$1.5 Million Motorcycle Accident Settlement

A recent Pennsylvania Jury Verdict Review & Analysis summarized the Pisanchyn Law Firm's $1.5 Million Motorcycle Accident recovery.

1,5000,0000 Recover - Motor Vehicle Negligence - Negligent Lane Change - Motorcycle/Truck Collision - Alleged Wrongful Hiring and Retention of Truck Driver - Wrongful Death at Age 65

Lackawanna County, PA
The plaintiff's decedent was a 65-year-old retired male who was operating a motorcycle when he was involved in a fatal collision with one of the defendant trucking company's tractor trailers. The plaintiff alleged that the defendant's truck driver negligently entered the decedent's travel lane and caused the collision. The plaintiff contended that the truck driver was negligently hired and retained by the defendant trucking company. The defendant denied the allegations made by the plaintiff and disputed the amount of the damages allegedly caused by his death.

The decedent was driving a Harley Davidson motorcycle on the Pennsylvania Turnpike in Carbon County October 3, 2013, towards Philadelphia at the time of the accident. The plaintiff claimed that the defendant's tractor tailer encroached on the decedent's lane and pushed it into the concrete barrier. The decedent died shortly after the collision as a result of the injuries sustained. He and his wife were in the process of adopting their grandchild at the time of his death.

The plaintiff argued that, within ten minutes of the fatal collision, the defendant trucking company sent its attorney and insurance adjuster to the scene. When the State Policed requested that the defendant's driver take a drug and alcohol test, the driver refused. The plaintiff alleged that the defendant allowed its drivers to avoid mandatory drug tests and continued to employ the driver in question, despite a poor driving record. including prior driving violations, collisions, and a history of drug use.

The case was settled prior to trail for a total of $1,500,000.00.

REFERENCE
Burke vs. Defendant Trucking Company, Case no. 2013-01206; Judge n/a, 03-25-16.

Attorney for plaintiff: Michael J. Pisanchyn Jr., of the Pisanchyn Law Firm in Scranton, PA.

COMMENTARY
A callus picture of the defendant's behavior in this motorcycle/truck collision case was painted by the plaintiff's counsel. It was claimed, that while the decedent's body laid on the highway with a tarp over it, the defendant trucking company and insurance company could only think about getting to the scene as quickly as possible to minimize its financial exposure. It was also emphasized that the truck driver refused to submit to an alcohol/drug test at the scene.

The plaintiff's position was assisted by a video statement given by the truck driver's then-girlfriend. This witness stated that the truck driver out of "habit" always used drugs while driving the 20,000 pound vehicle. Further, the former girlfriend claimed that the defendant trucking company knew of this and told its drivers in advance when a random drug test would be coming so the driver could prepare to overcome it.

The statements made by the former girlfriend, along with the truck driver's record including several collisions, eight pages of driving violations and a criminal history of drug use, could have proven insurmountable for the defense had the case reached trail. In addition, the plaintiff had evidence of at least one drug test which stated that the truck driver's urine was "Diluted." Thus, the case was concluded by way of a $1,5000,000 settlement.

What are common misconceptions about lawyers?

Are any of the common misconceptions about lawyers true?

Being lawyers, we know and understand the stereotypes against us from the general population. Some of you may have actually met the select few lawyers who fit those stereotypes of being dishonest, scheming, and money hungry. For that, we apologize for the bad taste they have left in your mouth. The lawyers here want to change your perceptions and show you that we really do care for you the person, while representing you the client.

Chances are, if you need to consult with an attorney your circumstances are not good; you have been injured, victimized, and/or wronged in some way. We understand that you are already in a vulnerable state and reaching out for help in that condition is difficult; the last thing you need is what the general population perceives a lawyer to be.

Here’s what you do need; a person aggressive, driven, and passionate enough to fight for you or your loved ones rights. That’s where representing you the client comes in. Being in a legal battle is not easy. It’s time consuming, demanding, and can sometimes strip you of your privacy and normal way of life. In the area of personal injury law, insurance adjusters will call you nonstop, hounding you to settle, bullying you into answering questions that, by law, you are not required to answer. It is a lawyer’s job, once you have selected them to represent you, to protect you and take all that pressure and stress away from you so you can get your life back in order after whatever event has placed you in this circumstance.

Of course, we do make a profit, but that’s another part of representing you the client. The Pisanchyn Law Firm works on a contingency fee, meaning that if we win your case, we will get a portion of the settlement, if we do not win your case, we get paid nothing. Technically speaking, our services in the area of personal injury are completely free to you, because you never have to pay out of pocket for our services. As you can see, the interests of you the client and us the attorneys are aligned, so you know that we will stop at nothing to get you what you deserve.

What you also need is a support system; a group of caring individuals that know you’re going through a difficult time and only want to make it easier for you. That’s where caring for you the person comes in. Sometimes it’s hard to turn to family or friends when going through a legal ordeal. Though you shouldn’t, it’s normal to feel ashamed, embarrassed, or even at a loss for words or emotions. A lot of times victims of personal injury cases lose their faith in people to a certain degree because of how horrible they are treated by the negligent doer, the insurance adjusters, and depending on the circumstances of the incident, people who were once friendly to them. We deal with these emotions and feelings with all of our clients, you don’t need to tell us, we understand.

The Pisanchyn Law Firm has made it a priority that all our clients are treated with respect, care, and are welcomed into a friendly environment. Our staff, paralegals, and attorneys all want to help you in any way we can. We’re here 24/7, seven days a week to listen to whatever you have to say, even if you just want to chat. We want to be your lawyer for the rest of your life, not just for this case and we know that to accomplish this task a personal relationship based on trust must be made. This takes time, time that we enjoy devoting to getting to know you and time that we also devote to defending you and getting you what you deserve.

We believe that this attitude is the attitude of a true lawyer, the kind of lawyer you should base your perceptions off of. We urge you to get to know us, ask us questions, look through our website, give us suggestions, call or stop by our offices to see what a real law firm is all about; whatever you need to separate us from the ill-fitting stereotype we have been given. For more truths behind the myths of attorneys and personal injury lawsuits, visit the Myths section of our website.

Can a Lawyer provide remote "Legal Advice" via phone across state lines?

Can a Lawyer provide remote "Legal Advice" via phone across state lines? What are the limitations of the legal advice?

The answer to this question depends on the nature of the call and what type of legal advice is being asked.  A lawyer can only provide advice for jurisdictions in which the lawyer is licensed.  So, if you are in California and asking a Pisanchyn Law Firm attorney questions on an incident that occurred in Pennsylvania or about Pennsylvanialaw via telephone, that is fine, because we are licensed in Pennsylvania and can provide legal advice pertaining to Pennsylvania law.  If you are asking our attorneys questions that are about California and California law, we have a couple of general responses:

1. This is how it would work in PA but we don’t know the laws of California and are not licensed to practice there.
2. These are the general legal concepts involved, but its California and we are not licensed or familiar with the laws.

Without a license in that state or a special one time admission, no lawyer will appear in Court in that state.  That would be practicing law without a license.

Often times the Pisanchyn Law Firm can refer your case to a local attorney if we are not able to represent you.

Lastly, the Pisanchyn Law Firm has attorneys licensed in both Pennsylvania and New Jersey so we are able to represent you should an accident or injury occur across state lines. The Pisanchyn Law Firm will meet you in any City, Town, or State should they decide to accept your case making it convenient for you. You can reach our injury attorneys via our website or toll free at 1-800-444-5309. We're here for you no matter the time of day, day of the week, and are even available to your on holidays.

Prevent Injuries and Fatalities- Don't Drink and Drive

Parties, picnics and fireworks are just some of the festivities that lead droves of Americans onto our nation’s highways every Fourth of July. Unfortunately, the celebrations too often turn deadly when drinking alcohol leads to drunk driving.

This year, Americans will celebrate the Fourth on a Monday, which means the holiday weekend starts at 6 p.m. Friday, July 1st and ends on Tuesday, July 5th at 5:59 a.m. In 2014, over the Fourth of July holiday (6 p.m. July 3rd to 5:59 a.m. July 7th), 164 people were killed in crashes involving at least one driver or motorcycle operator with a blood alcohol concentration of .08 grams per deciliter or higher. Those preventable deaths make up 41 % of the 397 people killed in motor vehicle traffic crashes over the Fourth of July period.

If you plan to partake in the weekend's festivities PLEASE don't drink and drive! Even if you are not drinking and traveling throughout the holiday weekend be aware of other drivers. If you suspect someone on the road is drinking and driving call your local police department and stay a safe distance away from them.

Here are some other tips to keep you and your family safe this holiday weekend:

• Plan a safe way home BEFORE the fun begins
• Designate a sober driver or use public transportation to get home safely.
• Download NHTSA’s SaferRide mobile app at www.nhtsa.gov/link/saferride/.
• If you see a drunk driver on the road, don’t hesitate to contact your local police department.

For more information visit our website or call 1-800-444-5309.

Fireworks Safety

Each year, 230 people on average go to the emergency room in the weeks leading up to and after the Fourth of July, with the majority of those injuries including burns affecting hands and fingers, eyes, arms, legs, head and ears, according to the Consumer Product Safety Commission. Firecrackers cause 20% of those injuries, and children between the ages of 5 and 9 and adults 25 to 44 are at the most risk of injury.

In 2015, 11,900 people were treated in the hospital for fireworks-related injuries, and children under the age of 15 accounted for 38% of those injuries, according to the CPSC. It also noted that 11 people were killed in 2014 and cited five recent deaths due to the inappropriate use of both legal and illegal fireworks.

Injury and harm can occur to more than just the person setting off the fireworks. Women and children are injured more often at public fireworks displays. Setting off fireworks at your home (always check with local laws as in some states/areas this is illegal) could cause catastrophic damage to not only your home, but the homes around you. Firework debris can cause a house fire to the homes nearby.

Here are some tips from the National Council on Fireworks Safety to safely enjoy the holiday:

• Use fireworks outdoors only.

• Only use fireworks as intended. Don't try to alter them or combine them.

• Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

• Use common sense. Spectators should keep a safe distance from the shooter, and the shooter should wear safety glasses.

• Alcohol and fireworks do not mix. Have a "designated shooter."

• Only people over the age of 12 should be allowed to handle sparklers of any type.

• Do not use homemade fireworks or illegal explosives; they can kill you. Report illegal explosives to your fire or police department.

For more information or to speak with an injury attorney, visit our website or call 1-800-444-5309.

Pittsburgh Personal Injury Attorneys

The Pisanchyn Law Firm is now in Pittsburgh, PA!

Is it OK to Post on Social Media After an Injury?

How many times did you check your Facebook today? Did you Snapchat your morning coffee? Instagram the long line of traffic during the morning commute? Tweet about last night's game? Social media has become a constant in the lives of many. It's a great way to stay connected, or in our case, to provide our community and clients with valuable information. These sites can be useful and fun but they could also be your worst enemy if you are involved in a personal injury lawsuit.
The rule of thumb when involved in a lawsuit is not to discuss your case with anyone, except your attorney.  This advice holds true for posting information on social networking sites like Facebook, Instagram and Twitter.  A seemingly innocent photo or post can have a detrimental effect on your personal injury case, even if it is taken at a pain-free moment or prior to your accident. Anything you post can be misconstrued and could be used against your claim.

You should amend your privacy settings as well, but investigators can find ways into your profiles even if they are private. Private doesn't mean not public.

Most importantly, it is best to refrain yourself, as well as family and friends, from posting anything about your claim on social media at all.  Should you have any questions about an injury you have sustained at the fault of another or about social media in regards to your case, contact our personal injury attorneys via our website, PisanchynLawFirm.com.