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Posts tagged "wrongful death"

Bar and driver's estate sued after fatal DUI accident

The parents of a 30-year-old man killed in a fatal DUI accident last summer have filed a wrongful death suit against both the driver's estate as well as Barnaby's, the bar that served that driver alcohol. Their son was the passenger in a car driven by Ryan Dunn, known from the Jackass movie and TV show. According to the article in The Philadelphia Inquirer, Dunn's blood alcohol level was more than twice the legal limit when he crashed his Porsche in West Goshen Township, PA. He was also killed in the accident.

The article said that the victim's family is seeking unspecified punitive and compensatory damages. Both Dunn and the victim were at Barnaby's Tavern in West Chester, PA prior to the crash.The suit alleges that the bar was responsible under Pennsylvania law to refuse to serve obviously drunk patrons and that Dunn was "obviously intoxicated."

If a drunk driver caused an accident that killed your family member, you may have a claim for compensation against that driver. You may also have a dram shop claim against a bar or restaurant that served alcohol to that driver if he was obviously intoxicated before leaving the bar. Under Pennsylvania dram shop law, families can file a claim against restaurant or bar owners if a server was found liable for overserving that driver.

If you were seriously injured in a drunk driving accident in Pennsylvania, contact an attorney with a great deal of knowledge in the area of dram shop law. Marciano & MacAvoy, P.C. have a track record of success in this area. Call us today to schedule a free consultation.

Source: The Philadelphia Inquirer, Parents sue over fatal 'Jackass' car crash, August 9, 2012

Alcohol a possible factor in fatal accident

Alcohol-related crashes are about 4.5 times more likely to result in death than those not related to alcohol. Alcohol may have been a factor in a recent fatal crash between an Acura sedan and a SEPTA bus that occurred on August 14, 2012. The accident left a 58-year-old passenger in the car dead and 10 people on the bus injured. Although police are still investigating what caused the accident, they believe alcohol may have led to the crash.

According to the article on Philly.com, the car was northbound on Old York Road in Philadelphia when it suddenly swerved into the southbound lane and hit the Route 55 SEPTA bus head on.

Every year in Pennsylvania about 35% of all traffic fatalities involve alcohol. Families who lose loved ones in drunk driving accidents are not only grieving the loss of a loved one, but facing a financial burden as well. A wrongful death claim against a drunk driver can provide compensation for medical expenses, funeral expenses, loss of wages, and other costs related to the accident. Although no amount of money can take away the pain of a sudden loss, it can help a family who is dealing with the financial aftermath of an accident.

If you have recently lost a loved one in a drunk driving accident, it is important to have an experienced wrongful death attorney on your side. Marciano & MacAvoy, P.C. have helped many next of kin after the deaths of their loved ones. Call today to schedule a free consultation.

Source: Philly.com, Woman killed in car crash with bus identified, August 14, 2012

PA man pleads guilty in fatal bicycle accident

Last month, a 23-year-old man from Bucks County, PA pleaded guilty to homicide by vehicle in connection with a fatal bicycle accident that killed a 49-year-old man this past November in Philadelphia, PA. According to The Philadelphia Inquirer, the accident occurred on November 18, 2011 when the driver struck the bicyclist head on and hit four parked cars. He had been arrested earlier that evening for another crash that happened on I-95.

The article said that the driver was a heroin addict and was under the influence of that drug prior to the crash. Heroin is an opioid and slows down the activity of the brain and other parts of the central nervous system. Opioids can have the following effects on driving ability: slow reaction time, taking longer to respond to events or situations, reduced coordination, reduced ability to think clearly, changes to visual acuity, drowsiness, nausea, and vomiting.

DUI usually refers to alcohol intoxication, but driving under the influence of prescription medications and illegal drugs can also lead to DUI charges. In Pennsylvania it is illegal to operate a motor vehicle with any detectable amount of certain drugs in your system.

In addition to his criminal charges, this driver could also be held civilly liable for the bicyclist's wrongful death. A wrongful death claim could help his family recover damages to help pay for medical bills, funeral costs, lost wages, and any other costs related to the fatal accident.

If you have recently lost a loved one in a fatal accident, contact a wrongful death attorney who has the knowledge, skills, and experience necessary to help you and your family cope with the financial aspects of the accident. The attorneys at Marciano & MacAvoy, P.C. have helped many families recover compensation after the deaths of loved ones. Call today for a free consultation.

Source: The Philadelphia Inquirer, Bucks man pleads guilty in accident that killed bicyclist, July 13, 2012

Related Source: Drugs and Human Performance Fact Sheets

Pennsylvania company sued for wrongful death of patient

When creating new products or services, businesses must adhere to strict health and safety guidelines. This is especially true for new medical procedures, which require that participants are advised of the risks of any and all trial test procedures and give their informed consent to participate within the trial or study. One company in Pennsylvania is alleged to have misled a participant about the risks associated with the spinal injection of an experimental bone cement. This resulted in the woman's family suing the company for her wrongful death.

The company, Synthes, is currently owned by Johnson & Johnson and specializes in creating and manufacturing tools and implants for treating damaged bones. Shortly after a surgeon injected the company's Norian SRS drug mixed with barium sulfate into the woman's spine, the mixture allegedly leaked into the woman's venous system. This caused cardiac arrest, which led to her death.

Widow of officer killed in crash files wrongful death suit

The widow of a Philadelphia police officer killed in a wrong-way crash on July 8 filed a lawsuit against both the driver and the T.G.I. Friday's restaurant in Bensalem, PA that served him alcohol prior to the crash. Her husband, a Philadelphia police officer, was returning home after his shift when he was hit by a drunk driver heading the wrong way on Interstate 95. She is seeking compensation for lost monetary support as well as funeral and burial expenses, administrative expenses, medical expenses, and pecuniary losses.

According to the article in The Delaware County Daily Times, the restaurant served the driver at least six alcoholic beverages before the crash and his blood-alcohol content was more than twice the legal limit. He was charged with third-degree murder, homicide by vehicle while driving under the influence, aggravated assault while driving under the influence, driving under the influence, and involuntary manslaughter.

The lawsuit claims that T.G.I. Fridays violated the law and its state liquor license by serving a visibly intoxicated patron. We have previously reported about "dram shop laws." If a person loses a family member in a fatal car or truck accident caused by a drunk driver, they can make a claim against a bar or restaurant that served alcohol to that driver if he or she was obviously intoxicated before getting in a car and entering traffic. Dram shop claims belong in the hands of experienced attorneys.

Marciano & MacAvoy, P.C. have extensive experience in this area and have developed strong dram shop cases for our clients who have been injured by drunk drivers. If you have lost a loved one in a drunk driving accident in Pennsylvania, contact us today to discuss your case. We offer a free consultation.

Source: The Delaware County Daily Times, Widow of Philly officer killed in wrong-way crash sues driver, restaurant where he was drinking, August 3, 2012

Man dies in 7-vehicle Pennsylvania pileup: Wrongful death?

Crashes involving multiple vehicles can have deadly consequences. The more vehicles and people involved in an accident, the more of a chance a wrongful death may occur. This may have been what happened recently in a seven-car pileup on a Pennsylvania highway. The tragic accident resulted in the death of a 56-year-old man.

A tractor-trailer collided with a car around 1:50 p.m., causing a chain reaction motor vehicle accident. The victim was reportedly driving a Lexus convertible on Interstate 81 in Susquehanna County. He is survived by his wife and four children.

Wrongful death suit filed after death of Pennsylvania worker

Companies which regularly operate large and heavy machinery in their daily business and do not have all of the proper safety systems in place in order to avoid unfortunate accidents could leave themselves vulnerable to litigation. This is what occurred with a natural gas drilling company in Pennsylvania. In 2010, a worker was killed in a work accident, which resulted in his daughter filing a wrongful death lawsuit.

The worker's daughter filed the lawsuit on April 23 on behalf of the decedent's estate. The complaint claims that Cabot Oil and Gas was negligent due to having insufficient safety systems, employee training and protection on-site for their workers. The incident occurred on May 10, 2010 when the worker was struck in the head by a steel pipe casing. The worker was on an elevated well-pad owned by the company when the accident occurred.

Driver was drinking at TGI Fridays prior to fatal accident

We previously reported about the driver who killed a Philadelphia police officer while driving under the influence on Sunday, July 8. Although many drunk drivers do get drunk on their own, often times they have been drinking at a bar or restaurant prior to getting in their car. On July 10, it was reported by the Philadelphia Daily News that he was drinking beer and vodka at a T.G.I. Friday's restaurant before the accident that occurred around 3:15 a.m. on I-95.

According to the article, he was at the T.G.I. Friday's on Street Road in Bensalem, PA. He consumed four beers and two vodka drinks. He reportedly paid his bill there at 1:16 a.m. and they do not know where he was between that time and the crash.

If the bartender at TGIFs served the driver and he was obviously intoxicated, he or she and the restaurant could be held liable for the death that he caused. In addition to a claim for compensation against that driver, the family of the police officer could also have a dram shop claim against TGI Fridays.

Dram shop laws allow someone who lost a family member in a fatal accident caused by a drunk driver to make a claim against alcohol servers. Because dram shop cases can be complicated, they should be handled by an experienced attorney. Marciano & MacAvoy, P.C. have extensive experience with dram shop law and can develop strong cases for their clients. Contact us today if you would like to discuss the possibility of a dram shop case.

Source: The Philadelphia Daily News, Cops:Drunk driver who killed cop was at TGI Fridays, July 10, 2012

Driver who killed police officer charged with DUI

On July 8, a decorated 48-year-old Philadelphia police officer was killed in a tragic motorcycle accident when he was heading home after his shift. The Philadelphia Inquirer reported that he was traveling on I-95 when he was hit by a car that was going the wrong way. The driver of that car has been charged with drunken driving and homicide by vehicle.

The victim served in the 25th police district for 8 years and then served 15 years in the highway patrol unit. According to the article, it is common for police officers to ride their motorcycles home after working their shift.

Over the past several years, alcohol-related deaths represented 35% of the total traffic deaths in Pennsylvania. Despite aggressive efforts across the state to prevent drinking and driving, it remains a top safety issue. Every day in PA, at least one person is killed in an alcohol-related motor vehicle accident.

What makes a fatal alcohol-related car accident so tragic is that it could have been prevented. The driver will be facing criminal charges, but the family may also want to pursue a wrongful death suit. The family can recover damages from the fatal accident to be compensated for pain and suffering, lost wages, and funeral costs and more.

If you have recently lost a loved one in an accident caused by a drunk driver, please consider contacting an experienced Pennsylvania auto accident attorney who can help you obtain financial compensation. Marciano & MacAoy, P.C. are a proven effective source of information and help and welcome your inquiry.

Source: The Philadelphia Inquirer, Drunken driving alleged in crash that killed officer, July 8, 2012

Three children killed after NY Yacht capsizes

An outing on a yacht to watch Fourth of July fireworks ended in tragedy when the yacht capsized with 27 people aboard. Three children died after becoming trapped in the cabin of the 34-foot vessel on the north shore of Long Island, NY. According to the Associated Press article on Philly.com, safety experts said that the boat was severely overcrowded and likely to tip over.

The person who was at the helm of the boat told a Long Island news station that he saw two lightning bolts and then a wave suddenly hit.

The article said that the cause of the accident is under investigation but was most likely due to weather, overcrowding, and/ or the wake from another vessel. Most boats have a manufacturer's plate that lists capacity by number of adults and by total weight and most suggest a maximum of 15 passengers.

The families of the victims would be well advised to consult with a wrongful death attorney who can investigate if there was any negligence on the part of the boat owner or captain. The families must deal with numerous losses and expenses including medical bills, funeral costs, and burial expenses. Financial resources can bring a sense of closure to the accident and help a family cope with the financial aspects of an accidental death.

Marciano & MacAvoy, P.C. are experienced wrongful death attorneys who can help determine whether another party was negligent and prepare a compelling case for your compensation. If you have lost a loved one in a fatal accident in Pennsylvania, contact them today to schedule a free consultation.

Source: Philly.com, Boating experts say NY yacht overcrowded; 3 dead, July 6, 2012

Driver sentenced in fatal Montgomery County crash

A 20-year-old man pleaded guilty in mid June to charges resulting from a drunk driving accident. The incident led to the wrongful death of two of the driver's friends, both 19 years old, who were passengers in the car he was driving. The driver and four others were returning from a party when the car swerved off the road. The car was traveling approximately 100 miles per hour on a road in Montgomery County. The two deceased men and the driver graduated from the same high school in 2010.

The three surviving occupants, including the driver, suffered minor injuries and were transported to Abington Memorial Hospital after authorities arrived on the scene. The driver's blood-alcohol content (BAC) was reported at .117 percent, which is well above the state's legal limit of 0.08 percent. The group had been together at a party, where the underage driver presumably consumed the alcohol resulting in his elevated BAC.

Safety is an issue at monster truck shows

Earlier this month, The Monster Jam Path of Destruction was held at Lincoln Financial Field in South Philadelphia and the U.S. Hot Rod Association's Monster Trucks are coming to the Delaware State Fair Grounds in July. It's important to note that, although rare, fatal accidents do occur to spectators at these events. In the past few years, accidents at Monster Truck shows have resulted in tragic consequences.

According to CNN.com, two fatal monster truck show accidents occurred in January 2009 within two weeks of each other. A 6-year-old boy was killed by flying chunks of metal while watching a monster truck rally at the Tacoma Dome in Washington State. The article said the accident happened when an apparent mechanical malfunction in the truck's drivetrain caused metal fragments to fly out into the crowd. That same month, a promoter was killed after a monster truck ran over him in Madison, Wisconsin. The family of the boy who was killed settled a wrongful death lawsuit with the show's promoter.

 If you are planning on attending a monster truck show with your family this summer, be sure to take precautions to protect yourself. When you reserve your seats, try to sit higher in the stands in case a monster truck loses control and drives up into the grandstands. Keep your distance if you are at a parade or other outdoor event where a monster truck is planning on jumping cars.

Promoters of Monster Truck shows should have a strong safety program in place to ensure the safety of the spectators. If their negligence caused someone to be injured or killed at one of their events, they could be held legally responsible.

Pat MacAvoy and Kevin Marciano are representing a woman who was recently injured at a Monster Truck show as a result of debris flying off a truck that had crashed. The attorneys at Marciano & MacAvoy, P.C. have achieved large settlements and verdicts on behalf of numerous injury victims. If you have been injured due to someone else's negligence, please contact the law firm to schedule a free initial consultation.

Source: CNN.com

Related source: KOMOnews.com

20-year-old driver pleads guilty in fatal DUI accident

Speed and alcohol were a deadly mix in August 2011 when a 20-year-old Temple student crashed his car in Horsham, PA, taking the lives of two of his friends. According to The Philadelphia Daily News, the 20-year-old driver had a blood alcohol level of .117 and was driving his Honda 100 mph when it went off the road. The car accident killed two of his friends, both 19 years old. Two other passengers in his car suffered minor injuries. He pleaded guilty this week to homicide by vehicle while driving under the influence and will serve four to eight years in prison.

We have previously reported about the concerning high number of alcohol-related deaths involving drivers who under 21 in Pennsylvania. Out of the 313 drinking drivers killed in 2010, 31% were under the age of 21. About 80 passengers in a car with a drinking driver were killed that year.

In addition to being held criminally responsible, the driver here could also be held civilly responsible. Although money may be the last thing a family is thinking about after an accidental death of a loved one, financial compensation may be critical for a family. Money cannot bring back a loved one, but financial resources can bring a sense of closure to the accident and help families cope with the financial burden of the loss of a loved one.

Marciano & MacAvoy, P.C. are experienced attorneys who have helped many families seek compensation after the deaths of loved ones. If you have lost a loved one in a fatal accident in Pennsylvania, contact us today at 484-685-3051 or 866-708-5224 (toll free) for a free consultation.

Source: The Daily News, Horsham man pleads guilty to killing two friends in high speed DUI , June 13, 2012

Related Source: Pennsylvania Department of Transportation

Utility company's safety violations led to explosion

Last year, a gas explosion in Allentown, PA took the lives of five people. On February 9, 2011 a gas leak from a crack in a cast-iron gas distribution line caused the explosion. This week, the Public Utility Commission (PUC) investigators reported that UGI Utilities had multiple safety violations and "lax approach" to replacing hundreds of miles of old cast-iron and bare steel distribution lines, causing the fatal gas explosion.

According to an article in The Morning Call, the PUC's investigation took 16 months and found that UGI failed to ensure adequate levels of an odorant that is a warning sign for leaks, they failed to notice the aging pipes, and they failed to survey lines in the area and deficiencies in its emergency response.

Friends of two of the victims told The Morning Call that UGI needs to recognize that their failure to properly manage gas line safety cost five people their lives and that they need to take steps to prevent future explosions. Relatives of some of the victims have filed a wrongful death lawsuit against UGI. Another family settled with UGI last year.

If you are seeking answers after your loved one's accidental death, contact the Pennsylvania wrongful death attorneys at Marciano & MacAvoy, P.C. We have the knowledge, skills and experience necessary to help you and your family cope with the financial aspects of a fatal accident. Financial compensation can be critical for a family who must deal with numerous losses and expenses. Call today at 484-685-3051 or 866-708-5224 (toll free).

Source: The Morning Call, UGI cited over safety violations in Allentown gas explosion, June 11, 2012

Driver fatigue led to fatal bus accident

We have previously reported about the number of bus accidents that are caused by driver fatigue. This week, the National Transportation Safety Board (NTSB) confirmed that driver fatigue was the cause of a tragic fatal bus accident last March. Fifteen people were killed and 17 injured on March 12, 2011 when the bus ran off the road and crashed in New York City. According to the Associated Press article on Philly.com, the driver had almost no sleep in the 3 days that led up to the crash. The bus was traveling 78 mph on I-95 and speed and fatigue became a deadly combination.

Some of the major consequences of drivers being behind the wheel for too many hours include falling asleep while driving, poor alertness and response time, and drug and alcohol abuse in order to cope with work demands.

The Chairman of the NTSB said that driver fatigue was a factor in 7 of the last 19 motor coach accidents that they investigated. Bus companies are required to follow safety laws regulating hours of service. The accidents led to the board investigating the bus companies and closing some down due to violations.

If you were injured in a bus accident or lost a loved one in a fatal bus crash, contact an experienced motor vehicle accident attorney as soon as possible. Marciano & MacAvoy, P.C. provide knowledgeable counsel and representation to people injured in any type of motor vehicle accident and can help you pursue the results you deserve. To schedule a free consultation call 866-708-5224 today.

Source: Philly.com, NTSB: Fatigued driver caused deadly NY bus crash, June 5, 2012

One killed and five injured in Ben Franklin Bridge car accident

A 60-year-old man died and five people were injured in a car accident when a car struck a disabled van on the Ben Franklin Bridge. According to Philly.com, a 19-year-old man driving a Mazda while intoxicated struck the disabled vehicle at about 6:30 PM on June 2. The article said that the van was on the New Jersey side of the bridge, facing west in the second lane from the right when it was hit.

The deceased suffered a heart attack and died at the scene. The injured victims were taken to a nearby hospital.

The driver, whose blood-alcohol level was .08, is expected to be charged with driving under the influence. What is also concerning is that he was not of legal drinking age. This has been a particular concern in Pennsylvania as 31% of the driver deaths in the 16-21 age group in 2010 were drinking drivers. According to the Pennsylvania Department of Transportation, there were 459 alcohol-related deaths that year.

The driver who hit the disabled van can be held financially responsible for his negligent actions. The victim's family would be well advised to seek the advice of a wrongful death attorney who can protect their rights. Financial compensation can be critical for a family who is dealing with numerous losses and expenses. Marciano & MacAvoy, P.C. are wrongful death attorneys who have the knowledge and experience to help you with the financial aspects of a fatal accident.

If you have lost a loved one in a fatal accident in Pennsylvania, we can help determine whether another party was negligent and prepare your case. Please call today!

Source: Philly.com, One dead in crash on Ben Franklin Brigde, June 2, 2012

Related Source: Pennsylvania Department of Transportation

Driver caught fleeing fatal Pennsylvania accident: wrongful death?

A man was arrested on Monday, May 21 in connection with a one-car accident in Pottstown just outside of Philadelphia. The 27-year-old male was identified as the driver of the vehicle that crashed killing two passengers and injuring another. He was arrested while allegedly trying to flee the area. According to investigators the one-car accident involved the accused man, a 28-year-old male passenger, a 15-year-old female passenger, a 16-year-old female passenger and another man who also fled the scene and was later identified as the driver's brother. The man arrested has been charged with a series of offenses relating to the crash, in addition to driving on a suspended license due to a previous DUI conviction.

While it is still early in the investigation of what may have been a preventable accident, the families of the deceased victims are suffering. They likely want answers as they try to come to grips with what occurred and whether the driver negligently caused the wrongful death of their loved ones. They may also face financial damages as they attempt to deal with the situation.

PA man charged in fatal DUI accident

A 22-year-old Montgomery County, PA driver who killed his passenger in a fatal car accident in April was charged this week with homicide while under the influence. According to the article on Philly.com, he was driving without a license when his car landed in the Perkiomen Creek in Douglass Township. The report said the passenger died of drowning. The driver, who had a blood alcohol level of .12, suffered injuries and hypothermia.

Every day, a person in Pennsylvania is killed in an alcohol-related crash. Despite Pennsylvania's aggressive efforts to deter drinking and driving, it continues to be a top safety issue. In 2010, there were 12,426 alcohol-related traffic accidents with 459 deaths. About 50% of the driver deaths were drinking drivers between ages 21 and 25.

The victim's family would be well advised to consult with an experienced car accident attorney who can do a prompt investigation into the causes of the accident and prove liability. Because the driver was under the influence of alcohol, he could also be held financially responsible for the death of his passenger.

If your loved one was in a fatal car accident, Marciano & MacAvoy, P.C. are a proven effective source of information and help. We have helped many next of kin recover compensation after the deaths of loved ones. Financial resources can bring a sense of closure to the accident and help a family cope with the financial realities of the loss of your loved one. Contact us today for a free consultation.

Source: Philly.com, Montco man charged in vehicle death, May 25, 2012

Pennsylvania wrongful death suit settled for $17 million

The Pennsylvania wrongful death trial concerning two foreign students killed when a barge guided by a K-Sea Transportation tugboat struck a Ride the Ducks tour boat was barely underway when the judge urged the parties to work out an agreement. A wrongful death settlement of $17 million was reached just days into the trial. The families of the two deceased students will split $15 million while 18 crash survivors will share $2 million.

According to Fox News, the tour boat was sitting idle in an active shipping lane of Philadelphia's Delaware River when the tug boat pushed the 250-foot barge into and over the 33-foot tour boat. Survivors were pulled from the water but the two students were killed. On the first day of the wrongful death trial, a video was shown of one of the deceased students throwing a life jacket to an overboard deckhand seconds before the crash.

Driver in fatal accident had previous DUI

Police arrested a driver who left the scene of a fatal car accident on May 21. Philly.com reported that the one-car accident left a 15-year-old girl and a 28-year-old man dead and one 16-year-old boy seriously injured. The driver has been charged with driving without a license and other offenses for being involved in an accident causing death and injury. The 16-year-old boy suffered head trauma and internal injuries and is in critical condition.

According to the report, the driver was speeding when he drove his car into a building and was under the influence of a drug known as "K2." His license was suspended for a DUI last year. He can be held criminally responsible for his actions as a hit and run charge is a serious offense. Not only is it irresponsible to leave the scene of the accident, but is illegal.

The families of the victims would be well advised to consult with an auto accident attorney so that this negligent driver can be held financially responsible for the fatalities and injuries he caused. The families may find financial relief by filing a wrongful death claim.

If you lost a loved one in a recent car accident, Marciano & MaAvoy, P.C. are a proven-effective source of information and help. They will do a prompt investigation to uncover the facts of the accident and determine liability. Our Pennsylvania injury attorneys offer free consultations. Call 866-708-5224 today.

Source: Philly.com, Driver arrested in 1-car crash that left 2 dead, 1 injured, May 22.

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