Car Accidents Blog Page 17 of 56

Pa. Supreme Court to Hear Arguments in Uninsured Motorist Stacking Coverage Lawsuit

Posted on behalf of Schmidt Kramer on November 06, 2020 in Car Accidents

Schmidt Kramer Partner Scott Cooper is representing the plaintiffs in a lawsuit that recently made it to Pennsylvania’s Supreme Court. The Pennsylvania Supreme Court ruled both sides can present arguments on whether the Superior Court made the right decision to deny stacked UIM coverage in Grix v. Progressive Specialty Insurance. The Superior Court, composed of […]

Why Do Drunk Driving Crash Victims Need a Personal Injury Lawyer?

Posted on behalf of Schmidt Kramer on October 23, 2020 in Car Accidents

Every year, drunk driving crashes kill thousands of people on our nation’s roads. Despite these alarming numbers, laws against drunk driving and the severe penalties for this reckless behavior, the crashes continue to happen. When we hear about these accidents, we often focus on what the punishment will be for the drunk driver. However, the […]

Is Compensation Available for Pedestrians Injured in a Car Crash?

Posted on behalf of Schmidt Kramer on October 07, 2020 in Car Accidents

Even though there was a decrease in pedestrian fatalities in Pennsylvania in 2019, there were still 154 deaths. Just one year prior, there was a 41 percent increase in pedestrian deaths in the first six months of the year, as compared to the first six months of 2017. Regardless of the numbers, drivers and pedestrians […]

Why Determining Liability for a U-Turn Crash Could be Complicated

Posted on behalf of Schmidt Kramer on September 15, 2020 in Car Accidents

A U-turn is essentially a left turn, which means it is a very dangerous traffic maneuver. A left turn is involved in nearly a quarter of all crashes, according to the National Highway Traffic Safety Association. Often, the driver making the U-turn is found to be at fault for the crash. He or she must […]

Can Vehicle Maintenance Become a Factor in a Car Crash Lawsuit?

Posted on behalf of Schmidt Kramer on August 10, 2020 in Car Accidents

There are many reasons why car crashes happen, from driver negligence to bad weather or poor road conditions. One factor that does not get as much attention is a lack of maintenance of one of the vehicles involved in the accident. For example, over or underinflated tires could blow out while a car is in […]

Pennsylvania Driving Tests Now Easier Than Ever, But At What Cost?

Posted on behalf of Schmidt Kramer on August 03, 2020 in Car Accidents

On June 2nd, the Pennsylvania Department of Transportation (PennDot) resumed driver’s skills tests with certain modifications after the department cancelled about 28,000 tests scheduled between mid-March and the end of May due to the COVID-19 pandemic. While these modifications are helping to decrease the backlog in testing availability, driving tests have also become easier. Many […]

New Report Shows Rate of Traffic Fatalities has Increased During the Pandemic

Posted on behalf of Schmidt Kramer on July 22, 2020 in Car Accidents

You may have thought the traffic fatality rate would have decreased in April and May due to stay-at-home orders and the closure of non-essential businesses throughout the county. However, despite there being much less traffic on roads throughout the nation, preliminary data from the National Safety Council (NSC) shows the motor vehicle traffic fatality rate […]

Percentage of Fatal Car Crashes Went Up During COVID-19 Lockdowns

Posted on behalf of Schmidt Kramer on July 01, 2020 in Car Accidents

Although the COVID-19 lockdowns caused a significant decrease in car accidents, the empty roads may have enticed many drivers to speed, resulting in deadlier crashes in many cities. According to an analysis performed by Reuters, the ratio of deadly accidents increased 292 percent in Chicago, 167 percent in New York City and 65 percent in […]

Is the Minimum Car Insurance Coverage Enough if You Are in an Accident?

Posted on behalf of Schmidt Kramer on June 29, 2020 in Car Accidents

Every state has different auto insurance laws and requirements regarding a driver’s financial responsibility for operating a motor vehicle. In Pennsylvania, all drivers must carry a certain amount of car insurance to protect them from being injured or hurting someone else in the event of an accident. However, many policyholders often wonder: how much coverage […]

Can You Obtain Compensation from Your Own Car Insurance Policy?

Posted on behalf of Schmidt Kramer on June 23, 2020 in Car Accidents

It is only natural to think the other driver who caused the crash should be financially responsible for your damages. In most states, that is the case. Pennsylvania is one of a handful of states that requires drivers to purchase personal injury protection coverage to pay for their medical bills, up to the limits they […]

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$10,043,952.13 Personal Injury
Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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$2,200,000.00 Auto Accidents
On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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$1,200,000.00 Personal Injury
A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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$1,024,040.80 Auto Accidents
Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.
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