Pennsylvania Personal Injury Blog

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 Associated Press article on Philly.com, a California winery will pay $3 million to settle a lawsuit brought after a teen driver was served beer at a wedding reception there. He later crashed his car, causing brain injury to his friend.

The teen motorist was convicted of drunken driving and served time for the 2006 crash.
The victim’s family sued Paradise Ridge Winery and the owners of a 7-Eleven, where the 19-year-olds reportedly later bought beer.

The injured friend also will get $500,000 from 7-Eleven and $105,000 from the driver. The money covers attorney fees and the injured boy’s care and will buy him a house equipped for the disabled.

The teen driver said that a bartender at the winery served him six to eight beers after he told them he left his identification in the car.

Continue reading "Sonoma Winery Pays $3M to Settle Teen DUI Case" »

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" »