Philadelphia Car Accident Lawyer

Philadelphia Car Accident Lawyer

Safety features such as anti-lock brakes and air bags have prevented many car accidents and minimized the risk of injury for drivers. But even though cars may be safer than they’ve ever been, crashes happen every day – and, usually, driver error is a contributing factor. People who drive in a dangerous or irresponsible manner and cause an accident that injures other people can be found liable.

If you’ve been injured in a car accident and believe another driver is to blame, the experienced and compassionate Philadelphia car accident attorneys at Wapner Newman can help. We offer a free consultation to discuss the facts of your individual situation and determine what we can do to ensure that you receive the best settlement possible. Call a seasoned car accident lawyer today for a no-obligation consultation, at (215) 569-0900.

Causes of Car Accidents

New drivers may make mistakes behind the wheel, simply because they lack driving experience. In general, though, many driving errors can be traced to inattention, recklessness, and dangerous behaviors like driving under the influence of drugs and alcohol.

Car accidents come from a wide range of causes, some avoidable, some not. Here are a few of the more common causes:

Distracted driving

This includes things like texting while driving, adjusting the radio, or pretty much anything other than paying attention to the road.

Drunk driving

Alcohol can kill. Drunk driving rates have declined in recent decades, but alcohol is still a factor in nearly one in three road fatalities.

Speeding

It’s easy to start speeding when you’re in a hurry. Once you’ve started speeding, it’s easy to get stuck in the habit. Speed limits exist for a reason. Roads are designed to support vehicles driving at a certain speed. Getting where you’re going is more important than getting there fast.

Rain, snow, fog, and inclement weather

Rain and other bad weather leads to reduced visibility, hydroplaning, and many other factors that make crashes more likely.

Running red lights

Red lights are there to make sure we all get where we’re going in one piece. Just like with speeding, remember it’s better to get there alive than it is to get there fast.

When to Consult a Philadelphia Car Accident Lawyer

Even if you think your injuries are minor, you should consult an experienced Philadelphia car accident attorney as soon as possible to determine whether you are entitled to compensation. Pennsylvania has a statute of limitations after which you may no longer file a lawsuit.  Evidence from car accidents evaporates quickly, and witnesses forget what happened or disappear.  Make sure you find out whether you have a case by contacting a Philadelphia car accident lawyer at Wapner Newman today at (215) 569-0900. We help clients across Pennsylvania and New Jersey

Single-Car Crash

There are some cases where an individual can sue after a single-car crash:

Passengers can sue a negligent driver. If you are a passenger in a vehicle whose driver causes an accident that injures you, you can file a claim for personal injury against the driver. If the driver is an employee of an organization (such as a taxi company or public transit company), you can file a case against the organization.

Occupants can sue a negligent party after a car accident. If another party’s negligence led to an accident, you can file a case against them. For example, if a mechanic does bad repairs on your brakes, leading you to crash into a wall, you would have a case against them. Other possible candidates for cases like this include organizations (like city governments) responsible for maintaining roads in reasonable condition.

In Pennsylvania, more crashes involved a single vehicle hitting a fixed object, such as a tree or guide rail, than any other type.

Factors that can cause or contribute to these types of car accidents include:

• Distracted Driving
• Drunk Driving
• Speeding
• Reckless Driving, running red lights or ignoring stop signs
• Rain, snow, storms, night driving, and poor visibility
• Design defects and failures of the vehicle and its parts
• Bad road conditions
• Dangerous construction zones
• Pools of water or ice patches
• Poorly placed signs.

7 Bad Habits of Drivers

What Are Our Car Insurance Laws?

Drivers in Pennsylvania have the option of choosing between “full tort” and no-fault “limited tort” coverage. For limited tort, your own insurance company should pay for all reasonable and appropriate forms of medical care, up to the limits of your policy.  However, you are prohibited from suing unless the accident resulted in “serious injury” that results in death, serious impairment of body or permanent serious disfigurement.

If you are using your own insurance company under the no-fault system, you can recover only economic damages for expenses like car repairs or replacement, medical and rehabilitation costs, and lost wages due to missed work. If your injury allows you to go beyond the no-fault limitation or if you have the more traditional “full tort” coverage, you have the option of suing the driver whose negligence caused the accident. If you win a lawsuit, you can recover both economic damages and noneconomic damages, which cover less tangible losses such as physical pain and suffering, emotional distress, loss of life’s enjoyment and mental anguish.

Laws Related to Car Accidents

There are specific Pennsylvania laws that could affect your car accident case:

Statute of Limitations

The statute of limitations for Pennsylvania sets a two-year limit for personal injury cases of this kind. That means you have two years after your accident to file a lawsuit. After that time passes, you will no longer be able to file. So if you’re thinking about filing, remember you’re working under a time limit, and it’s better to start this process sooner rather than later.

Comparative Negligence

Pennsylvania is a “comparative negligence” state. This means that you can still receive partial damages for your accident, even if the accident was partially your fault. For example, if the court finds you were 10 percent at fault for the accident, while the other driver was 90 percent at fault, you could receive 90 percent of the damages you’d otherwise receive. However, if the court finds you are more than 50 percent at fault, you can’t receive any damages.

Pennsylvania has a Fair Share Act that limits the ability of the injured party to recover damages in full from defendants who are partially at fault, particularly in cases where there are multiple defendants. Plaintiffs can recover damages in full from defendants who are at least 60 percent responsible for a car accident, but those less than 60 percent responsible can be held liable only for their actual share of the total damages.

Dealing With Insurance Adjusters

If you have been in a car crash in Pennsylvania, remember that an insurance adjuster is not your friend.   Their job is to save the insurance company money, so they will attempt to get you to settle your accident claim quickly and for the lowest amount possible. Adjusters know that people often are vulnerable after an accident and fear going to court, and they may therefore accept a low offer.

Insurance companies have resources that include expert legal advisors, and it is difficult to fight this on your own.  To make sure you get the settlement you are entitled to, consult a Philadelphia car accident attorney before speaking to an adjuster.

Adjuster Strategies

The following are some strategies companies use to pay you less:

• Using experienced adjusters. The more money your claim is worth, the more experienced the adjuster will be who is assigned to you.  Less experienced adjusters are assigned to lower-valued cases.
• Taking advantage of your condition. Adjusters will try to get you to settle while you are weak, not thinking clearly, and even while you are still in the hospital. Refuse to talk to them until you are feeling better and are not under the influence of pain medication.
• Trying to get you to make damaging statements. Adjusters know how to get you to admit things that may hurt your case. Do not allow them to record conversations — anything you say may be used against you.
• Using your medical history against you. Adjusters examine your medical records to try to find previous injuries they can claim were the reason for your current problems, not the accident.
• Telling you not to use an attorney. Adjusters try to keep you from hiring a car accident lawyer by claiming the fees would cost you more in the long run. In reality, having an attorney handle your case will let the insurance company know you are serious and have a legitimate claim with a high value. An attorney can keep you from making mistakes and get you a larger settlement.

In addition, consider the following tips when dealing with insurance companies:

• Do not feel obligated to say anything to the adjuster that you do not feel comfortable saying.
• Do not volunteer information that is not relevant or required.
• Be thorough in your documentation of expenses.
• Do not under-value your costs.
• Do not accept a settlement that is inadequate or be pressured to settle more quickly.
• Get an experienced and reliable car accident lawyer to prove that you deserve compensation and to deal with adjusters and attorneys working for the insurance company.

Car Crash Trends

Pennsylvania has been collecting crash information since 1935, and data indicates the roads have gotten safer over time. In 2014, the number of reported crashes was the fourth lowest since 1950, and the crash fatality rate was the second-lowest ever recorded. Alcohol-related crashes have decreased over time; however, even though they accounted for just 9 percent of crashes in 2014, they caused 28 percent of crash fatalities. Among drivers ages 21 through 25, 43 percent of fatalities were drivers who had been drinking.

Alcohol-related crashes result in billions of dollars in damages in the United States every year, much of which stems from the loss of lives. It’s clear that, despite the known dangers of drinking and driving, many people do it anyway, putting themselves, their passengers, and other motorists at risk.

Client Testimonial

”In February 2018 I was in a car accident and wanted to speak to a lawyer regarding my options since I sustained a pretty serious injury. I was referred to Adam Getson by a previous coworker and will forever be grateful for the referral. Adam and his team were very responsive with my worries or questions, they handled everything professionally but in a warm manner and fought for what was right for me. In the end I was beyond satisfied with the settlement Adam and his team won for me. If I am ever in need of a lawyer again I will no doubt call Adam.” – Elizabeth (Google Review)