James Donohue and Marcy Rosenblat v. Wheeler Trucking, Inc.

Pittsburgh, Pennsylvania personal injury truck wreck lawyer represented the Plaintiffs who sued the Defendant on an auto negligence theory.



Pennsylvania auto negligence law is based on the concept of modified comparative negligence, which means that an injured party can still recover damages even if they were partially at fault for the accident, as long as their negligence did not exceed 50%. The injured party's damages will be reduced by the percentage of fault they were found to have.



Elements of an Auto Negligence Claim in Pennsylvania



To succeed in an auto negligence claim in Pennsylvania, a plaintiff must prove the following elements:



Duty of care: The defendant owed a duty of care to the plaintiff. This means that the defendant had a legal obligation to drive safely and avoid causing harm to others.



Breach of duty: The defendant breached the duty of care by failing to drive safely and avoid causing harm to others. This means that the defendant's actions or omissions fell below the standard of care that a reasonably prudent driver would have exercised in similar circumstances.



Causation: The breach of duty was the proximate cause of the plaintiff's injury. This means that the plaintiff's injury would not have occurred but for the defendant's negligence.



Damages: The plaintiff suffered damages as a result of the injury. This means that the plaintiff incurred medical expenses, lost wages, pain and suffering, or other damages as a result of the injury.



Modified Comparative Negligence in Pennsylvania



Pennsylvania follows a modified comparative negligence law, which means that a plaintiff's damages will be reduced by the percentage of fault they were found to have. For example, if a plaintiff was found to be 30% at fault for an accident, their damages would be reduced by 30%. However, a plaintiff will not be barred from recovering damages if the plaintiff was less than 50% at fault for the accident.



Statute of Limitations for Auto Negligence Claims in Pennsylvania



The statute of limitations for auto negligence claims in Pennsylvania is generally two years from the date of the accident. However, there are some exceptions to this rule. For example, if the plaintiff was a minor at the time of the accident, the statute of limitations may be tolled until the plaintiff reaches the age of majority.



Consulting with an Auto Negligence Attorney in Pennsylvania



If you have been injured in an auto accident in Pennsylvania, it is important to consult with an experienced auto negligence attorney as soon as possible. An attorney can assess your case, advise you of your legal options, and help you file an auto negligence claim.

11/22/2023 7 NOTICE of Voluntary Dismissal by JAMES DONOHUE, MARCY ROSENBLAT (Wong, Jeff) (Entered: 11/22/2023)

11/22/2023 8 ORDER OF COURT. Upon review of 7 Notice of Voluntary Dismissal, the Clerk of Court is directed to mark this CASE CLOSED. Signed by Judge William S. Stickman on 11/22/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 11/22/2023)