$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.

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.

Pisanchyn Law Firm Settlement March 22

Family settles fatal motorcycle accident suit for $1.5 million

By Terrie Morgan-Besecker
The Times-Tribune (TNS) 

 

The family of a Scranton man killed when a tractor- trailer struck his motorcycle reached a $1.5 million settlement with the trucking firm.

 

Thomas M. Burke Sr., 65, of Park Drive, Scranton, was riding his 2004 Harley Davidson motorcycle on the Pennsylvania Turnpike in Carbon County on Oct. 4, 2013. The driver of a tractor-trailer owned by Lily Transportation Corp. of New Jersey moved into Mr. Burke’s lane and struck his motorcycle, pushing it into a barrier. Mr. Burke was pronounced dead at the scene.

 

Michael Pisanchyn of Scranton, attorney for Mr. Burke’s wife, Lela Mattern-Burke, initially filed suit against the company and the driver, Joh Hatterer, in Philadelphia County Court.

 

The case was later transferred to U.S. District Court for the Eastern District of Pennsylvania.

In a press release, Mr. Pisanchyn said evidence showed Mr. Hatterer, who died while the lawsuit was pending, was previously involved in several collisions and had a long history of driving violations.

A settlement was reached following a meeting with a mediator on March 22. The agreement sets aside $600,000 in attorneys fees to be split evenly between Mr. Pisanchyn’s firm and Jason Provinzano, who represents Mr. Burke’s estate.

 

“The Pisanchyn Law Firm believes that this settlement sends a message to other trucking companies that if they do not follow the rules … putting our community in danger, there will be severe consequences,” the release says.

RUI? More Common Than You Think

Happy May, and welcome to Motorcycle Safety Awareness Month! Just as we brought you facts, statistics, and tips to avoid distracted driving last month, we are going to do the same for Motorcycle Safety this month.
Our motorcycle accident lawyers have handled numerous cases involving an injured motorcyclists. Victims of motorcycle accidents face a higher chance of fatalities, more severe injuries, and higher medical bills than those in regular passenger vehicle accidents. These risks are increased when the motorcyclist, or another driver, is driving under the influence of drugs or alcohol.



The NHTSA urges all motorcycle riders to ride sober.

A shocking recent study shows that the percentage of intoxicated motorcycle riders in fatal crashes in greater than the percentage of intoxicated drivers on the road. We always try and bring awareness to drunk drivers as well as encourage people to have a designated driver if they plan to be out celebrating, and this is no different if you are operating a motorcycle.

If you were a passenger on a motorcycle operated by an intoxicated driver, or were on a motorcycle and injured by a drunk driver, we can help you. Our Pennsylvania accident attorneys are experienced with these types of cases and can get you the compensation you deserve.

Enjoy the beautiful weather, riding, and yourself this Spring/Summer, but please be safe. Watch for motorcycles, have a designated driver, and don't fall victim to distractions while driving.

Call 1-800-444-5309 for a free consultation or contact our motorcycle accident attorneys directly through our website if you or a loved one has been injured in a motorcycle accident or as a result of a drunk driver.

For more information about Motorcycle Safety Awareness Month visit the NHTSA's (National Highway Traffic Safety Administration) website.

Teens Seeking Motorcycle Licenses- Read Up!

Last year, August 31, 2012 to be exact, the state of Pennsylvania put a new law into effect that all teens seeking a motorcycle license must first complete Motorcycle Safety Training.

Since the law was put into effect a little late in the motorcycle riding season we wanted to take this opportunity to remind parents of teens and teens who have yet to get a motorcycle license of this new requirement.

The safety training is the Pennsylvania Motorcycle Safety Program's (PAMSP) Basic Rider Course. This course is offered at close to 70 sites across Pennsylvania and is free to PA residents.

The Basic Rider Course provides an introduction to safe and responsible motorcycle operation. There are 15 hours of classroom and riding instruction. (Broken down to 5 hours in the classroom, 10 hours on the course) This course is beneficial because inexperience is one of the most common causes of motorcycle accidents. The tools and knowledge shared in this course will help combat the inexperience many young riders face.

These 15 hours can be applied to the total number of hours needed to obtain a motorcycle license and students can take their motorcycle license test and the conclusion of the training if all other requirements are completed at that time.

For more information about this training program you can go to www.pamsp.com.

If you or a loved one are ever injured in a motorcycle accident our Pennsylvania motorcycle accident attorneys can help. Visit our motorcycle accident pages for more information or call 1-800-444-5309.

Why Hire Our Pennsylvania Motorcycle Accident Attorneys?

Attorney Michael Pisanchyn's Harley Softail Springer

With Spring here and Summer just around the corner we are about to see an increasing number of motorcyclists on the roads, ourselves included! Unfortunately the nice weather and increasing motorcyclists also means we will be seeing and hearing about motorcycle accidents.

Motorcycle accidents are not the same as passenger vehicle accidents. For starters, motorcycle accidents usually cause much more serious, even catastrophic injuries than most passenger vehicle accidents. As a result the accumulation of medical expense and long-term care expenses are very high, making the need for compensation imperative for the victim to get better and stay healthy.

Motorcyclists also face a hurdle in the legal system due to an unfair bias placed against them. We've discussed this bias numerous times. A few irresponsible and reckless motorcyclists give all of us a bad rap. Overcoming this bias and proving that an accident was not your fault is difficult, especially if the case is taken to trial.

These are just a couple differences between motorcycle accidents and passenger vehicle accidents. Just as the type of accident differs, so should the attorney who handles these cases. Our firm is fortunate enough to have attorneys well versed and experienced in passenger vehicle accidents, commercial vehicle accidents, and motorcycle accidents.

Hiring an attorney for your motorcycle accident is a difficult choice, but the first thing you should look for is an attorney who knows the difference between the different types of accidents and how to handle them each respectively. Our motorcycle accident attorneys know and understand that overcoming the bias placed against motorcyclists will be one of the more difficult parts of the case and we know how to do this. We understand that this bias is false, and that most motorcyclists are just as good, if not better, drivers as those in normal passenger vehicles.

We've helped numerous motorcycle accident victims get the compensation they deserve and we can help you too.

If you were injured in a motorcycle accident, you should be focusing on one thing – getting better. Aside from our free consultations, no win no fee representation, and 24/7 on-call assistance, our Pennsylvania motorcycle accident attorneys will be on your side every step of the way and will take the worries and stress off your hands. From the moment you hire us to get your compensation we will:

• send investigators to the scene of the accident.
• have experts reconstruct the accident when needed.
• gather evidence to support your motorcycle case.
• most importantly, fight the insurance companies that don’t have your best interest in mind.

Please, call our Pennsylvania motorcycle lawyers toll free at 1-800-444-5309 for a free consultation, or you can email our attorneys directly. Enjoy the weather, your bike, and stay safe!