News & Analysis as of

Car Accident Pedestrian Accidents

Marshall Dennehey

Superior Court Re-affirms that an Adjacent Landowner Owes No Duty to Those Utilizing Roadway.

Marshall Dennehey on

Kistler v. Dietrich, 303 A.3d 168 (Pa. Super. 2023) - The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees to illegally park on...more

Marshall Dennehey

Dashboard Camera Video Footage Evidence Used to Affirm Motion for Summary Judgment

Marshall Dennehey on

O’Neal v. Allstate Insurance Co., 2023 WL 4704684 - In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Pedestrian Accident Case

Pedestrian accidents often result in serious injuries—and these injuries can leave victims facing significant losses. From medical bills to lost earnings, the financial costs alone can far exceed what most people can afford....more

Searcy Denney Scarola Barnhart & Shipley

Who To Sue If a Pedestrian is Hit By a Commercial Vehicle

Getting hit by a commercial vehicle can be a life-altering experience. Not only can the financial costs be overwhelming, but your pain and suffering and the other non-financial effects of the accident can impact all aspects...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability After a Florida Pedestrian Accident

If you’ve been injured in a pedestrian accident, it may be fairly obvious to you that the driver who hit you is to blame. But, to recover the financial compensation you deserve, you must be able to prove liability....more

Marshall Dennehey

Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform

Marshall Dennehey on

DeRose for Estate of DeRose v. DoorDash, Inc., 2023 WL 3840655 (E.D.N.C. Jun. 1, 2023) - The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash,...more

Marshall Dennehey

The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident

Marshall Dennehey on

O'Neal v. Allstate Ins. Co., No. N22C-03-226 MAA, 2023 WL 4704684 (Del. Super. Ct. Jul. 21, 2023) - In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street...more

Marshall Dennehey

Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action,...

Marshall Dennehey on

Kerns v. Hale, 2023 WL 2820467, No. 21-CA-3970 (Ohio App. Apr. 4, 2023) - This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly...more

Ward and Smith, P.A.

Pedestrian Accidents in North Carolina

Ward and Smith, P.A. on

According to the National Highway Traffic Safety Administration, in 2020, car wrecks involving pedestrians caused the deaths of 6,516 pedestrians, amounting to one death every 81 minutes....more

Searcy Denney Scarola Barnhart & Shipley

The Most Common Types of Personal Injuries in Florida and How to Prevent Them

Being injured by another’s negligence carries the risk of serious harm. A personal injury victim can be forced to miss time from work, to undergo extensive medical treatment, and to suffer emotional distress. Anyone who has...more

Morris James LLP

What Compensation Can I Get if I am Hit While Walking or on a Bike or Golf Cart?

Morris James LLP on

In 2021, more pedestrians and cyclists were killed in traffic accidents in the U.S. than in any previous year, with 7,342 pedestrian deaths. The injuries that you might sustain if you are hit by a vehicle as a pedestrian,...more

Morris James LLP

You’ve Been Hit By a Car While Walking or Riding - What Should You Do?

Morris James LLP on

Delaware is one of the deadliest states in the country for pedestrians, according to a recent study of federal data. It ranks as the fifth most dangerous state for pedestrians, and statistics show that the number of...more

Michigan Auto Law

Pizza delivery driver accident with pedestrian case dismissed

Michigan Auto Law on

Pizza delivery driver’s bad brakes don’t slow down court from blaming pedestrian injured while trying to cross the street - A pedestrian doesn’t stand a chance of getting justice in Michigan – even when the delivery...more

Patrick Malone & Associates P.C. | DC Injury...

Though the pandemic curtailed vehicle travel, pedestrian fatalities skyrocketed

Although Americans drove far fewer miles in 2020 due to the coronavirus pandemic, the pedestrian death rate skyrocketed nationally, with blacks, Latinos, and Native Americans dying in disproportionate numbers when struck by...more

Patrick Malone & Associates P.C. | DC Injury...

Though the pandemic curtailed vehicle travel, pedestrian fatalities skyrocketed

Although Americans drove far fewer miles in 2020 due to the coronavirus pandemic, the pedestrian death rate skyrocketed nationally, with blacks, Latinos, and Native Americans dying in disproportionate numbers when struck by...more

Searcy Denney Scarola Barnhart & Shipley

Accident Prevention

Even if you have done everything in your power to maintain your vehicle, drive safely, and protect passengers from harm, it is not always possible to prevent death or serious injury from an unexpected vehicle crash. NEW...more

Holland & Hart - Your Trial Message

Identify the Four Tracks of Personal Responsibility

The divisions in this country are not just political, they also relate to attitudes toward responsibility. In a survey and study that Persuasion Strategies conducted this past month (July, 2019), we asked respondents about...more

Michigan Auto Law

How the Michigan No-Fault Law Applies to Pedestrian Car Accidents

Michigan Auto Law on

Michigan’s new No-Fault auto insurance law, which took effect on June 11, 2019, affects car accidents with pedestrians in a very specific way. Even if you own a car, at one time or another we’re all walking around on foot....more

Searcy Denney Scarola Barnhart & Shipley

What Is Causing a Dramatic Increase in Pedestrian Deaths?

Now that the nation has sprung forward to observe Daylight Saving Time, a ray of hope lies ahead for fewer pedestrian deaths on U.S. roadways. Longer days and shorter nights mean more visibility for motorists and for those on...more

NAM (National Arbitration and Mediation)

Why Mediation? 5 Personal Injury Case Studies

The perspectives of plaintiffs and defendants in personal injury cases are inherently different – both sides have an interest in resolving their disputes quickly, while attempting to get the best possible results for their...more

Michigan Auto Law

Are stores liable for car crashes and pedestrians hit by cars in parking lot crosswalks?

Michigan Auto Law on

Court rules in Bay County case involving TBI car crash victim in a Menard’s parking lot crosswalk that stores do have legal duty to protect ‘safety zone’ - Parking lots are more dangerous than you might think. Hundreds of...more

Patrick Malone & Associates P.C. | DC Injury...

You Should Know - May 2017

Bikers, Walkers Threatened By Increase In Distracted Driving - April showers have given way to May flowers, encouraging walkers and bicyclists to get out and enjoy the weather. Long walks and leisurely bike rides can be...more

Carlton Fields

Court Rejects Attenuated Argument of Automobile Insurer Liability

Carlton Fields on

Just how attenuated is too attenuated for a driver’s conduct outside the vehicle to be covered by the auto policy covering the vehicle? In Hough v. McKiernan, the Supreme Court of Rhode Island drew the line at about...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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