appear intoxicated when she was at the restaurant.

Pennsylvania dram shop liability laws usually cover places of business that serve alcohol including liquor stores, bars, restaurants and clubs. These laws impose liability on businesses when they serve alcohol to someone underage or an individual who is already intoxicated who then goes on the break the law or cause an auto accident in Philadelphia that injures themselves or others. These cases are complicated because the indicators of intoxication can be contested as they were in this particular case.

Continue reading "Lawsuit in Fatal DUI Bicycle Accident Settled" »

Two Philadelphia police officers suffered severe injuries after being struck by a car driven by a suspected drunk driver, according to this Fox News report. The two police officers had just arrested another drunk driver when a black Honda Pilot sideswiped their police car and plowed into the arrestee's red Chevy. One of the officers, who was still searching the Chevy, suffered critical head injuries including multiple facial fractures from the car accident in Philadelphia. The other officer, who was standing by the Chevy, suffered injuries to his arm and legs, but is said to be in stable condition. Police arrested the driver of the Honda on suspicion of aggravated assault, speeding and driving under the influence.

Driving under the influence in Pennsylvania has serious consequences on the lives of those who cross paths with the drunk driver in an accident. When a drunk driver injures or kills another person, he or she could be held criminally and civilly liable for the accident and resulting injuries. Drunk driving is the worst form of negligence and causes grief that no family should have to endure.

Continue reading "Philadelphia Police Officers Struck and Injured by Drunk Driver" »

Lewis Leon, 26, seriously injured a woman after he struck her car, which was stopped at a traffic signal at Somerset Street and Park Avenue in North Philadelphia. According to this article in the Philadelphia Daily News, the impact of the Philadelphia car crash pushed the car through the intersection and into a pole and then ejected the female driver from her vehicle.

The woman suffered head trauma, broken bones, and extensive bruising. According to the article, she is in critical condition at an area hospital due to this drunk driving accident in Philadelphia.

Leon allegedly continued driving after the crash and struck two more vehicles before coming to a stop at a pole. He was arrested and charged with driving while under the influence of intoxicants, aggravated assault, recklessly endangering another person, and related offenses.

Continue reading "Philadelphia Drunk Driving Accident Seriusly Injures Woman" »