Pennsylvania motor vehicle litigation / Dale G. Larrimore.
Series: Pennsylvania motor vehicle series
Publisher: West Group
Published: 1999
Place of publication: [St. Paul, Minn.]
Language: eng
Subjects: Liability for traffic accidents -- Pennsylvania -- Trial practice.
First sentence: Virtually every attorney representing individuals is faced, at one time or another, with questions about motor vehicle accidents.   Attorneys handling injury claims, or even attorneys in any type of general practice of law, are frequently faced with clients who suffer damages from an automobile crash.  Our society is dependent upon automobiles; and invariably two vehicles come together with resulting property damage and injuries to the parties involved.  According to recent statistics from the United States Department of Transportation National Highway Traffic Safety Administration, there were over 11 million accidents on our nation’s highways in a recent year, with 6,764,000 of those accidents resulting in injuries to our citizens.
	Twenty years ago, in the initial text on the motor vehicle insurance laws in Pennsylvania published by the Pennsylvania Trial Lawyers Association, David S. Shrager wrote:

		“In retrospect, it is not surprising that the 1960's witnessed a veritable onslaught on the adversary system.  The explosion in the number of automobiles on the highway generated an increase in motor vehicle accidents at a geometric rate.  Each year more deaths resulted on the highway then American lives were lost in the entire war in Vietnam....consumer awareness, combined with an increasing number of members of the trial bar and an increase in their skill spilled tens of thousands of cases into the litigation process.  A badly understaffed judicial system simply could not keep abreast of a growing case load, particularly in the urban areas...Automobile insurance rates increased at a rate that could not be explained simply as a function of inflationary forces...And so, the attack on the adversary system and even on the Bar, was tempting.  The system was described as costly, inefficient, wasteful and slow.  Thus, did the assault on the common law citadel of tort law proceed apace”

	Little has changed in the last twenty years.  Motor vehicle accidents continue to cause far too many injuries and deaths of our citizens.  The attack on our adversarial system continues.  There is an ongoing effort to reduce or eliminate the common law rights of victims to recover for their injuries in this Commonwealth.  It is up to us, as trial lawyers, to work to preserve and protect the rights of the innocent victims of traumatic accidents, and work for them to insure that they receive an fair and adequate recovery for their injuries.   
	During the last quarter century, there have been numerous changes to the motor vehicle insurance laws in Pennsylvania.  There have been revisions to the Rules of the Road and substantial changes in laws such as those controlling drunk driving.  In spite of efforts to make our highways safer, people continue to get hurt in alarming numbers.  
	In 1990, motor vehicle crashes in this country injured 2.2 million people, with 44,500 fatalities.  These crashes caused a total financial loss of $137.5 billion.  In this decade, vehicle crashes have been the fourth leading cause of death in the United States, after heart disease, cancer and strokes.   In 1997, while the number of people killed in motor vehicle crashes in the United States was reduced slightly to 41,967, the number injured has increased to 3.4 million, and the total economic cost of these crashes was estimated at $150.5 billion.  It is obvious that motor vehicle accidents continue to plague the citizens of our country and it is the trial lawyers in America who must exercise vigilant advocacy skills to see that the innocent and injured victims of those vehicular crashes are adequately represented.
	This book is intended as a resource guide for the attorney handling a motor vehicle accident claim.  From the initial interview with the client, through investigation of the accident, through negotiation and possible settlement, through litigation via arbitration or trial, this text is designed to be a “soup to nuts” tool that an attorney can utilize to properly represent a client with an injury claim from an automobile accident.  Even with our mandatory continuing legal education requirements, it is sometimes a challenge to remain current on the most recent decisions from our appellate courts.  Not only must trial attorneys maintain our awareness of the many changes in the Rules of Evidence and Procedure which control the litigation of claims, but it is important that we learn to investigate and pursue all possible sources of recovery for our clients.  Hopefully, this text will stimulate you with some new thoughts and ideas and aid in maximizing the recovery you make for your client.
Description: This comprehensive practice guide offers step-by-step procedures for motor vehicle accident cases of all types and levels of complexity. Contains extensive citations and information resources, including public records, official documents, Internet addresses, and insurance policies. Provides advice on which cases to take or refer and how to evaluate injuries and potential damages. Offers practice tips and discussions on negotiating for maximum recovery, using compulsory arbitration effectively, responding to requests for an independent medical examination, countering and challenging a defendant’s medical evidence, claims against nondrivers, claims exceeding insurance limits, jury selection, nonjury trials, appeals, and more. Includes model forms.
Notes: Includes bibliographical references and index.
Table of contents: title: Developing the Case
pagenum: 1-1
label: A.; title: Litigation of the Claim
pagenum: 9-1
label: B.; title: Common Pleas Arbitration
pagenum: 12-1
label: C.; title: Trial
pagenum: 14-1
label: D.