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Distracted Driving Harms More Than Just the Victim

Distracted driving is dangerous to drivers, passengers, and nonoccupants alike. Anything that causes a driver to either take their attention away from driving, take their eyes off the road, or take their hands off the wheel is a distraction. A specific type of driver distraction occurs when a driver diverts their attention from the driving task to focus on their cell phone. On August 20, 2017, my best friend’s 54-year-old brother, Mike, was killed by a distracted driver. The person who struck Mike was a 16-year-old boy, who only had his license for a few weeks at the time of the crash. The collision apparently occurred because the 16-year-old was busy searching his phone for a song on his playlist, rather than paying attention to the road. The boy lost control of his vehicle which then left the roadway striking Mike as his vehicle was stopped in a parking lot, waiting to exit onto the roadway. Mike was not only a loving husband, son, and brother, but also the father to two teenage daughters. This tragic, but easily avoidable crash, not only took Mike’s life and forever change the lives of Mike’s family, but this momentary distraction has also changed the life of the 16-year-old boy, who now faces charges of reckless homicide. Pennsylvania has over 120,000 miles of roads and highways. Each year the Pennsylvania Department of Transportation publishes a booklet entitled: “Pennsylvania Crash Facts & Statistics”, which can be found at http://www.dotcrashinfo.pa.gov/. This booklet provides a sobering look at the leading causes of motor vehicle crashes and their resulting injuries and deaths which occur on Pennsylvania’s roadways. The booklet compiles information obtained by PennDOT from traffic crash reports submitted to them by state, county, municipal, and other law enforcement agencies. In 2017, there were 128,188 reportable traffic crashes in Pennsylvania. Those crashes claimed the lives of 1,137 people and injured another 80,612 people. On Average in Pennsylvania: each day 351 reportable traffic crashes occurred (about 15 crashes every hour); each day three persons were fatally injured in reportable traffic crashes (one fatality every eight hours); each day 221 persons were injured in reportable crashes (about nine injuries every hour). Based on Pennsylvania’s 2017 population (12,805,537 people): 1 out of every 44 people was involved in a reportable traffic crash. 1 out of every 11,263 people was fatally injured in a reportable traffic crash. 1 out of every 159 people was injured in a reportable traffic crash. In 2017, the number one contributing factor for both the number of crashes, as well as fatal crashes, was excessive speed. Distracted driving was the second most prevalent contributing factor accounting for 15,614 crashes. That number exceeded alcohol-related crashes by 6,471 crashes. Alcohol-related accidents accounted for 9,143 crashes. Just as technology has created the opportunity and environment for this increase in distracted driving, technology might also be the solution to prevent distracted driving attributable to cell phone usage. One such product is called “Cellcontrol”. This product contains proprietary software that blocks cell phone apps, texts, and calls while a driver is operating a vehicle. Cellcontrol's patented distracted driving solution consists of two main components, a hardware device in the vehicle called DriveID and an app on the phone(s) or other mobile device(s). Once the Cellcontrol DriveProtect™ app is loaded on the phone, you install the DriveID hardware in the vehicle simply by attaching the DriveID hardware to the windshield of the vehicle, using Velcro, with the USB port pointed toward the dashboard. This blog is not meant as an endorsement of “Cellcontrol” or any other company which may have similar technology but rather identifies and discusses the “Cellcontrol” device to make readers aware that such technology exists to try to combat the growing problem of distracted driving. I urge all of you to talk to your family, friends, and neighbors about the dangers of distracted driving. By making others aware of the dangers of distracted driving, you and your loved ones can hopefully avoid the pain that Mike’s family continues to live with every day.
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How Insurance Companies Find Loopholes to Avoid Paying Claims

How Insurance Companies Find Loopholes to Avoid Paying Claims When you pay for an insurance policy, you expect that your insurer will honor and fulfill the terms of said policy when you need it. Unfortunately, that is not always the case. A large number of policyholders find themselves baffled by claim denials or delays, as insurance companies take advantage of technicalities to avoid honoring policies. With how insurance companies find loopholes to avoid paying claims, it is important to know that a denial or delay is not the end. An attorney at Bordas & Bordas may be able to help you. Common Ways Insurers Deny Claims Through many policy loopholes, technicalities, and more, insurance companies try to avoid paying claims in full. There are some common methods insurance companies employ to do this. Vaguely Written Policies Long, drawn-out clauses in policies may be intentionally confusing for policyholders to dissect. If part of a policy seems vague or open-ended, the insurer may have left an opportunity for themselves to make a decision that benefits them over you. This may result in a denial or delay based on the wording. Policy Exclusions Many insurance companies have a list of policy exclusions readily available that policyholders may not be aware of. Should the policyholder file a claim, insurers will often rely on an exclusion as a means to reduce or deny the claim, even if it seems outlandish. Deadlines and Errors Often, with claims, insurance companies set strict deadlines. Policyholders must provide documentation and follow specific procedures while still meeting these deadlines. The intricacy of the process may allow insurers to take advantage of any small issues that occur, giving the insurer an opportunity to deny your claim. Pre-Existing Damages Insurance companies may also argue that certain damages or injuries were not a part of the reported incident. They may allege that the damage existed before the incident, allowing insurers to try and place the responsibility on the policyholder. Intentional Process Delays Some insurance companies intentionally try to make the claims process as long as possible to deter policyholders from pursuing full claims or settlements. Signs of intentional delay may include consistent requests for the same information, going through multiple inspections, as well as purposefully taking long pauses between communications. The Importance of Legal Advice Navigating the insurance claim process in the aftermath of an accident that may have caused injuries or the loss of a loved one can be difficult. Many insurance companies rely on the average policyholder not knowing enough about the loopholes insurance companies use and being unable to fight for the full benefits of their policies. Having an advocate with experience in challenging insurance companies in court may significantly impact how an insurance company responds to your claim. A legal representative may help you learn about the full breadth of your claim, talk you through denials, and help protect you from underhanded tactics. Contact an Experienced Attorney Who Understands the Tricks Used by Insurance Companies To Avoid Paying Facing insurance companies after a denied claim is not a task that you need to handle alone. Considering how insurance companies find loopholes to avoid paying claims, working with experienced legal professionals is essential. Our bad faith insurance attorneys at Bordas & Bordas are dedicated to standing up for you against insurance companies. Schedule a consultation with our team today to learn how we can help you hold insurance companies accountable.

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Why Legal Representation Matters During the Holiday Travel Season

Why Legal Representation Matters During the Holiday Travel Season The holidays are the perfect time of year to visit family and friends. These joyous occasions are also some of the most popular and busiest times to travel. The holiday travel months are filled with hazards due to heavy traffic, severe weather, increased driver impairment, and the rush to get home, which increases accident rates. That is why it is so important to understand why legal representation matters during the holiday travel season. Keep reading to learn how having a Bordas & Bordas attorney on speed dial could help you manage increased risks of accidents when most law offices are unavailable. Legal Representation During Holiday Travel Combats Early Settlements Your personal injury claim does not go on vacation, despite periodic court closures and unavailable legal teams during the holidays. Insurers are often busy during this timeframe as well, leading to delayed processing. Adjusters may take advantage of this time of year to rush victims like you into accepting a low settlement while attempting to close your case quickly. Your Bordas & Bordas attorneys would ensure you do not accept a payment that fails to cover long-term medical costs or lost wages, even during the busy holiday season. We Would Help You Handle Increased Risks and Manage Complex Logistics During the travel season, we see higher rates of impaired driving and dangerous, crowded, or icy conditions. Holiday-related accidents require fast action, as surveillance footage can be overwritten and witness memories fade during these busy times of year, making legal representation essential. Our lawyers are well-versed in gathering time-sensitive evidence during the holiday travel season and beyond. Managing Complex Logistics is Essential During the Holidays If you become injured out-of-state, our legal professionals have the experience to navigate complex jurisdictional issues and coordinate care between your vacation location and home. With us on your side, we would handle insurers and legal paperwork, while you focus on your recovery and spending time with loved ones. Taking prompt legal action helps ensure your claim is not compromised by the logistical challenges of the holiday travel season. Legal deadlines and statutes of limitations continue to run, even during the holidays, so it is important not to delay action. Learn the Importance of Connecting with a Skilled Bordas & Bordas Attorney Before the Holiday Travel Season Reach out to the experienced personal injury attorneys at Bordas & Bordas before you embark on your holiday travels. We could help you prepare for the worst by reducing risk and formulating contingency plans, so you have the peace of mind to enjoy the visit. If you are injured during this time of year, our team is ready to guide you through the necessary legal process of filing a claim. When you schedule a free consultation with our team, we can review your case and explain your legal rights to a fair settlement. Give us a call to learn more about why legal representation matters during the holiday season.

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What to Know About Dog Bite Law in Pennsylvania

What to Know About Dog Bite Law in Pennsylvania A neighbor’s pet biting you is more than just frightening. It can also be quite dangerous and cause serious injuries and infections from puncture wounds that require immediate medical attention. If you or your loved one has experienced psychological trauma and tissue damage as a result of a dog bite, you need experienced legal advice from the personal injury team at Bordas & Bordas to help you interpret our state’s regulations. Read on to learn what you need to know about dog bite law in Pennsylvania. Pennsylvania Dog Bite Law Provides Strict Liability for Medical Bills Pennsylvania dog bite law ( 3 P.S. § 459-502) sets a strict liability policy, meaning that in the case of an attack, dog owners are automatically responsible for all of the injured individual’s medical costs, even if the dog has never bitten anyone before. A judge may also classify a dog as “dangerous” if it inflicts severe injury without provocation, attacks a person or a domestic animal, or is used in a crime. However, the owners may not be held liable if you were trespassing, committing a crime, or provoking the animal at the time of the attack. What About Non-Economic Damages? Most people walk away from a dog bite incident with more than just medical expenses. These types of encounters often traumatize victims. If you experience non-economic damages like pain, suffering, or disfigurement, your Bordas & Bordas attorney would work hard to prove negligence, as the owner may have violated state leash laws. We may also show the dog’s dangerous history and potentially prove the owner ignored their pet’s known aggression. Is There a Statute of Limitations on Dog Bite Claims? In Pennsylvania, you have just two years from the date the dog bite occurred to file a lawsuit and hold the owner and their insurance company liable for your losses. If it were your child or another minor who was injured by a dog bite, this deadline would be extended until their 18th birthday. When filing a compensation claim, it is vital to understand state dog bite law and what deadlines may apply. What to Do If You Are Bitten by a Dog in Pennsylvania If you or your child is bitten by a dog, take prompt action. Immediately report the incident to local police or animal control, then seek medical care. If possible, have someone, such as a family member or trusted bystander, document the scene and injuries with photographs or video. Once everyone is safe, connect with the skilled personal injury attorneys at Bordas & Bordas to discuss the next steps and understand how Pennsylvania dog bite law may affect your claim. Talk With Us About Your Dog Bite Claim and State Law Recognizing what to know about dog bite law in Pennsylvania is the first step in filing your claim, and if you still have questions, reach out to the skilled personal injury attorneys at Bordas & Bordas. When you are injured by an aggressive dog, our team stands ready to guide you. We could review your case and explain your legal rights during your free consultation, so schedule a time to have a conversation with our team. A fair and just settlement could cover your medical bills and so much more. Give us a call to learn more.