Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Deadly 60 Plus Pile Up Accident on Pennsylvania Highway

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On Saturday February 13, 2016 a deadly 60 plus vehicle accident occurred on Pennsylvania Highway 78.  White out snow squall conditions led to near zero visibility and a pile up crash involving dozens of cars, trucks and tractor trailers.

According to officials, over 70 people were injured and there are also multiple fatalities caused by the traffic accident. The injured were transorted to multiple local hospitals.

These pile ups are all too common in harsh winter weather.  They underscore the importance of cautious driving especially during winter storms.  Snow and ice reduce visibility and stopping distances making winter highway travel treacherous in states like Pennsylvania.

Brandywine Polar Plunge on February 20, 2016

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As incoming President of the Longwood Rotary Club, Tim Rayne will be continuing the club’s tradition of taking the Polar Plunge into the Brandywine River as a participant in the Brandywine Red Clay Alliance 2016 Polar Plunge.

The event will be held at the Brandywine Picnic Partk on February 20, 2016 with registration 10 to 11, costume awards at 11:15 and the Plunge into the Brandywine River at 11:30.

Registration fees are $35 and $25 for students.  Participants are encouraged to form teams and raise money.

Proceeds benefit the Brandywine Red Clay Alliance which protects and conserves the natural resources of the Brandywine and Red Clay Valleys.  Since 2008, nearly 1,200 people have taken the Plunge and raised over $100,000.

It’s looks like it’ll be about 50 degrees at plunge time.  See you there!!!!

Can a Pennsylvania Car Accident Lawyer Represent Both a Driver and Passenger?

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Pennsylvania car accidents often involve multiple injured people, both drivers and passengers in a car.  In such cases, the issue can arise as to whether a single lawyer can represent both a driver and a passenger.  The answer is that sometimes it’s possible but other times there can be a conflict of interest that probibits dual representation.

Conflict of interest is a big no no for lawyers.  We have a duty of loyalty to our clients and can’t be involved in representing clients that have interests which are divergent.  In a car accident case, representing a driver and passenger for personal injuries can be problematic for two reasons.  First, the driver may have been partially responsible for causing the accident.  If so, then the passenger has a legal claim against the driver which creates a conflict of interest.  Second, even if the driver was not at fault and the other driver was completely responsible, if the other driver has limited insurance to compensate the injured parties, then a conflict of interest can arise because there will be a fight over limited funds in the case.

Representing a driver and passenger can be done when the driver was clearly not at fault (like with a rear end collision) and when there is plenty of insurance coverage.  In such a case, the driver and passenger need to be informed of the conflict of interest issue and can agree to waive the conflict and let the lawyer represent both of them.

In my Pennsylvania Car Accident practice, there have been many times that I have had to turn down representing both a driver and passenger, but there have also been cases in which I have represented whole families who have been injured in a car accident.

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For more information on Pennsylvania Car Accident or Conflict of Interest issues, contact Tim Rayne at trayne@macelree.com or 610 840 0124.  For over 20 years, Tim has been helping victims of car accidents in Pennsylvania receive fair treatment from insurance companies either through settlement or trial.  Tim has offices in Kennett Square and West Chester, Pennsylvania.  

What are the Pennsylvania Limited Tort Exceptions?

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When you purchase car insurance in Pennsylvania you have to choose Full Tort or Limited Tort. Full Tort costs more, but your full legal rights are protected if you are injured in a car accident caused by someone else. You can recover Economic Damages for Medical Bills, Lost Wages and Out-of-Pocket Expenses and Non-Economic Damages for Pain and Suffering and the negative impact on your life and activities. If you select Limited Tort, you save money on your premiums, but in exchange, you give up your right to make a claim for Non-Economic Damages if you are injured in a car accident unless a Limited Tort Exception applies.

Pennsylvania Limited Tort Exceptions

Even if you select Limited Tort, there is a chance that you can still recover Non-Economic Damages if an Exception applies.

The following are the Pennsylvania Limited Tort Exceptions:

1- Serious Injury – If you suffer a “Serious Injury” which is defined as Death, Permanent Serious Disfigurement, or Serious Impairment of a Bodily Function, then Full Tort applies and you can recover Non-Economic Damages.

2- Pedestrians, Motorcyle or Bicycle Riders – Limited Tort doesn’t apply to pedestrians, motorcycle or bicycle riders.

3- Occupant of a non-private passenger motor vehicle – Limited Tort doesn’t apply if you are injured in a commercial vehicle, like a bus, taxi or commercial truck.

4-  Drunk Drivers – Limited Tort does not apply if the driver who injured you pleads guilty or is convicted of drunk driving.

5- Intentional Acts – If a driver intended to cause the crash, then Limited Tort does not apply.

6- Uninsured Driver – If the person who caused the car accident has no insurance, then Limited Tort does not apply.

7- Out-of-State Registered Car  – If the other driver was driving a car registered outside of Pennsylvania, then Limited Tort does not apply.

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Pennsylvania Car Accident Lawyer Tim Rayne

For more information on Pennsylvania car insurance choices or for advice after a Pennsylvania car accident contact Pennsylvania Car Accident Lawyer  Tim Rayne at trayne@macelree.com or 610 840 0124.  For over 20 years, Tim has been helping injured car accident victims receive fair treatment from insurance companies.  

Do I have a Legal Claim for Compensation if a Car Accident Aggravates a Pre-Existing Back Injury

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As a Chester County Pennsylvania Car Accident Lawyer, I often hear the question Do I have a legal claim for compensation if a Car accident aggravated my pre-existing back injury?  The answer is Yes, but the fact that you had a pre-existing back injury is a complicating factor in the car accident case making it important that you have an experienced Personal Injury attorney to represent you.

Pennsylvania Law Regarding Pre-Existing Conditions

Pennsylvania law provides that someone who causes a car accident is liable for all harm caused by the collision.  Harm includes physical injuries that are clearly caused by the trauma, like cuts, bruises and broken bones, but it also includes any aggravation or worsening of pre-existing conditions, like back injuries or degenerative conditions.

For anyone over age 20, and sometimes even younger people, back injuries and degenerative conditions are very common.  Sports activities, trauma, hard labor or even a sedentary lifestyle can cause spine injuries and/or degeneration of the spine.

When a car accident causes the forward and backward whiplash motion, pre-existing back injuries or degenerative conditions can be aggravated.  This often results in symptoms like pain and restricted range of motion.

Pennsylvania  law provides that someone injured in an accident is entitled to recover compensation for the aggravation of pre-existing back injuries.  This is the case even if the injuries are worse than might be expected because of the pre-existing conditions.

The only way a defendant can escape liability is if he can establish that the injured person would be suffering from the same symptoms from the pre-existing conditions even if the accident did not happen.

Insurance Company and Defense Lawyer Tricks

When insurance companies or defense lawyers learn of a pre-existing injury or prior accident related injury, they’ll do whatever they can to try do avoid accepting responsibility and blame the injury on the pre-existing condition or prior accident.

Common tactics include subpoenaing all of your prior medical records,  having a private investigator follow you and take photgraphs and video and having you seen by a hired gun defense doctor to say that either there is nothing wrong with you or that your problems are caused by the pre-existing condition.

How to Get Justice

You can still get justice.  But, particularly in car accidents involving pre-existing back injuries, it’s important to maximize your chances of winning by condidering these tips:

1- Be sure to hire an experienced Pennsylvania Car Accident Lawyer;

2- Be honest and up front with your lawyer about all pre-existing conditions and prior accidents;

3- Document your injuries with medical treatment and a daily journal of your symptoms, treatment and restrictions;

4- Never exaggerate your claims of injury and then get caught in surveillance photos or videos doing things you claim no to be able to do;

5-  Think of several witnesses, including family, friends, co-workers, etc. who can corroborate your claims of the difference between your life before and after the accident.

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Tim Rayne is a Chester County Car Accident Lawyer with MacElree Harvey.  For more information on your legal rights after a car accident contact Tim at trayne@macelree.com or 610 840 0124.

 

Legal Claim for Slip and Fall on Snow and Ice – The Hills and Ridges Rule

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Pennsylvania Slip and Fall on Snow and Ice Claims
Hills and Ridges

After snow and ice storms, I always get a calls from people who have been injured in Slip and Fall accidents on snow or ice on sidewalks.  I have to be careful about accepting these cases for litigation because Pennsylvania has a defense available to property owners to help them escape liability for Slip and Fall accidents called the Hills and Ridges Rule which says:

One in possession of land is required to remove snow and ice that has been accumulated on the public sidewalk abutting his or her property within a reasonable amount of time after he or she is on notice that a dangerous condition exists.  To establish liability upon the landowner, the plaintiff must prove that each of the following three essentials was present:

First, that ice and snow had accumulated on the sidewalk in ridges or elevations that unreasonably obstructed travel and were a danger to persons traveling on the walk;

Second, that the defendant property owner knew or should have known of the existence of such condition; and

Third, that it was the dangerous accumulation of ice and snow that caused the plaintiff to fall.

This rule protects property owners during snow or ice storms by giving them a reasonable period of time to clear their sidewalks.  This protects them from liability if the fall happens during or shortly after the storm.

In a Pennsylvania Slip and Fall on Snow or Ice case, the injured party will have the burden of proving the unreasonable ridges or elevations (also known as hills and ridges), either by photographs or testimony.  The injured party also has the burden of proving that the time between the storm and fall was long enough that the property owner should have discovered and corrected the slippery condition.

Looking at the photograph above there is appears to be evidence of some Hills and Ridges that could cause a slip and fall accident.  In addition, given that the photograph was taken well over 24 hours after the end of the January 24,2016 Blizzard in Kennett Square, there is strong evidence that the property owner knew or should have known of a dangerous condition.

Here are a few tips for injured victims of Slip and Fall accidents on snow and ice in Pennsylvania.  Number one, if you fall, be sure to photograph the condition that caused the fall.  Number two, be sure to report the fall to the property owner and the police if possible to document the date, time, location and happening of the fall.  Number three, seek legal advice as soon as soon as possible in order to protect your legal rights.

Tim Rayne is a Pennsylvania Slip and Fall Lawyer with the law firm MacElree Harvey.  For over 20 years, Tim has been helping injured victims of Slip and Fall accidents receive fair treatment from insurance companies.  Tim has offices in both West Chester and Kennett Square.  For more information about your legal rights and right to make an insurance claim after a Slip and Fall accident on snow and ice in Pennsylvania, contact Tim Rayne at 610 840 0124 or trayne@macelree.com or visit Tim’s Website.