Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Archives for December 2018

Black Box/Event Data Recorder – Is Your Car Spying on you?

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Car Accident Lawyer Tim Rayne

Is your car spying on you?  Yes.  As you drive down the road whether you know it or not, it is likely that there is a little Black Box called an Event Data Recorder that is watching you while you drive and is  ready to save data that can be retrieved after a crash to help reconstruct the accident.

Event Data Recorder

Event Data Recorders (EDR’s) have been widely deployed in new vehicles for over a decade and have been mandatory for passenger vehicles since 2012.  So, a majority of the cars on the road nowadays have them.

EDR’s are similar to Flight Data Recorders in airplanes.  Unlike the Black Box in an airplane, EDR’s in cars and trucks typically don’t record audio of what is happening in the vehicle.  Instead, EDR’s record various data points regarding the operation of the vehicle in the time period just before the Event/Crash.  Captured data includes speed, acceleration, braking, seat belt usage and airbag deployment.

Experts Download EDR Data

Having the information from the EDR can be helpful to lawyers in Car and Truck Accident cases, so experts are often hired after serious accidents to download and preserve the data for use in the insurance claim process or in Court.

Recently, I had a  case where the driver of a car lost control, left the roadway and crashed.  I represented the passenger who was seriously injured.

In that case the driver denied that he was at fault saying that his airbag improperly deployed Beore the crash rather than at the point of impact.  In order to investigate his defense, we hired an expert to retrieve the data from the EDR.  The EDR kept data regarding the timing of airbag deployment and disproved his claim.  The EDR confirmed that the airbag deployed properly just milliseconds After the crash.

Black Box/Event Data Recorder technology can be very useful in reconstructing what happened in car accidents and will become very common evidence used in Court by lawyers in serious Car and Truck Accident cases.

Car Accident Lawyer Tim Rayne

Tim Rayne is a Car Accident Lawyer with the Pennsylvania Law Firm MacElree Harvey.  Tim has law offices in Kennett Square and West Chester Pennsylvania.  For over 20 years, Tim has been helping injured Car Accident victims receive fair treatment from insurance companies.  Contact Tim for a Free Consultation at 6108400124 or tryane@macelree.com.

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Nightclub Hit for $25 Million Verdict in Death of Professional Football Player

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A $25 Million verdict resulted after four hours of deliberation in the Texas civil dramshop lawsuit arising out of the death of Dallas Cowboys professional football player Jerry Brown.

Although this case was litigated in Texas, a similar result could have been reached had Pennsylvania Dram Shop Law been applied which holds bars and nightclubs responsible for injuries and deaths resulting from serving alcohol to minors or visibly intoxicated patrons.

The Facts of the Jerry Brown Case

Jerry Brown and Josh Brent had been good friends ever since they were roommates while playing football at the University of Illinois.  In 2014, their wildest dreams had come true as they were both playing professional football for the Dallas Cowboys.

On the night of December 8, 2012, Brown and Brent were at the Dallas nightclub Beamers and were being treated to bottle service.  Brown, Brent and the others in the group enjoyed three bottles of champagne as well as other drinks.

The two left the bar with Brent driving.  As Brent was speeding on the highway, he lost control, hit a curb, the car flipped and Brown was killed.  Brown’s Blood Alcohol Content was .056 which was below the legal limit, but Brent’s was .18 percent, over twice the legal limit.

Criminal Charges for Brent

Brent faced criminal charges for his drunk driving but, mainly due to a plea for leniency by Brown’s mother, Brent was sentenced to probation.

Civil Claims Against the Nightclub

Brown’s family filed a civil lawsuit against Beamers nightclub alleging that it improperly served Brent alcohol which led to the crash and Brown’s death.  The family attorney explained that the nightclub chose to serve its celebrity guests because they were buying expensive bottles and running up a large tab, while not considering what might happen when Brent got behind the wheel.

Ultimately the Jury found Brent and the nightclub each to be 48% responsible and also found that Brown himself was 4% responsible for the accident.  The Jury awarded the family $25 million.

Pennsylvania’s Dram Shop Law

Pennsylvania has a Dram Shop Law similar to the Texas law applied in the Brown case which holds bars and nightclubs responsible for injuries or deaths resulting from their improper service of minors or “visibly intoxicated” patrons.

In order for the bar to be liable two elements must be proven:  1- that the bar violated the Liquor Law by serving a minor or someone who was “visibly intoxicated”; and 2- that the violation caused the injuries and damages.

Legal claims for violation of the Pennsylvania Dram Shop Law occur after Bar Fights, Car Accidents or Pedestrian Accidents.  The cases are often very contentious because sometimes they involve the intoxicated person being injured or killed which allows the bar to assert the defense that it was the victim’s voluntarily act of drinking to excess, rather than the bar’s act of serving the individual, that caused the injury.

Cases like Brown’s tend to be more successful when there was another person involved who was over-served and caused the accident, although in those cases, the bar can still blame the over-served person or the victim to try to escape liability.

In the Brown case, the defense tried that tactic and the result was that liability was divided 48% to the nightclub and Brent and just 4% to Brown.

Tim Rayne is a Car Accident and Personal Injury Lawyer with MacElree Harvey.  For over 20 years, Tim has been helping injured victims of accidents understand their legal rights and receive fair compensation from insurance companies.  Tim has offices in Kennett Square and West Chester Pennsylvania.  Contact Tim at 6108400124 or trayne@macelree.com.  

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Five Tips to Avoid Liability for Winter Slip and Fall Accidents

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As a Personal Injury Lawyer I help many clients deal with insurance companies after being injured in Slip and Fall accidents on snow and ice.  Slip and Falls can result from just bad luck or from Negligence of the property owner or a tenant.

Here are some thoughts on how avoid Wintertime liability for Slip and Fall Injuries altogether or manage the risk effectively.

1- Clearly Define Who is Responsible

In Landlord/Tenant situations, it should be clearly spelled out in the Lease who is responsible for plowing and shoveling snow and ice as well as treating patches that melt and refreeze.  The Lease should also define responsibilities in the event that a lawsuit occurs and require that adequate insurance be purchased ahead of time.

In situations where a business or home has frontage on a public sidewalk, research should be done concerning whether the property owner or municipality is responsible for clearing and treating the sidewalk.

2- Promptly Clear Snow and Treat Ice

Pennsylvania has a favorable “Hills and Ridges Rule” that protects property owners and tenants from liability for slip and falls during or shortly after storms.  The Rule recognizes that it is unreasonable to demand that a property be kept entirely free of ice and snow at all times, especially during storms.

The Hills and Ridges Rule says that property owners have a reasonable amount of time to plow, shovel and salt after a storm and cannot be held liable unless they “allow the snow to accumulate in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians.”

So, to avoid liability, clear ice and snow within a reasonable time after the storm.

Sidewalk with Hills and Ridges of Ice and Snow

3-  Don’t Forget to Treat Ice Patches

After the initial plowing and shoveling, it’s common to have melting and refreezing, which can create dangerous ice patches.  The Hills and Ridges Rule does NOT protect property owners or tenants from ice caused by melting and refreezing.

To minimize the danger, think about where and how you will pile the snow.  Remember that gravity will cause the melting piles to flow downhill.  Be sure to establish a schedule for salting ice patches and keep records of those activities to have proof that you made a reasonable effort to keep the property safe.

4-  Inspect and Maintain Gutters and Downspouts

Ice patches often come from defectively designed or maintained gutters and downspouts which discharge melting snow and ice onto sidewalks or parking lots where they refreeze.  Again, the Hills and Ridges Rule will not protect you if this happens, so make sure you inspect, repair and maintain your gutters and downspouts.

5-  Properly Insure Your Wintertime Risk

Make sure that you have adequate liability insurance limits in order to insure against Slip and Fall accidents.  Unfortunately, Slip and Falls can result in very serious injuries including head injuries, broken bones (hip and wrist are most common) and neck and back injuries.  It’s prudent to carry at least $1 Million or more of liability coverage to provide financial protection if an accident occurs and you get sued.

Tim Rayne is a Personal Injury Lawyer with MacElree Harvey, Ltd.  For over 20 years, Tim has been helping injured victims of Slip and Fall Accidents understand their legal rights and receive fair treatment from insurance companies.  Tim has offices in Kennett Square and West Chester, Pennsylvania and can be reached at 6108400124 or trayne@macelree.com.  

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