The victim was found on July 15, 2005, on Route 110 in Burrell Township. An arrest in the hit-and-run case was not made until 2006. Thereafter, the defense claimed the victim may not have been alive when the accused ran him over. The driver said he thought he had hit a speed bump but acknowledged that when he looked in his rear-view mirror, he saw someone lying on their back.
]]> Initially, an appeals court dismissed his case but it was later reinstated by the Pennsylvania Supreme Court. The family is grateful that their long fight for justice is finally coming to an end and believes the victim would be proud of what they have accomplished.Although the man has now been held criminally responsible for this fatal accident, there was no indication if the family had pursued a wrongful death claim against him. Such a claim is generally permissible under state law when a fatality occurs through the negligent or intentional act of another. Families of accident victims may have the legal right to be heard before the civil courts of Pennsylvania.
Source: WTAE.com, "Man pleads guilty in Indiana County bicyclist's 2005 death," May 4, 2012.
]]>Injured Claimant not only needs to show that they suffered a disabling mental injury as a result of the work environment, they also have to show that the condition has been caused by abnormal working conditions. The Appellate Courts in Pennsylvania have defined abnormal working conditions in such a way as to make it very difficult for workers to receive Workers' Compensation benefits for work-induced mental conditions. For instance, the Courts have held that a police officer who developed depression as a result of hitting a pedestrian with his vehicle does not qualify for benefits because of the nature of police work. Furthermore, Appellate Courts have held that a retail worker who develops a mental condition as a result of being robbed while working in a high crime area does not qualify for benefits simply because robberies are expected in a high crime area. The Courts have held that these disabling conditions developed by the workers constitute a subjective reaction to abnormal working conditions.
Interestingly, the Appellate Courts have been very flexible in finding ways to deny benefits to injured Claimants with these scenarios. The Appellate Courts apply a broad based scenario to deny benefits to injured police officers, even though an officer working in rural Pennsylvania may have a job considerably less dangerous than a job working in a major metropolitan area. Conversely, the Appellate Courts have used the problems of a specific geographic area to deny benefits to retail workers who are robbed in a job in major metropolitan areas. The only thing consistent about the case law that has developed has been one to favor employers over employees.
]]>The girls were rushed to a Pittsburgh area hospital where they were listed in fair condition on the night of the car accident. Two of one of the girls' cousins explained that their brother had stopped at a stop sign and then turned onto the road where the girls were lying. The injured girls were conscious after the collision and apparently acknowledged they had fallen asleep while trying to get a tan.
]]> What started out as an afternoon enjoying the good weather ended up with two girls suffering serious injuries in a car accident. While there are number of legal doctrines that may apply to this case, the first hope is for the quick and complete recovery of both injured victims.Unfortunately, people injured in car accidents often incur substantial medical expenses as a result of a collision and may face long periods of recovery. Pennsylvania law provides for the right of accident victims to pursue personal injury claims against those parties whose negligence is deemed to have caused or contributed to a collision. While it remains to be seen what the cause of this incident will be determined as, it underscores the need for drivers to pay careful attention while operating a motor vehicle in our state.
Source: Yahoo! News, "2 teen girls sunbathing on Pa. road struck by car," April 29, 2012
]]>Read the full Post Gazette article http://www.post-gazette.com/stories/business/legal/steelers-do-not-have-to-pay-fees-court-says-632680/
]]>The woman is facing 16 criminal charges, including third-degree murder, homicide while driving under the influence, aggravated assault, fleeing and eluding police, drug possession and other charges. The tragedy began when officers apparently saw the woman driving on the wrong side of the road. Police say that after they tried to stop the woman, she began swerving in and out of traffic in an attempt to pass cars. Eventually the woman crashed into the young victim's car.
]]> The deceased woman's family may now have the legal right to pursue a wrongful death claim against any party deemed negligent for the fatal accident that took their loved one's life. While the accused woman is facing Pennsylvania criminal charges, a wrongful death claim could result in reimbursement to the family for financial damages suffered. While a successful claim will not likely ease the grief, it may serve as an additional measure of justice against the wrongful acts of negligent parties.Source: Pittsburgh Post-Gazette, "Driver to stand trial in fatal Penn Hills crash," April 21, 2012
]]>The 21-year-old driver who caused the accident was pronounced dead after being transported to a hospital. However, the 19-year-old driver she struck also suffered major injuries and was also rushed to the hospital, where further word on her medical condition was not immediately available. Three other people were injured in the accident but no word was initially available on the extent of their injuries or whether they required hospitalization.
]]> The road the accident occurred on is not known for many wrong-way crashes. The Pennsylvania Department of Transportation noted that there had been no crashes of that kind for at least five years. Wrong-way warning signs were said to be prevalent on the road, and a driver on the ramp would first have to drive around a median strip lined with several trees before seeing the signs. Pittsburgh police also reported the presence of an alcohol odor at the scene. While they did not confirm that alcohol was a factor in this car accident, it is a common practice for police to request a toxicology screen in car accident cases like this.The young woman who was hospitalized will likely incur significant medical bills and related expenses as a result of this car accident. She, as well as any other seriously injured person involved in the accident, may have the right to pursue a claim to recover monetary damages from any party whose negligence is determined to have caused or contributed to the car accident. Careful documentation of all evidence and expenses related to the crash may help as the viability of instituting a claim is assessed under Pennsylvania law.
Source: WTAE Pittsburgh, "Wrong-Way Parkway Crash Kills Young Woman, Injures 4," April 15, 2012
]]>On Friday evening, just after 6:30 p.m., a female pedestrian was struck by a car. Though few details were available in a news report, the incident occurred on Corporate Center Drive near Beaver Grade Road in Moon. The local police were on the scene, and the injured pedestrian was flown to UPMC Mercy Hospital for treatment. There was no immediate word on the woman's condition, and the investigation is said to be ongoing.
]]> The driver of the vehicle stayed at the accident site and submitted to a blood test at Sewickley Valley Hospital, the results of which were not included in an early news report. Nevertheless, if the driver is found to have driven carelessly in causing the accident, just as any other negligent driver in Pittsburgh, he may face criminal charges and perhaps a personal injury claim.People who have been injured in a crash know how frightening it can be. Not only is an individual's health put in danger, but he or she may also incur substantial medical bills. People who have found themselves in this situation should know that filing a personal injury claim may be possible of a driver was negligent and caused a collision. Personal injury claims can help an injured person obtain compensation for lost wages, medical expenses, and any pain and suffering associated with the incident.
Source: Patch.com, "Update: Pedestrian Hit on Corporate Center Drive," Jenna Staul, April 14, 2012
]]>The man was pronounced dead at the crash scene. As of now, no charges have been filed against the pickup driver. However, according to the chief of police, charges are pending and will later be announced by the district attorney. The victim, also employed as a machinist, is being remembered as a dedicated officer. The machinist shop where he also worked closed its doors for a day to honor to the victim.
]]> Although criminal charges are pending against the driver for his part in this fatal accident, the man's family may have the right to file a legal claim against the pickup driver and any other party deemed responsible for the crash. A wrongful death claim may be appropriate. Pennsylvania law recognizes the right of surviving family members to pursue this type of claim when a fatality is caused by the negligent or willful conduct of another.When Pennsylvania drivers get behind the wheel of a motor vehicle, they assume a reasonable duty of care for others occupying the road. This seemingly senseless fatal accident may have been prevented. Now, the family is mourning the loss of their loved one. While seeking financial compensation through a wrongful death suit will not bring the victim back, a successful claim may help ensure that negligent parties are held accountable as well as provide needed compensation for expenses and other damages related to the fatal collision.
Source: WTAE Pittsburgh, "Passing Pickup Hits Motorcycle, Killing Driver," April 3, 2012
]]>A woman was crossing the street with the 5-year-old boy when a car struck the boy. He was knocked completely out of his shoes and landed on the hood of the driver's car. The injured boy was coherent and walking by the time police arrived, but he was transported to St. Clair Hospital for a medical examination.
]]> The driver is expected to receive citations for his part in the crash. Details surrounding the collision are minimal, and the further condition of the boy is unknown. Regardless, when a child is struck by a car due to the actions of a negligent driver, it catches the attention of everyone.Although it does not appear that the child has life-threatening injuries, there will likely be medical bills and recovery time involved. The family may have the right to file a legal claim if it is evident that the negligence of one or more parties caused or contributed to the boy's injuries. They may want to pay close attention to the investigation surrounding this accident as they attempt to decipher what legal rights they may have.
While this accident was certainly a close call, it still does not relieve any party that is found negligent. Financial compensation may help the family with any medical costs incurred as well as with pain and suffering related to the car accident. Seeing a child hurt can be a traumatic event. Hopefully, this story will alert other Pennsylvania residents of the care that must be taken when operating a motor vehicle.
Source: CBS Pittsburgh, "Boy, 5, Hit By Car In Bridgeville," March 27, 2012
]]>The truck-tractor operator did not suffer any injuries in the collision and authorities indicated he will not likely be charged with any serious crimes for the fatal accident.
]]> According to police reports, a 1-year-old foster child was transported to Children's Hospital of Pittsburgh, but was scheduled to be released on the day following the collision. However, the other foster child, a 2-year-old, was still listed in critical condition at the same hospital. According to police reports, the two children are siblings.Police credit the foster children's survival on being strapped into secure car sets in the back of the car. Authorities are unsure why the foster mother did not get off the roadway and bring the children to safety.
It is not clear how this specific case will turn out, but Pennsylvania residents who are injured in an accident because of another person's negligence may be able to file a personal injury lawsuit. Family members who have lost loved ones in a car accident may also be able to file a wrongful death lawsuit.
Source: Pittsburgh Tribune-Review, "Foster children manage to survive Route 119 crash," Liz Zemba, March 23, 2012
]]>The first vehicle is described as a white van missing a passenger-side sideview mirror. The second vehicle was said to be a small dark colored vehicle and apparently struck the man after he was initially hit by the van. Police are requesting public assistance from people who may have witnessed the accident to help them identify both the vehicles and the drivers involved.
]]> The Baldwin Police Chief stated that Route 51 is a very busy road and several accidents have occurred there. They have contacted the Pennsylvania Department of Transportation in an attempt to make the route safer for pedestrians. The hit-and-run investigation has been transferred to the Allegheny County Police.The man's family will understandably be interested in the results of the official accident investigation. They may be able to seek redress in Pennsylvania courts against any party deemed negligent in the tragic hit-and-run accident. Such lawsuits are referred to as wrongful death claims and permit a surviving family to seek reimbursement for costs related to the fatality, as well as for other damages including pain and suffering caused by the collision that resulted in the death of their loved one. Hopefully police will be able to find the drivers who are responsible for this tragedy.
Source: CBS Pittsburgh, "Police Searching For 2 Vehicles After Deadly Hit & Run," March 9, 2012
]]>According to the NACI, "Academy members are recognized experts in Social Security, Medicare and health coverage, workers' compensation, unemployment insurance, and related social assistance and private employee benefits. Individuals selected for membership have distinguished themselves by improving the quality of research, administration, or policymaking in one or more of these areas."
In order to qualify for membership, an attorney must be nominated by current Academy members. Candidates are recognized for significant and ongoing professional contributions to the field of social insurance. "NASI members volunteer their time in study panels, advisory committees, conferences, and they participate in NASI's other research, education, communication, and leadership development initiatives."
Attorney Ed Abes has been listed as one of the top 5% of lawyers in Pennsylvania by Super Lawyers Magazine since 2004. Super Lawyers has also listed him as one of the Top 50 Lawyers in Pittsburgh. In addition he has been recognized continuously since 2004 by Best Lawyers in America as Pittsburgh's Best Workers Compensation Lawyer. He was also recognized as Professional Hockey Players Association Workers' Compensation Panel Attorney of the Year 2010 and the National Football League Players Association Workers' Compensation Panel Attorney of the Year in 1993.
http://www.nasi.org/press/releases/2011/12/sixty-two-new-members-elected-national-academy-social-ins
]]>Before the season, the players in the League organized into a union. The union has been attempting to negotiate a new collective bargaining agreement with the teams and League. Unfortunately, the union has not been successful to date.
At the pre-game meal prior to the inaugural game of the season in Florida, a statement from the team was read to the players, informing them that they were all fired. Some of the players signed new contracts and played in the game. All others were told they had to find their own way back to Pittsburgh. According to one player, personal items were removed from his apartment, which the team had paid for, by the time he returned to Pittsburgh.
Is this really any way to treat employees?
]]>Initial reports indicate that a 19-year-old man in a black vehicle was speeding eastbound on Route 422 in a haphazard manner. For reasons not yet fully understood, the man's car swerved into oncoming traffic and crashed head-on with a truck driven by a 49-year-old man. The teen was thrown from his vehicle in the car accident and medics subsequently airlifted him to the hospital, where he was pronounced dead. The other man was trapped inside his truck for almost an hour before rescue workers were able to free him. No further word on his medical condition was immediately available.
]]> As the police continue their investigation, toxicology tests have been ordered for the deceased teenager. Once their inquiry is complete, the formal accident report may offer some insight into the precise cause for the car accident as well as a determination regarding fault for the collision.Both the surviving family of the young man as well as the injured truck driver and his family will likely be interested in the police findings. In Pittsburgh and throughout Pennsylvania, those injured due to the negligent or reckless conduct of another are entitled to pursue claims for financial remuneration related to the incident. Expenses incurred and other damages, including pain and suffering related to the injuries, are typically included in any legal relief sought.
Source: Pittsburgh Post-Gazette, "Teen dies after Slippery Rock crash," Liz Navratil, March 6, 2012
]]>A 24-year-old Munhall man was arrested nine months later and charged with homicide by vehicle and driving under the influence. Testimony in his non-jury criminal trial was recently heard in Allegheny County court, where evidence was presented indicating that the accused man's blood alcohol content was nearly three times the permissible amount under Pennsylvania law. The man, however, denies that he was behind the wheel of the vehicle, even though he was sitting there when authorities arrived at the scene of the crash. Testimony was adduced that documented the presence of the defendant's DNA on the driver's side air bag.
]]> While the family of the deceased woman likely hopes that the truth emerges in the criminal trial, they may also consider pursuing a wrongful death action against all parties deemed negligent in the woman's death. In addition, those seriously injured in car accidents in Pittsburgh and throughout the state may elect to pursue personal injury claims based on the negligent or reckless acts of others.While nothing can change what occurred, the deceased woman's family and other victims may find some measure of solace in holding negligent parties fully accountable for their actions while also seeking financial remuneration to help defray some of the expenses accruing from the accident.
Source: WTAE, "Man Accused Of Killing Woman In DUI Crash Goes Before Judge," Feb. 28, 2012
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