Category Archives: car accident lawyer in Philadelphia

Who Is Really At Fault In Car Accidents Involving Pedestrians?

Car Accidents

Do you want to know the real score on who is really at fault in car accidents involving pedestrians? Imagine yourself or a loved one being involved in a car accident but as a pedestrian. What are your legal options when this unforeseen incident happens and left you badly injured?

Below are some issues you need to be aware of the lawsuits on car accidents where a driver and pedestrian are concerned including the role of a car accident lawyer Philadelphia.

Who is really to blame for pedestrian accidents?

This is a crucial question that a pedestrian must address before making a final decision whether to file a car accident case or not after being hit or struck by a moving vehicle. The following concerns must be given a straightforward answer:

  • Is the vehicle involved tried to beat the red light?
  • Was the driver under the influence of liquor or doing something else like using a mobile device?
  • Have you forgotten to check on the traffic light sign and decided to walk?
  • Could either you or the driver concerned have prevented this accident from happening?

In most cases of car accidents involving pedestrians, a pedestrian according to a lawyer in Philadelphia could get compensation in a car accident case if the driver is at least partially at fault. But, if the pedestrian is unmindful of the surroundings or busy texting or talking on his or her mobile phone while trying to cross a pedestrian lane and the driver could not do anything right at the moment, there is a little chance that the pedestrian will win this case.

On the other hand, in a different scenario of a car accident involving a pedestrian, if there is more than one driver involved in this bad incident, who can be blamed? For example, Driver A beat a red light while Driver B had a green light and swerve to avoid making a collision with the vehicle of Driver A. But, this sudden swerve led to Driver B losing control and accidentally hit a pedestrian in the name of Dennis. Can Dennis sue both drivers involved in this accident? Drive B though not fully accountable for this accident is also viewed to be contributory because he or she failed to take control of his or her vehicle after the swerve. Driver A under a car accident case may be compelled to pay the biggest amount of damages filed.

What damages can a pedestrian claim?

If the car accident involving a pedestrian happened within Philadelphia, the damages that can be covered when the legal representative of the injured person files a car accident case are:

  • Medical expenses that will cover both the present bills as well as future expenses that may arise while the injured pedestrian is under the recovery stage.
  • Loss of earnings due to the inability to resume work.
  • Pain and suffering can also be part of the damages.
  • Loss of interest to do the things the pedestrian used to love prior to the car accident.

Who to turn for professional advice if confused where you should file a pedestrian-car accident case?

Another question that will haunt an injured pedestrian is, “Who can really shed light after this car accident?” If the accident occurred in Philadelphia, contacting a local legal representative like a lawyer in Philly could be the only option for now and find out if your pedestrian accident can proceed to a lawsuit.

Common Car Accident Law Questions & Answers

One of the leading causes of injuries in the United States while on the road is a car accident. There are about 6,500,000 car accidents reported annually, some 3 million individuals reported injured while around 42.500 are reported dead. So, if you fear that one of these days you or a loved one will become involved in a car accident, here are the top questions with corresponding answers covering car accident law.

Question #1 – What must I do if I had a car accident?

Answer:

I know it’s overwhelming to be involved in a car accident. But, according to an experienced car accident lawyer in Philly, you need to remain cool even at this stressful moment. Among the things that you need to do right away is check if you are seriously injured and immediately call 911 for medical and police assistance.

Question #2 – Shall I move my car on the side of the road?

Answer:

If your car hasn’t suffered major destruction, drive it to the side of the road to reduce the cause of traffic. If you are severely injured, better wait for the medical team or police to move your car. If you can still manage to get photos of the car accident, then, do so to have evidence. Photos also come very useful in the event you decide to file a car accident case because Philadelphia car accident lawyers would normally ask for proofs like photos of the car accident.

Question #3 – What are the vital details should I get from the other driver?

Answer:

When you are involved in a car accident it’s a standard procedure to ask the other driver’s license, current address, phone number (home and work), and car registration number. You can also ask about the name of his or her employer, insurance provider name, and phone number as well as his or her insurance policy number.

Question #4 – Shall I call the police if it’s only a minor car accident?

Answer:

Police officers don’t make official reports on minor car accidents. If you have been involved in a minor accident, it’s still a wise move to call the police to check on the scene. Be sure you and the other driver exchange contact details including witnesses.

Question #5 – How soon must I consult a legal representative?

Answer:

If you are seriously injured from a recent Philadelphia car accident or a loved one died due to this incident, you should consult any of the Philadelphia car accident lawyers for legal advice on what to do next. A knowledgeable car accident lawyer is Philly knows the rules that may cover your car accident case, especially when you are already dealing with your insurer or adjuster regarding your compensation claims.

Question #6 – What are the types of losses can I file as a compensation claim?

Answer:

You can be entitled to monetary damages for all the losses you incurred in the car accident like medical expenses, loss of earnings, expenses to repair, or replace the car including the emotional damages that you feel (pain, suffering, or depression after the death of a loved one).

Question #7 – Do I need to pay Lawyer an upfront fee?

Answer:

Most of the Philadelphia car accident lawyers don’t ask for upfront fees for their legal services. They usually work on a “contingency fee basis” agreement with their clients. This means that the hired lawyer will shoulder or share the fees until a favorable verdict is granted by the court. In the event you lose the case, you don’t have to pay legal fees.

Should I get an attorney after a car accident? Free Consultation

Auto manufacturers are adding lots of tools to their cars which are designed to make it easier for motorists to interact with technology while driving. Often called infotainment systems, these in-vehicle systems let motorists talk to their cars and use their cell phones hands-free. The hope is that these systems will reduce the number of drivers who are looking at and holding their phone while driving, or who are looking at and entering data into GPS devices while driving.

Unfortunately, there is some evidence to suggest that these in-car tech tools aren’t helping and are actually hurting efforts to bring down distracted driving accident rates. Most troubling has been the major increase in car accidents.

Learn more about Car Accident Lawyers in Philadelphia.

National Highway Traffic Safety

Administration recently released two part guidelines related to in-car technologies like infotainment systems. The guidelines were intended to address the safety of these systems and the anti-distraction features which can be implemented. Part I of the guidelines addressed the built in systems in cars and Part II addressed integration of aftermarket electronic devices. The hope is that by making these systems work in a way that is focused on safety, crashes due to technology can start to decline.

Something clearly needs to be done to reduce the number of car accidents occurring due to distracted driving. New York Times indicates a 10.4 percent rise in car accident deaths in the first six months of 2016, compared with the first six months of 2015. With a total of 17,775 people dying in car accidents between January to June of 2016, this was the biggest year-to-year jump in deaths in the past 50 years. Tech is a big reason why this happened, as National Safety Council estimates about 26 percent of all car accidents today involve drivers using phones.

Unfortunately, the idea that in-vehicle infotainment system is going to solve this problem is likely a flawed idea. These hands-free systems may allow drivers to keep their hands on the wheel but they don’t actually stop drivers from being distracted. A driver who is on the phone could miss as much as 50 percent of what is going on around him, significantly increasing crash risks- even if his hands are on the wheel. The brain simply is not able to multitask, so information gets lost when a driver is focused on his phone call. Further, as the president of the National Safety Council warned, these in-car tech systems may actually be encouraging motorists to interact even more with their phones.

No amount of distraction is safe for drivers, and the only way to help bring down the death rate in car accidents, rather than the number of fatalities continuing to rise, is for drivers to stop using their phones and actually pay attention to the road. If a driver fails in that, the driver must be held accountable for the tragic consequences of his actions.

Trucking Accidents In PA: All Too Common

Truck Accidents in Pennsylvania

Commercial trucks are often called as heavy transport vehicles, tractors trailers, big rigs, and 18-wheelers. These heavy duty vehicles on the road play a major role in the economy of the United States, particularly in transporting goods all over the national highway system. These trucks also share the roads of Pennsylvania with other smaller transports like cars where accidents can occur anytime.

The mandated legal weight limit for commercial type vehicles like trucks is approximately 80,000 pounds which are 16 times heavier than an average size transport vehicle. The trucks’ length does vary with the average length of over 70 feet.

When these heavy transport vehicles become involved in road accidents, the aftermath could be horrifying and at times leading to loss of lives or serious physical injuries according to car accident lawyer in Philadelphia.

Truck Crash Statistics at Pennsylvania

Pennsylvania ranked sixth based on state population with over 12,742,866 from the 2011 U.S. census report.  Pennsylvania is also 6th in ranking when it comes to traffic related deaths according to the 2010 survey. In fact, the truck accidents totaled to 5,846 in the state of Pennsylvania in 2010, with 145 fatal. In 2011, 6,346 truck accidents were reported in this state with 145 deaths. This is indeed a 7.9% increase in truck crashes in the state which is alarming. Based on the gathered data from the Insurance Institute for Highway Safety, most of the fatalities involved trucks with 97%.

Truck Safety in Pennsylvania

According to the Pennsylvania Truck Association, the trucking industry here is the fourth largest employer with an estimated 418,260 employees. The trucks transport in and out of the state an average of 1.2 million tons of freight per business daily operation.  Based on the Highway Report card surveys, the roads of Pennsylvania is among those with worst roads in America, plus the fact that this state has the two dangerous intersections; the Red-Lion Road and Roosevelt Boulevard and the Grant Avenue and Roosevelt Boulevard.

Common Causes of Truck Accidents in Pennsylvania

Among the reported common causes that led to trucks to serious accidents while on the road are:

  • Fatigue due to long hours of driving
  • Speeding
  • Aggressive driving (tailgating)
  • Driving while under the influence of drugs or alcohol
  • Use of mobile phones while driving
  • Not checking the road worthiness of the truck like malfunction brakes or worn out tires

What to do if you have become a victim of a truck accident that led to your serious injury or loss of a loved one?

If you are a victim of a truck crash accident in Pennsylvania and would like to know if you are entitled to compensation claim or can file a lawsuit, the immediate action you can do for now is contacting any of the members of the top performing Philadelphia car accident attorneys and book a private consultation. Remember, you don’t have to fight alone, get the help of a car accident lawyer in Philadelphia. Learn more about the validity of your case and how you can recover from your sufferings and losses.