ClickCease

Category Archives: car accident lawyer in Philly

All You Need To Know About Employer Liability In A Car Accident Case

Car Accident

Do you want to know who will be held liable in a car accident case if an employee is at fault? This is a critical issue, especially if the car accident occurred while the employee is driving a company vehicle. Determining who is really accountable if this car accident case happened in Philadelphia must be put under the expertise of an attorney specializing in car accident cases. Let me give you a quick brief on what you need to know about employer liability in a car accident case.

What are the reasons an employer is held liable?

There are at least two major reasons when an employer is held fully liable for a car accident case involving an employee.

 

  • Negligence of the employer

 

One of the grounds where employer liability will be ruled out is due to the employer’s negligence. For example, if the employer hired a company driver, but didn’t do the necessary screening and compliance of strict requirements like ensuring that the only an applicant holding a commercial license driver must be considered for the job and instead hired anyone claiming he or she is a good driver.

 

  • Negligence in supervision

 

Another scenario that can be used against an employer and be held liable for an employee accident is negligence in supervision. For example, regular check-ups of transport vehicles must be done before a company driver must be allowed for dispatch, but, due to the strict deadlines on deliveries the employer requested immediate dispatch without checking if the vehicle is in good condition to travel and resulted to a major car accident, the employer can be sued for negligence.

 

  • Vicarious liability

 

The attorney with a solid background on car accident cases knows when a vicarious liability can be filed to an employer regardless of the incident that happened in Philadelphia or another state. Vicarious liability under the doctrine of the law states that the actions of an agent are the same with the actions of the principle directing the agent. Let me give you a clearer explanation for this matter, the employer here is referred to as the “principle” and the agent is the “employee”. So, for this rule, if the agent (employee) is a task to do something and the command is derived from the employer if an accident happened at the time of the task, the employer is held responsible or liable. On the other hand, there is an exception to this rule where an employer isn’t held accountable for an employee’s accident if the bad decision or bad act of the employees is the real cause. A good example where an employer isn’t held liable is when an employee is requested to buy supplies, but when going back to the office decided for a quick snack at a nearby café and was hit by a car.

Do You Need Expert Legal Advice To Resolve Your Car Accident Case In Philadelphia?

Do you have any unanswered questions at this point in time about your employee’s involvement in Car Accident Case In Philadelphia? The best action you can do for now is to contact an attorney in Philly and verify which employer liability might be filed against you. A credible attorney can give further explanation and guidance on what employer liability can be applied in your current situation.

Frequently Asked Questions That You Can Ask The Car Accident Lawyer In Philly

Unable to make a decision on whether to file a car accident claim? If you don’t know what steps you should take after the devastating car accident, then the best thing to do is to talk to a car accident lawyer in Philly. Once you booked a private consultation with a professional car accident attorney in Philadelphia, make sure you come up with a list of questions. We have compiled a few common questions that you can ask your car accident lawyer during the initial consultation.

Question #1 – Can I be fully compensated while filing a car accident claim?

This is one of the most important questions that you should ask a car accident lawyer in Philly, It’s no secret that injuries sustained after a car accident can be quite costly. Aside from the physical pain, you have to endure, there are also other issues to worry about such as expenses to repair or replace your damaged car as well as the loss of earnings if you have to take weeks or months leave from work. You need to be clear from the start on how much compensation can you claim.

Question #2 – What can I expect from hiring your legal services?

Another question that you need a straightforward answer is the services you will receive upon hiring a car accident attorney Philadelphia. Even if your insurer will be the one who will appoint the legal representative that will handle your car accident case, it’s a must that you know from the very start what is inclusive of the lawyer’s professional services such as legal representation during meetings with the other party, acquisition of documents that will serve as evidence and if he or she will be the one to defend you if a trial will proceed.

Question #3 – What is the duration of the car accident case?

I’m sure you have concerns about how long this car accident case will take place. So, while the private consultation is undergoing, don’t hesitate to shoot this question, “What is the duration of this case?” Keep in mind, the timeline on a car accident case from one state to another may vary and if you have a knowledgeable car accident lawyer Philly working on your car accident case filed in Philadelphia, he or she is completely aware the average length of a car accident case, including the trial and final decision before claims, can be released. Having a clear idea of the length of a car accident case will give you a clear insight into what other options to consider such as favoring an out of court settlement.

Question #4 – Can you help me file permanent disability benefits?

If your car accident led to the amputation of your leg or left you permanently disabled with no more ability to resume to work or function normally, then, it’s important that you ask your appointed car accident attorney Philadelphia is he or she will also help you in filing a permanent disability benefit at the Social Security.

Question#5 – What documents do I need to provide?

Among the other issues that you need to share with your car accident lawyer Philly are the documents needed to support the car accident case. Your full cooperation as a client is needed when it comes to the procurement of documents that will become evidence when filing a car accident case. So, while you are having a private meeting with this legal representative, request a list of documents you need to provide such as photos of the car accident, medical report from your doctor, x-rays and laboratory results as well as statements of witnesses at the crime scene.

I hope the above frequently asked questions will help you get the right answers from your chosen car accident attorney Philadelphia. If you have other concerns include them on your questionnaire and feel free to ask them during the private consultation

Car Accident Law: Questions And Answers

One of the leading causes of injuries in the United States while on the road is a car accident. In fact, 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 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 a 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 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 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.