Blog

Uber’s Safety Failures: When Business Goals Trump Rider Safety Every eight minutes. That’s how frequently Uber received a report of sexual assault or misconduct in the United States between 2017 and 2022, according to recently revealed court records. In total, more than 400,000 Uber trips in that period involved reports of sexual assault or sexual misconduct, a staggering figure that far exceeds what Uber has publicly disclosed. By contrast, Uber’s official safety reports claimed only about 12,500 incidents of “serious” sexual assaults in that timeframe. This discrepancy suggests the company downplayed the true scope of the problem by only counting the most severe categories of assault, while omitting hundreds of thousands of other reports. Court Records Reveal the Truth These new figures emerged from sealed court documents obtained in ongoing litigation against Uber. According to The New York Times, Uber averaged one sexual misconduct report every 8 minutes in the U.S. Over six years, that amounted to 400,181 passenger reports of sexual assault or misconduct, ranging from lewd remarks to rape. Yet Uber’s public U.S. Safety Reports, which the company touted as a transparency effort, only included the five most severe categories of sexual assault — totaling 12,522 incidents between 2017 and 2022. That means 16 other categories of sexual misconduct that Uber internally tracked were never included in public reports. About 75% of incidents, such as harassment, unwanted touching, or inappropriate comments, were effectively hidden. Uber Chose Business Over Safety Internally, Uber knew about thousands of complaints every year. Data showed 3,000–7,000 reports of sexual assault annually, with a significant number of cases involving non-consensual touching and rape. Equally troubling is the evidence that Uber’s own safety team developed tools to reduce risks — but many were never implemented when they conflicted with the company’s bottom line. Potential safety measures included: Driver-passenger matching systems that could pair women riders with women drivers. In-car cameras or recording features to document misconduct. Algorithms to flag high-risk situations before they happen. Despite testing these measures, Uber leadership often shelved them out of fear that drivers might quit or costs would rise. Protecting Yourself and Seeking Help The disturbing truth is that rider safety has too often taken a backseat to profits. While Uber and Lyft remain convenient transportation options, passengers must remain aware of the risks. If you or a loved one has been a victim of sexual assault during a rideshare trip, you are not alone. Consider reaching out to: Law enforcement to report the crime. The National Sexual Assault Hotline at RAINN.org or 1-800-656-4673. A trusted legal professional who can explain your rights and potential claims. At Bordas & Bordas, our attorneys serve clients in West Virginia, Ohio, and Pennsylvania who have suffered serious harm because of corporate negligence and misconduct. We stand ready to help victims pursue justice and hold powerful companies accountable.

Consumer Product Safety Commission Says Walmart Knew of Water Bottle Danger for Years Before Recall In July 2025, Walmart recalled approximately 850,000 Ozark Trail 64-ounce stainless-steel water bottles after reports that the lids could “forcefully eject” and injure users. The U.S. Consumer Product Safety Commission (CPSC) warned that these bottles posed a serious hazard — at least three people suffered devastating injuries, including two cases of partial blindness. However, federal regulators now claim that Walmart was aware of these dangers for seven years before taking action. Walmart Aware of Injuries as Early as 2018 Investigations reveal Walmart had evidence of catastrophic injuries long before the recall. For example: 2018, Georgia: A woman was struck in the eye when hot soup caused the bottle’s lid to blast off. 2018, Washington State: A man’s left eye was ruptured after a cap exploded while opening a bottle filled with hard apple cider. 2018, Massachusetts: A woman suffered severe facial and jaw injuries when a bottle filled with juice burst. Walmart quietly settled lawsuits tied to these incidents but did not issue public warnings or recalls at the time. Warning Labels Instead of Recall By 2020, Walmart began placing warning labels on Ozark Trail bottles, advising customers to use them only for water. Labels cautioned that storing carbonated or perishable liquids could cause pressure to build up and eject the lid like a projectile. This reduced injuries for a while, but by early 2024, another customer was harmed, which finally prompted the CPSC to formally request a recall. Why the Delay Matters Safety experts say Walmart’s seven-year delay underscores how corporations may weigh recall costs against liability risks. The CPSC cannot force recalls without a company’s cooperation, leaving dangerous products in homes for years. The recalled bottles (model #83-662) were sold at Walmart stores nationwide since 2017 for about $15. Consumers are urged to stop using them immediately and return them for a refund. Holding Companies Accountable For families of those injured, Walmart’s delayed response highlights the importance of product liability law. When preventable design flaws cause life-altering injuries, companies must be held accountable. At Bordas & Bordas, we help clients across West Virginia, Ohio, and Pennsylvania pursue justice when defective products cause harm. If you or a loved one has been injured by a recalled item or other unsafe product, our attorneys can help you explore your legal options.

Medical Device Failures: How to File a Product Liability Claim Medical devices are designed to improve our health and the quality of life; however, when they fail, the consequences can be devastating. Whether it’s a defective hip implant, a malfunctioning pacemaker, or a faulty surgical mesh, medical device failures can significantly worsen your health. Medical device failures can lead to serious injuries, additional surgeries, long-term complications, or even death. At Bordas & Bordas, we have seen firsthand how defective medical products can impact individuals and their families. If you or a loved one has been harmed by a medical device, you may be entitled to compensation through a product liability claim. Here’s what you need to know about your rights and how to take action. What Is A Medical Device Product Liability Claim? Product liability law holds manufacturers, distributors, and sometimes medical providers responsible when a defective product causes harm. In the case of medical devices, these claims generally fall into one of three categories: Design Defect – The device is inherently dangerous due to a flawed design. Manufacturing Defect – A mistake occurred during production, making the device unsafe. Failure to Warn – The manufacturer failed to provide adequate warnings or instructions for safe use. Common Defective Medical Devices Some devices more commonly involved in product liability lawsuits include: Hip and knee implants Transvaginal mesh Pacemakers and defibrillators IVC filters (used to prevent blood clots) Insulin pumps Breast implants Surgical tools or instruments that break during procedures If a device like one of these has failed and caused injury, it’s worth exploring whether you have a valid legal claim. Steps to Filing a Product Liability Claim If you believe a medical device caused you harm, follow these key steps: Seek Medical Attention Your health is the top priority. Get evaluated by a medical professional who can assess the damage and provide proper care. Preserve the Evidence Keep the device (if possible), packaging, instructions, and any related medical records. These items can serve as crucial evidence. Document Your Experience Start a journal documenting symptoms, medical appointments, additional teams, and how your daily life has been affected. Contact a Product Liability Attorney An experienced attorney can review your case and help you navigate the legal process. At Bordas & Bordas, we offer free consultations to help you understand your options. File a Lawsuit or Join a Mass Tort Depending on your case, you may file an individual lawsuit or join a larger mass tort case involving the same device. Your attorney will help determine the best course of action. Why Legal Representation Matters Product liability cases involving medical devices are complex. Manufacturers often have powerful legal teams working to protect their bottom line. You need someone in your corner who understands the law and will fight for the compensation that you deserve, whether that means recovering medical expenses, lost wages, pain and suffering, or long-term disability costs. At Bordas & Bordas, we have a strong track record of standing up to corporations and holding them accountable. We’re here to help you guide you through every step of the process. Speak With an Experienced Product Liability Attorney Today If you or a loved one has been injured by a defective medical device, don’t wait to take action. Contact us today for a free consultation and let our experienced product liability attorneys help you seek justice.

Do I Have a Medical Malpractice Case? 5 Signs to Watch For Medical errors are one of the leading causes of death in the United States. According to Johns Hopkins Medicine, more than 250,000 deaths each year in the U.S. are caused by medical mistakes. Patients expect their doctors and hospitals to provide safe, competent care, but when that doesn’t happen, the consequences can be life-changing. So how do you know if you have a medical malpractice case? Here are five warning signs to watch for: 1. Delayed or Incorrect Diagnosis If a doctor fails to diagnose a serious condition or diagnoses it too late, you may have grounds for legal action. 2. Surgical Mistakes Wrong-site surgery, leaving surgical tools inside the body, or other preventable errors can be clear signs of negligence. 3. Medication Errors Getting the wrong drug or dosage is a red flag, especially if it leads to serious complications or hospitalization. 4. Failure to Follow Up Doctors are required to communicate lab results, follow up on test findings, and monitor recovery. Failure to do so can result in preventable harm. 5. Lack of Informed Consent Patients have the right to understand the risks of a procedure before agreeing to it. If you weren’t fully informed, your consent may not be legally valid. At Bordas & Bordas, we work with medical experts to evaluate each case and determine whether the standard of care was violated. Learn more about medical malpractice cases and how we help patients in West Virginia, Ohio, and Pennsylvania seek justice.

What to Do After a Truck Accident in West Virginia, Ohio and Pennsylvania A recent trucking accident on I-70 near Wheeling caused serious injuries and brought traffic to a standstill. These kinds of accidents are all too common in West Virginia, Ohio, and Pennsylvania, especially on major highways like I-70 and I-79. If you’re involved in a crash with a commercial truck, knowing what to do next is critical for your health and your legal rights. Protecting Yourself Legally and Medically If you’re involved in a truck accident: Call 911 immediately. Document the scene (photos, notes, witness names). Seek medical attention—even if injuries seem minor. Commercial trucking accidents are far more complicated than regular car crashes. The trucking company, driver, and even cargo loaders may all play a role in what happened. That’s why it’s so important to protect yourself early. Truck crashes often involve federal trucking regulations in addition to local laws. The Federal Motor Carrier Safety Administration (FMCSA) requires drivers to operate with “extreme caution” in hazardous conditions, a regulation often cited in legal cases. Don’t Navigate This Alone Trucking companies have their lawyers working to limit what they pay. Victims need someone in their corner who understands both state and federal laws across the tri-state region. An experienced attorney can help preserve evidence, negotiate with insurers, and ensure you’re treated fairly.  At Bordas & Bordas, we fight to protect victims and ensure they’re not taken advantage of during this complex process. Learn more about truck accident claims

MCARE Act and PSQIA: PA Superior Court Weighs in on Document Discovery In Boyle v. Main Line Health, Inc., 2025 PA Super 148 (July 17, 2025) the Superior Court of Pennsylvania analyzed the Medical Care Availability and Reduction of Error (“MCARE”) Act, 40 P.S. §§ 1303.101-1303.910, and the Patient Safety and Healthcare Quality Improvement Act (“PSQIA”), 42 U.S.C. 299b-21, et seq, 42 C.F.R. Part III, §§ 3.10, et seq. in determining whether documents relating to the review and investigation of issues relating to Erin Boyle’s delivery of B.B. (“Boyle Event”) were discoverable. The Boyles asserted claims for professional negligence against Main Line Health, Inc. (“Main Line”) and Dr. Scott Bailey arising out of the birth of their son, “BB”. The Boyles also asserted claims for negligent infliction of emotional distress regarding Erin Boyle, and loss of consortium regarding Erin and Stephen Boyle.  During discovery, the Boyles requested the production of documents from the Main Line Defendants relating to the review and investigation regarding Erin Boyle’s delivery of B.B. In response to the request, the Main Line Defendants provided a privilege log identifying four documents Defendants claimed were privileged: (1) the Patient Safety Occurrence Worksheet (“PSOW”); (2) the Situation Background Assessment/Recommendations (“SBAR”); (3) the Patient Safety Reporting System (“PSRS”); and (4) the Potentially Compensable Event (“PCE”) report to Claims Management. The Main Line Defendants specified that the PSRS report was protected from disclosure under the MCARE Act, and the PSOW and SBAR were protected as confidential patient safety work product under the PSQIA. The Main Line Defendants admitted that no peer review was conducted, and they did not assert any privilege under the PRPA. The trial court ordered the production of the documents, and the Main Line Defendants appealed the court’s decision. MCARE confidentiality extends to “documents, materials or information solely prepared or created for the purpose of compliance with section 310(b).” Ford-Bey v. Professional Anesthesia Services of North America, LLC, 229 A.3d 984 (Pa.Super. 2020 (quoting 40 P.S. § 1303.311(a)) (emphasis in original). party claiming a document is protected under section 311(a) need not demonstrate a patient safety committee or governing board actually reviewed the contested document.” Lahr v. Lehigh Valley Hosp., Inc., 311 A.3d 587, 2023 WL 8665017 *9 (Pa.Super. 2023) (unpublished memorandum).  However, at a minimum “section 311(a) requires proof that the document, materials or information or reporting requirement arose out of ‘matters reviewed’ by a patient safety committee or a governing board pursuant to their section 311(b) responsibilities.” Id. In this case, the Main Line Defendants failed to introduce evidence to show that Main Line’s patient safety committee or governing board had reviewed the Boyle Event. Therefore, the Court concluded that the PSRS report did not meet the criteria of privilege under section 311(a). The Main Line Defendants created the SBAR and PSOW for the purpose of reporting to a patient safety organization and that the SBAR was reported to the ECRI PSO as part of the Hospital’s reporting system.  The Main Line Defendants insist that these documents, “are quintessential examples of … documents that qualify for PSQIA privilege protection” under subsection (ii) of the PSQIA.  (Main Line Defendant’s Brief at 45).  Therefore, the Main Line Defendants insist that they have met their burden of establishing that the documents constituted privileged “patient safety work product” as defined by the PSQIA at Section 299b-21(7)(A). PSQIA defines “patient safety work product” as follows: Except as provided in subparagraph (B), the term ‘patient safety work product’ means any data, reports, records, memoranda, analyses (such as root cause analyses), or written or oral statements— (i) which (I) are assembled or developed by a provider for reporting to a patient safety organization and are reported to a patient safety organization; or (II) are developed by a patient safety organization for the conduct of patient safety activities; and which could result in improved patient safety, health care quality, or health care outcomes; or (ii) which identify or constitute the deliberations or analysis of, or identify the fact of reporting pursuant to, a patient safety evaluation system. 42 U.S.C. § 299b-21(7)(A).  The PSQIA provides that “patient safety work product” shall be privileged and shall not be subject to a state subpoena, subject to discovery, or admitted as evidence.  42 U.S.C. § 299b-22(a). Information that constitutes “patient safety work product” under the “deliberations or analysis” option set forth in section 299b-21(7)(A)(ii), is protected when it is done within the patient safety evaluation system.  Notably, “‘patient safety work product’ excludes ‘information that is collected, maintained, or developed separately, or exists separately, from a patient safety evaluation system.’” Ungurian v. Beyzman, 232 A.3d 786, 795 (Pa.Super. 2020) (quoting 42 U.S.C. § 299b-21(7)(B)(ii)). Here, the Court concluded that Mainline Medical produced the SBAR and PSOW solely in accordance with the patient safety evaluation system and reported to the patient safety organization and thus constituted “patient safety work product” privileged documents as the “deliberations or analysis of” a patient safety evaluation system. See 42 U.S.C. § 299b-21(7)(A)(ii).  The Court noted that the burden now shifted to the Boyles “to set forth facts showing that disclosure will not violate the…privilege.” Ungurian, supra at 795. The Superior Court’s opinion in Boyle v. Main Line Health, Inc., 2025 PA Super 148 (July 17, 2025) can be accessed here. Legal Help You Can Trust Navigating discovery and privilege in medical negligence cases is complex. If you believe your medical provider is withholding critical information or that you were harmed by medical negligence, the attorneys at Bordas & Bordas are here to help. Contact us today for a free consultation.

Supreme Court Rejects Heightened Standard of Proof in Disability Discrimination Cases Against Schools Federal laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, protect people with disabilities from discrimination, including in the area of education.  The Individuals With Disabilities Education Act (IDEA) conditions federal funding to states on the promise to provide a “free appropriate public education” to children with certain disabilities.  Recently, in A.J.T. v. Osseo Area Schools, Indep. School Dist. No. 279, the United States Supreme Court rejected a lower court’s ruling that plaintiffs in education-related cases under the ADA and Rehabilitation Act must show bad faith or gross misjudgment by school officials to recover damages, not just failure to provide a reasonable accommodation as in other discrimination cases. Background of the Case The plaintiff in A.J.T., identified by her initials because she is a minor, was a teenager who had a rare form of epilepsy with serious manifestations including seizures so severe in the morning hours that she was unable to attend school before noon.  A.J.T. had previously been permitted to attend educational activities in the evening, but after her family relocated, her new school district denied her request for evening education, such that she received significantly less instruction than non-disabled students.  A.J.T.’s parents filed a complaint under the IDEA and won a ruling ordering the district to provide A.J.T. with evening instruction. A.J.T.’s parents then sued the district under the ADA and Rehabilitation Act, seeking a permanent injunction and compensatory damages.  The federal district court in Minnesota granted summary judgment to the school district and the Eighth Circuit Court of Appeals affirmed the decision.  The appeals court determined that unlike in other discrimination cases under the ADA and Rehabilitation Act, “a plaintiff must prove that school officials acted with ‘either bad faith or gross misjudgment,’ which requires ‘something more’ than mere non-compliance with the applicable federal statutes.’”  Federal appeals courts had disagreed on the appropriate standard, and the Supreme Court accepted the case to resolve the dispute. What the Supreme Court Decided Writing for a unanimous Supreme Court, Chief Justice John Roberts held unambiguously that “ADA and Rehabilitation Act claims based on educational services should be subject to the same standards that apply in other disability discrimination contexts.” The Court observed that children with disabilities and their parents “face daunting challenges on a daily basis,” but that “those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs to establish discrimination under Title II of the ADA and Section 504 of the Rehabilitation Act.” Chief Justice Roberts noted that the Congress had previously amended the IDEA to overturn caselaw holding that the IDEA was the only mechanism by which a child with a disability could allege that his or her education was inadequate. What This Means for Parents While the Supreme Court’s decision contains nuances that reflect the complexities of the legal framework it interpreted, A.J.T. makes it clear that the unique challenges that can come with educational accommodations in no way lessen the rights of children with disabilities.  As the varying interpretations of the same law by different courts demonstrate, seeking the law’s protections can be complicated and intimidating.  A lawyer experienced in navigating discrimination claims can help make sure your rights are protected.

Fighting for Justice for 40 Years In 2025, Bordas & Bordas is proudly celebrating 40 years, a testament to our unwavering commitment to serving our community and fighting for justice. Since our founding in 1985 by Jim and Linda Bordas, we’ve grown from a small practice into one of the region’s premier personal injury law firms with offices in Pittsburgh, Pennsylvania, Wheeling and Moundsville, West Virginia, and St. Clairsville, Ohio. The story of Bordas & Bordas Attorneys PLLC began with a unique partnership. Linda, a former hospital pharmacist turned lawyer, and Jim, who has been described by many as a giant in the legal profession, combined their expertise and passion for justice to open the doors of Bordas & Bordas upon Linda’s graduation from law school in 1985. Their remarkable record, including never losing a trial together, fueled the firm’s early success. Linda’s medical background proved invaluable, particularly in medical malpractice cases, where she became a leading force, securing landmark verdicts and expanding patient rights. Jim spent his career fighting battles for his clients that others couldn’t or wouldn’t fight. For over four decades, he built a reputation of success through landmark jury verdicts and settlements. In 2000, the Bordas legacy continued with the addition of Jim and Linda’s oldest son, Jamie, who became the firm’s managing partner in 2005. Jim cherished working alongside Jamie, creating a strong bond, and ensuring the firm’s values would endure. Linda remains a partner at Bordas & Bordas and continues to provide guidance and advice as we continue to fight for justice. Our Core Values: The Shield of Bordas & Bordas Our logo, a shield with four quadrants and a central cross, symbolizes what we hold dear: Experience: Four decades of dedicated legal service. Family: A firm built on strong family values and lasting relationships. Community: A commitment to serving and giving back to our community. Results: A proven track record of securing substantial recoveries for our clients. Christian Values: The Cross in the center represents the moral compass that guides our work. Our Commitment to You A lot has changed in 40 years, but one thing remains the same: Our reputation for taking on any opponent in the courtroom. This is backed by years of success and record-breaking results, including numerous multi-million-dollar verdicts and settlements across a wide range of personal injury practice areas. We understand the challenges clients face, which is why our cases are handled on a contingency fee basis. This means clients pay no fee unless we secure a recovery for them. We offer: Free initial consultations. No retainer required. We advance all case expenses. Our work has garnered national attention, with features on programs like 60 Minutes, Inside Edition, and CNN, showcasing our dedication to seeking justice for our clients. Learn more about our results by clicking here. As we celebrate 40 years, we reaffirm our commitment to providing exceptional legal representation and upholding the values that have guided us since 1985. We are grateful for the trust our clients have placed in us and look forward to serving our community for many years to come.

With the Fourth of July just around the corner, our entire team wants to wish you a very safe, happy, and memorable holiday. Whether you’re gathering for a cookout or enjoying some fireworks lighting up the sky, it’s a wonderful opportunity to enjoy the best of summer and reflect on the spirit of independence. To get into the holiday spirit, we asked our attorneys for their personal tips on how to best celebrate this patriotic occasion. From backyard BBQs to classic traditions, their advice might just spark some inspiration for your own festivities! Click here to watch the video. Happy 4 th of July! Welcoming our New Attorney We are pleased to announce the addition of a new attorney to our law firm- Teena Miller. We couldn’t be more excited to have Teena our team. Her knowledge, dedication, and commitment to justice will undoubtedly strengthen our ability to serve our clients. Please join us in extending a warm welcome to her! Teena Miller brings over two decades of legal experience to Bordas & Bordas, having practiced law in West Virginia and Ohio since 2000 and 2001, respectively. Her extensive background includes handling plaintiff’s personal injury claims and complex civil litigation. Most recently, she handled plaintiff’s and defendant’s civil claims at The Levicoff Law Firm in Pittsburgh. Prior to that, Miller held a partnership position at Gold, Khoury, and Turak in Moundsville, West Virginia, where she successfully litigated plaintiff’s personal injury cases, including achieving a significant $1.5 million-dollar verdict in Ohio. Miller holds bar admissions in West Virginia, Ohio, the U.S. District Courts for the Northern and Southern Districts of West Virginia and the Southern District of Ohio, and the U.S. Supreme Court. Miller began her career at one of West Virginia’s largest defense firms, Jackson Kelly, where she worked in the Wheeling office handling various types of civil litigation, primarily on behalf of corporations and insurers. This followed her being a Dean’s List student at the University of North Carolina School of Law in Chapel Hill, NC, one of the top 25 law schools in the United States at the time. Miller will work out of the firm’s Wheeling office. When your loved ones are in nursing homes, their safety and well-being are your top priority. It’s vital to know the difference between “nursing home abuse” and “nursing home neglect,” because while both are harmful, they mean different things legally and require different actions. However, we are able to handle cases that involve both of these types of situations. To help everyone understand these important distinctions, Partner Geoff Brown explains the key differences between nursing home abuse and nursing home neglect. This information can be really helpful for any family with a loved one in care. Click here to learn the difference. Our Recent Results What Our Clients Say About Us Personal injury suits can arise out of almost any accident. Learn more about the common types of personal injury cases: Unlocking the Power of Partnership with Bordas & Bordas At Bordas & Bordas, we value collaboration within the legal community. We accept referrals across a wide range of practice areas, and some of our firm’s most significant successes have stemmed from strong partnerships with fellow law firms. Unlike many plaintiffs’ practices, our firm’s substantial size and diverse team of attorneys enable us to undertake major and complex cases. Bordas & Bordas stands ready to meet the challenge. Our firm is capable of going up against major corporations and insurance companies to deliver justice to those who have been wronged. Partner with Us: If you have a case where our firm could be a valuable asset, we encourage you to contact Bordas & Bordas. We are honored to collaborate with our colleagues in the trial bar and are committed to working alongside you to achieve the largest possible results for your clients. To discuss potential referral or co-counsel opportunities, please do not hesitate to contact our firm at 304.242.8410 or reach out to us through our web contact form. Congratulations to the 2025 Anti-Bullying Ambassadors! We are proud to share the names of the 16 students from schools in Ohio, Marshall and Belmont counties who are recipients of the Bordas & Bordas Anti-Bullying Fighting for Justice Award. The award was created in 2014 by Bordas & Bordas founder Jim Bordas and honors each Anti-Bullying Ambassador with a $500 cash prize. The criteria for students nominated includes treating everyone equally, respecting differences in others, and standing up for those who are targeted by others or are discriminated against. 2025 Bordas & Bordas Amateur Golf Classic in the Books We’re excited to share the results from the recent Bordas & Bordas Amateur Golf Classic, which took place on June 7 and 8! Despite the very rainy conditions on the final day, our dedicated participants showed incredible skill and spirit, making it a memorable tournament. A huge thank you goes out to all the participants, generous sponsors, and tireless volunteers who made this event a success. For the eighth consecutive year, proceeds from the tournament will proudly benefit the Oglebay Foundation’s Access to the Parks program. Without further ado, here are the champions from this year’s classic. Quotes to Live By

What To Do If The At-Fault Driver Passes Away After an Accident Following a car accident, an injured individual may pursue compensation for their sustained injuries. However, should the at-fault driver pass away, it leaves many wondering if they still have any legal options. In short, yes. However, there are distinct differences in how to go about handling claims where the responsible party has passed away. Liability When the At-Fault Driver Passes Away When people cause car accidents, they are normally held responsible by their insurance coverage or a personal injury lawsuit. If the at-fault driver should pass away, their liability still remains. Legal claims that are aimed at them would be redirected toward their estate or insurance policy. Most auto insurance policies cover accidents that occur before the insured driver’s death, meaning the injured party may still file a claim with the deceased’s insurance company. Should the policy limits not fully cover the received damages, additional legal steps may be necessary to receive the needed compensation. Claims Against the Deceased’s Estate If the compensation offered by the insurance company alone is not enough to cover any damages, medical bills, lost wages, and other expenses, filing a lawsuit against the deceased driver’s estate may be an option. An estate is a legal entity consisting of the deceased’s assets and debts, with a representative or attorney managing the estate amidst the probate process. Filing a lawsuit against an estate normally has strict deadlines. States have differing rules regarding the specifics of how and when creditors or injured parties can notify the estate. Should these deadlines be missed, it could forfeit your right to pursue compensation. Potential Challenges Suing an estate may be more complicated than a typical personal injury lawsuit. The estate may have limited assets or even other claims from creditors, reducing the amount of compensation you could potentially receive. In addition, the probate process may result in delays, making case resolution take longer. The other difficulty comes from gathering evidence. If the at-fault driver did pass away, this may limit the opportunities to get firsthand testimony during the lawsuit. There are, however, other forms of evidence that can be useful, such as accident reports, witness statements, and traffic camera footage. Speak With an Attorney After an At-Fault Driver Passes Away If you were injured in a recent crash and learned the at-fault driver passed away, you may still seek out compensation. An experienced attorney could help make a significant difference in how your case moves forward, especially with the unique legal considerations and strict deadlines involved in this type of claim. Reach out to Bordas & Bordas today to discuss your options with a seasoned lawyer and find out how we could help you obtain compensation.

5 Ways Social Media Can Complicate Your Personal Injury Case As we continue to immerse ourselves in the digital age, a majority of expression and consumption are done through social media. Being so reliant on social media in our day-to-day lives, it is easy to get carried away with the type of information we post. However, this second-nature viewpoint can come back to haunt us during investigational situations like personal injury cases. Here’s a breakdown of how social media can impact the outcome of your case. 5 Ways Social Media Can Hurt You 1) Invalidate Your Argument One of the most damaging activities to your personal injury case is evidence of contradicting activity to your claim. A claim in a personal injury case is extremely important because it outlines the specificities of your argument. Example of contradictory social media activity: Claim: you sustained a leg injury from a car accident, resulting in limited mobility. Treatment and medical bills are high, so you are seeking compensation. Contradictory social media post: posting photos of yourself participating in physical activities using your leg (e.g., biking, running, hiking), containing time stamps after a claim is filed. When gathering evidence for a case, insurance companies and defense attorneys may use your posts as proof of exaggeration or falsification of an injury. The significance of this evidence may lead to a lower compensation rate for your injury. 2) Harm Your Reputation and Credibility Reputation relies on the credibility and trustworthiness of the evidence and testimony provided to the judge or jury. Similarly to your argument, posting opinions and images has the potential to damage your reputation and the ruling of your case. Whether directly contradictory or alluding to falsity, posts of any form can undermine your position in court. A case has a lot of moving pieces that can easily sway a jury or judge depending on the storyline it creates. If posting, it is important to keep in mind a supporting and consistent narrative across the board. 3) Insurance Company Accessibility It is common now more than ever for social media platforms to contain various setting options for privacy. Although seemingly protective, insurance companies and defendant legal teams have access to accounts through legal discovery processes. Posts can slip under your radar through sharing options, including: Tagging other users Utilizing public hashtags Direct messaging friends Commenting on public profiles Linked profiles (e.g., linked Instagram and Facebook) It is the goal of insurance companies to find reasons to reduce payouts or deny claims. To do so, social media posts may act as a key proponent of validity. In some cases, insurance companies may even request access to your social photos and comments during their discovery process. Whatever information is pulled may be used against you. 4) Unintentional Admission of Fault Social media may pose a threat of garnering counterclaims. Because social media is an avenue for expression, it is easy to overlook the consequences of your posts. Although rare, posting unintentional or unrelated comments and posts can be taken as an admission of liability. This may look like a story time video you post for your friends alluding to distraction or a comment of “relatable” to a viral texting and driving meme. These situations could indicate that the accident was partially or fully your fault. Although posts may appear inherently innocent, any statement involving the investigated situation can affect the results of your case. 5) Witness Invalidation Directly affected or not, witnesses play a huge role in supporting various storylines in a case. Depending on the situation, it is likely witnesses are able to access your social media and gather their own interpretations on the matter. Posts can heavily manipulate the outcome of evidence presented and bring about arguments of severity. Opposing parties may utilize witnesses of your posted narrative to craft a case that weakens your claim. How We Can Help You Protect Yourself Although social media may be a light-hearted avenue of self-expression, it can also be the determining factor of your compensation. We understand being injured can be a frustrating time. Here at Bordas & Bordas, our goal is to help you pursue the compensation you need to recover from your accident-related damages. Contact us today for help navigating the legal process and avoid making unnecessary mistakes.

How Traffic Cameras and Witnesses Can Support Your Pedestrian Injury Case Getting hit by a car as a pedestrian may leave you with serious injuries that can be life-altering. Following an accident like this, proving liability may be crucial in obtaining compensation. Traffic cameras and eyewitnesses can significantly support your pedestrian injury case, corroborating your account of the incident and strengthening your claim. These two sources may help by giving an impartial account of the incident and potentially identifying who was at fault. Traffic Cameras in Pedestrian Accidents Traffic cameras are commonplace and easily found at major intersections, busy roads, and urban and suburban areas. These cameras can record traffic incidents and may be able to capture footage of the entire event. In cases involving pedestrian injuries, traffic camera footage could provide impartial evidence to support your account of the incident. The footage could capture important details such as a driver speeding, running a red light, or even failing to yield. It offers a visual account of the incident that you could use to counter the driver’s claim. Even if the camera does not capture the entire incident, the footage could still potentially show the vehicle’s behavior before the incident. After an accident, it is crucial to quickly find and collect evidence from traffic cameras. Some municipalities only keep footage for a small amount of time. Our team of legal professionals may be able to ask the municipality to secure the footage and submit it as evidence for your case. Witness Testimony Eyewitnesses may also prove beneficial in supporting your pedestrian injury case. Having a third-party account of the incident may clarify details of the case, giving an impartial account of what the pedestrian and driver were both doing at the time of the incident. Witnesses could include any pedestrians, drivers, or workers present at the time of the incident. Witness statements are sometimes more extensive than the accounts of the pedestrian or driver. The witness may name other factors contributing to the accident, such as road hazards, the environment, lighting, visibility, or traffic signals. Witness statements may support your version of the story and better aid your claim. Our attorneys could speak with witnesses on your behalf and collect written or recorded statements for use in negotiations or court. Contact Bordas & Bordas For Help With Your Pedestrian Injury Case Being able to provide evidence that is consistent and clarifies the events contributing to your pedestrian injury case may greatly affect the outcome. Video from traffic cameras or witness testimony supporting your pedestrian accident case may help settle disputes that arise based on your and the driver’s differing accounts. If you or a loved one is injured in a pedestrian accident, the legal help of our experienced attorneys may be crucial to finding and securing vital pieces of evidence for your claim. Contact our team at Bordas & Bordas today to learn how we can assist you in your pedestrian injury case.