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Date: 12-15-2023
Case Style:
Case Number: 2:23-cv-04215
Judge: Mia Roberts Perez
Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)
Plaintiff's Attorney:
Defendant's Attorney: John Grant Stringham and Christopher J. Sulock
Description: Philadelphia, Pennsylvania personal injury car wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered less than $75,000 in damages and/or injuries as a direct result on the negligence operation of a motor vehicle.
Plaintiff sought remand to the Court of Common Pleas, Montgomery County, Pennsylvania.
"Pennsylvania auto negligence law operates under a modified comparative negligence system, which means that both parties involved in an accident can be partially responsible for the damages. Here are some key points to understand:
Duty of Care:
Every driver has a legal duty to act with reasonable care towards other drivers, passengers, and pedestrians. This includes obeying traffic laws, maintaining a safe speed, and being alert and avoiding distractions.
Breach of Duty:
A driver breaches their duty of care when they behave in a negligent manner, such as:
Speeding
Distracted driving
Driving under the influence
Ignoring traffic signals or signs
Following too closely
Reckless driving
Causation:
The driver's breach of duty must have directly caused the accident and resulting injuries. There must be a clear link between the negligence and the harm suffered.
Damages:
If negligence and causation are proven, the injured party can recover damages for:
Medical expenses
Lost wages or income
Pain and suffering
Emotional distress
Property damage
Modified Comparative Negligence:
Unlike a pure comparative negligence system, Pennsylvania allows the injured party to recover damages even if they contributed to the accident, as long as their negligence is less than 51%. This means that if you are found to be 40% at fault for the accident, you can still recover 60% of your damages from the other driver.
However, if your negligence exceeds 51%, you are barred from recovering any damages from the other driver.
Other Important Points:
Pennsylvania also has a limited tort option that allows drivers to choose lower insurance premiums in exchange for limiting their ability to recover non-economic damages like pain and suffering.
There are specific laws governing accidents involving motorcycles, bicycles, and pedestrians.
It's always advisable to consult with a qualified legal professional if you have been involved in a car accident, even if the injuries seem minor. They can help you navigate the legal process and fight for the compensation you deserve.
Additional Resources:
Pennsylvania Department of Transportation: https://www.penndot.gov/: https://www.penndot.gov/
Pennsylvania Bar Association: https://www.pabar.org/: https://www.pabar.org/
FindLaw - Pennsylvania Auto Negligence Laws: https://www.findlaw.com/state/pennsylvania-law/pennsylvania-negligence-laws.html: https://www.findlaw.com/state/pennsylvania-law/pennsylvania-negligence-laws.html"
Google Bard
Outcome: 12/15/2023 16 Minute Entry for proceedings held before HONORABLE MIA ROBERTS PEREZ Status Conference held on 12/15/23. (rf, ) (Entered: 12/15/2023)
12/15/2023 17 ORDER THAT CASE BE REMANDED TO MONTGOMERY COUNTY COURT OF COMMON PLEAS. SIGNED BY HONORABLE MIA ROBERTS PEREZ ON 12/15/23. 12/15/23 ENTERED AND COPIES E-MAILED. *EMAILED TO MONTGOMERY COUNTY COURT OF COMMON PLEAS*(rf, ) (Entered: 12/15/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: