The majority of traffic accidents occur as a result of driver error, but that is not always the case. In some instances, defective roads can play a significant role in collisions that result in injuries, property damage, and even fatalities. If you have been in a Pennsylvania car accident that occurred because of road issues, the best thing you can do is hire defective roadway accident attorneys for help.
At Wapner Newman Attorneys at Law, we have decades of experience helping people throughout Pennsylvania recover losses after car accidents. By hiring experienced defective roadway accident lawyers, you can get coverage for the medical bills that may be rapidly multiplying.
Why Choose Us?
Defective Roadway Accident Attorneys Offering Experienced Representation
The complexities of Pennsylvania insurance policies in relation to traffic accidents make it essential for anyone who has been in a car accident to hire a personal injury lawyer. At Wapner Newman Attorneys at Law, our defective roadway crash attorneys have decades of experience helping people who are struggling with injuries, property damage, and all manner of trauma. Our firm can help by:
- Providing a free consultation
- Assessing your claim and advising you of your rights
- Investigating the accident
- Gathering evidence to corroborate your claim
- Negotiating with insurance companies
- Advocating for you in court.
We provide compassionate representation that is focused on your needs. You are not just another case to us but a client who deserves respect and fair compensation. Our lawyers can help.
Call us at (215) 569-0900 to speak with one of our defective roadway accident attorneys about your claim.
Can You File a Lawsuit After a Defective Roadway Accident?
Understanding Liability and Your Rights
For traffic accidents, Pennsylvania functions as a choice no-fault state, which means you have a choice in the kind of insurance policy you have. If you go for a limited tort policy, you claim damages from your own insurance company after an accident, regardless of who was at fault. You can only claim economic damages, however, unless you suffer a serious injury or there is a wrongful death.
If you have a full tort policy, you can file a lawsuit against the at-fault party just as you would in an at-fault state. This means you can get compensation for economic and non-economic damages, no matter what kind of injuries you suffered. In a full tort policy, though, you do have to establish liability, which means demonstrating negligence.
This is complex enough to do when there is another driver involved, but what happens if the road itself led to the accident? In Pennsylvania, roads are the responsibility of individual municipalities and the state, which means filing a suit against them. To do that, you need to hire a defective roadway crash lawyer.
In most instances, filing a suit against the Commonwealth of Pennsylvania and other government entities is forbidden under the state’s Sovereign Immunity Act, but there are exceptions. If the road has potholes, sinkholes, or other damage that makes it dangerous, the Act does not apply. The government can be held accountable in those instances.
If you have a full tort policy or if your injuries are severe enough to allow you to pursue a lawsuit with a limited tort, you have to demonstrate that the government is liable. You do this by establishing there was a duty of care that they breached and that you suffered injuries for which you can be compensated as a result of that breach. Because this can be complicated when dealing with government entities, the best option is to hire a defective roadway collision attorney.
Our defective roadway accident attorneys have over 40 years of experience helping the people of Pennsylvania recover losses.
Damages You Can Claim After a Defective Roadway Accident
Whether you have a limited or full tort policy, you can claim economic damages. These compensate you for the financial losses you sustained because of the accident. You can get coverage for medical expenses like hospital bills, medication costs, the purchase of devices, and more. If your injuries require ongoing medical care, you could get coverage for that, too.
Lost wages are another type of economic damage you can claim. After a car accident, you likely have to miss work to heal. That results in lost income. Recovering lost wages compensates you for commissions, salaries, bonuses, and even vacation and sick days you would have received if the accident hadn’t happened. If your injuries prevent you from returning to work in the same capacity, you can also receive compensation for that.
For people with full tort policies or those who suffered severe injuries and can file a lawsuit against the at-fault party, it is also possible to claim non-economic damages. These focus on compensating you for non-financial losses. Pain and suffering is one of these, as is loss of enjoyment of life. If a loved one died, you can claim loss of consortium, which compensates you for the loss of support and companionship you have experienced.
In the most egregious of cases, punitive damages may be available. They are rare, however, and are even more so when filing lawsuits against government agencies.
Why Defective Roadway Collision Lawyers Are Crucial
When dealing with the government, you need to have experienced lawyers by your side. You can expect the Commonwealth to have a strong defense, and if you do not have representation, you could easily lose your lawsuit.
Even if you choose to only file a claim with your insurance for economic damages, you need help. Insurance companies will do everything possible to keep from compensating you, and that can include trying to bully you into dropping the claim or making a low offer and pushing you to accept it. With the help of a Pennsylvania lawyer for defective roadway accidents, you can focus on healing and leave the stressful job of negotiating with insurers to us.
Something else you should keep in mind is that you do not have an unlimited amount of time in which to file the claim. That is especially important if you file a lawsuit against the government. Most people assume they have two years from the date of the accident, just as they would with any other car accident claim, but that is not the case. You only have six months to present a written notice of your intent to file a lawsuit when dealing with a government agency. An attorney for defective roadway accidents will ensure you meet the deadline.
Defective Roadway Accident FAQs
Have you been in a Pennsylvania car accident that was the result of a defective roadway? Learn more about the process of filing a claim.
Can I file a defective roadway accident claim alone?
Although you are not required to have a lawyer when filing a claim, it is in your best interests to do so. You do not want to tackle a lawsuit against the government alone, and even dealing with your own insurer can be difficult if you do not have experience doing so. Your best option is to rely on a lawyer for defective roadway crashes.
How much is my claim worth?
Each claim is unique, so it is important to contact our team of lawyers for a consultation. During this initial meeting, we will assess the accident, your injuries, and any other factors that can impact your compensation. That will allow us to give you a better idea of what you may be able to recover.
How long do I have to file a claim after a defective roadway accident?
If you are filing a claim with your insurance, you have up to two years to do so, though it is always better to file as soon as the accident occurs. The clock starts on the date of the accident, unless you didn’t discover your injuries until later, in which case, the time starts on that date. If the government was responsible for the accident because they were negligent in maintaining the roads, you only have six months to file a written notice that you are planning on suing for damages.
Do you charge upfront fees?
At Wapner Newman Attorneys at Law, we do not charge fees up front. We work on a contingency fee basis, so we get a percentage of the winnings you receive. If we do not win your claim, we do not get paid.
Our team of attorneys for defective roadway crashes can answer any other questions you have. We are just a phone call away.
Hire Experienced Defective Roadway Accident Attorneys
A car accident can leave you with all types of injuries and property damage. You could find yourself struggling with a long-term disability or emotional trauma that makes it difficult to live your life like you did before the accident. To get compensation for your losses, rely on experienced lawyers for defective roadway collisions.
At Wapner Newman Attorneys at Law, our team can help you understand your rights and guide you throughout the entire process of filing the claim. You can get the support you need when you choose our team.
Contact Wapner Newman Attorneys at Law by calling us at (215) 569-0900.