Comedian Tracy Morgan’s collision with a Walmart tractor- trailer, killing one passenger and injuring four in a six car chain reaction crash, on the New Jersey Turnpike in Cranbury, N.J, at one AM June 7, 2014 underscores the necessity for effective truck driving regulation and personal injury representation for catastrophic accidents.
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Fresh analysis of automobile accidents and collisions by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) attests to high economic costs and pervasive social impacts of motor vehicle collisions. “The price tag for crashes comes at a heavy burden for Americans at $871 billion in economic loss and societal harm.
Recently, the Supreme Court of Pennsylvania allowed the Superior Court decision in Pisano v. Extendicare Homes to stand, which maintained that a person residing at a nursing home may sign a binding arbitration agreement to keep claims on his behalf out of the court system but still allowed the deceased’s family a right to a trial through its Wrongful Death Action.
In Pisano v. Extendicare Homes, Vincent Pisano allegedly died as a result of the care or lack of care he received at the nursing home he was staying in. When Vincent first arrived to the nursing home, his daughter, legally acting on his behalf, more or less signed a contract agreeing that all legal matters arising from Vincent’s stay would be confined to arbitration and not a trial.
Black’s Law Dictionary defines ARBITRATION as “the investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called “arbitrators,” or “referees.”
In most cases, an action premised on torts or accidents is based off of the negligence of another. Negligence can also be referred to simply as carelessness. To have a successful lawsuit under a negligence action, you must be able to prove four things:
