Tag Archives: Car Accident Attorney Philadelphia

How to Prove the Other Driver Was Texting and Driving

How to Prove the Other Driver Was Texting and Driving

Accidents involving inattentive driving are all too common. Thousands of people suffer life-threatening injuries, property loss, and wasted time due to the recklessness of others. Texting accounts for nearly a quarter of all negligent driving accidents in the US.

Nearly 80% of all car accidents in the United States today are caused by distracted driving, including talking on a cell phone. Distracted driving is most often caused by cell phones. According to the National Safety Council, 800,000 people in the United States are distracted while driving because they are using their phones.

Drivers distracted while driving are more likely to be involved in traffic collisions. Twenty years ago, texting and driving was a very uncommon occurrence. Now it is one of the major causes of death for teens and young adults. There are a record number of young deaths resulting from distracted driving, and this is a tragedy that could have been avoided.

Impaired driving incidents seldom result in death, but many do result in serious injuries. Several techniques to prove a driver was texting or inattentive at the time of the accident may surprise you. Distracted driving is a topic that law enforcement, legal firms, and courts have “come up to speed” on.

There are various methods to prove that a driver was inattentive when they hit you, and our Philadelphia car accident lawyers explain them in the section below. Accident victims often use this type of evidence to enhance their claims, even if it isn’t always possible to establish conclusively.

Distracted Driving Can Take Many Forms:

Distracted driving refers to a variety of behaviors, not just using a cell phone while driving. When compared to other distractions, texting while driving is one of the most common and dangerous. Distracted driving can take various forms, all of which are harmful. Examples of common examples are as follows:

  • The act of consuming something
  • Looking in the mirror to see how one looks
  • Reaching for things on the console or in other seats
  • talking to other passengers, especially children
  • Changing the radio station or GPS settings
  • looking for information in books or other sources
  • Using cosmetics such as eye shadow, lipstick, eye drops, and contact lenses.
  • Rubbernecking
  • Daydreaming

How to Prove the Driver was Negligent:

The following tactics are commonly used to prove that someone was texting while driving:

The Information Stored on Cell Phones:

To prove that another driver was texting while driving at the time of the accident, you can petition to use mobile phone records in your case. You’ll need the assistance of an expert attorney if you want to get a careless driver’s cell phone records. Car accident attorneys know the process to have access to mobile phone records that the average person does not.

Trail of the “Electronics”:

In today’s society, a single cell phone contains a plethora of modern technology. Distractions such as instant messaging, email, online browsing, and social media activities will not appear in standard cell phone records. However, in general, these items leave a digital footprint. There’s a chance you may trace the source of your distraction back to the moment of your mishap. In certain cases, hiring experts who can help locate technological evidence of distracted driving may be helpful; in others, subpoenaing data records may suffice.

Eyewitnesses:

Bystanders, other drivers, and pedestrians are examples of potential witnesses. Witnesses should come forward as soon as possible. To testify regarding the texting while driving activities they observed, your witnesses may need to be subpoenaed in some situations.

Officer’s Statement in the Case:

The more detailed the police report states that the other driver is at fault and careless, the more chance you have of proving impaired driving in court. The police reports must be filed as soon as possible after the incident and include specifics about the accident’s circumstances. In some cases, having a police officer testify in your favor can help you win your case.

Feed/Video Footage from the Security Cameras:

A police dash camera, a cell phone, or an intersection security camera may have captured video of the auto accident, depending on where it happened. It’s possible that other motorists captured it inadvertently. If you hire a lawyer, he can get all of these videos and use them as proof of negligence. They can ask the owners of the cameras to provide us with any footage they have to determine if it has the proof needed.

Reconstruction of an Accident:

The work of an accident reconstruction expert might help determine what happened when the vehicle hit the ground. After careful investigation and reconstruction, they’ll be able to show that the accident was caused solely by a negligent motorist. Distracted driving is a serious offense that a professional should only handle, which is why you should speak with a skilled distracted driving attorney about your specific case.

Texting and Driving: Who’s Liable?

All motorists have a legal obligation to drive reasonably to avoid causing harm to others. Texting while driving, for example, is considered negligent when someone does it on purpose with the knowledge that it is risky. The careless driver (or, more precisely, their insurance company) is legally responsible for compensating the victim for all losses or expenses associated with their acts if it can be demonstrated that your injuries and damages were caused directly by them.

Most of the time, the insurance company will do all in its power to avoid guilt or place some of the blame on you. But even if you have compelling proof, they will not be compelled to settle fairly or negotiate with you unless they are certain that your lawyer is prepared to take them to court.

Unfortunately, it would help if you bore the burden of proof, which is why having a lawyer on your side is so important. Don’t hesitate to contact our law firm for more information about your legal matter and how our law company may assist you.

How Can a Car Accident Lawyer be Helpful?

If you have been injured in an accident caused by a negligent motorist, you must contact an attorney right away. You’ll need legal counsel from the beginning. If you don’t have to go backward, the process goes considerably more quickly and smoothly for you.

Because every case is unique, you should consult with an experienced car accident lawyer. There is no guarantee that you will be compensated because you have been wounded. You must show that the defendant was careless. When it comes to proving negligence, an experienced lawyer will be far more efficient and successful than you could be.

The attorneys who specialize in careless driving cases are well-versed in the procedures for filing a claim with the insurance companies involved and, if necessary, bringing a lawsuit against those businesses. Regardless of how hard the insurance companies battle, you will be able to collect the full amount of compensation to which you are due if you have a lawyer on your side fighting for your legal rights.

Consult with a lawyer to avoid adding legal stress to your plate while coping with car accident injuries, vehicle damage, medical bills, and maybe the loss of a loved one. Contact Philadelphia Injury Lawyers for a free consultation.

Philadelphia: Car Accidents, Statistics and All You Need to Know

Philadelphia: Car Accidents, Statistics and All You Need to Know

Philadelphia has one of the lowest rates of vehicle ownership among all cities in the United States. According to Census Bureau statistics and Governing analysis, Philadelphia was the 14th most car-free city in the nation in 2013, with 0.968 cars per household. It does not imply that Philadelphia’s streets are empty or that driving in our city is safer than others.

Here, the Philadelphia personal injury lawyers offer you comprehensive information on Philadelphia automobile accidents because driving is still dangerous and may end in a vehicle accident that leaves you or someone you care about seriously injured.

Car accidents may occur at junctions, on highways, and in other places. A motorist may get distracted by their phone and collide with another vehicle. When two drivers are not paying attention and collide, a car accident occurs. Other times, drivers get so angry that they cause an accident or engage in a violent fight.

Speeding cars, bad weather, strong winds, and even missing traffic signals may all contribute to car accidents. It is recommended that drivers slow down while getting on the road, utilise their turn signals, and maintain their eyes on the road, and set mobile phones to Do Not Disturb mode, and maintain both hands on the steering wheel when conversing with passengers. Accidents may also occur when drivers are sleepy or unable to focus on the road. As a result, vehicles may need to pull over or remain at home. Drivers who have been working all day or who drive after dark must use extra caution.

Statistics of Car Accidents in Philadelphia:

According to the Pennsylvania Department of Transportation, in 2014 alone, there were 10,627 automobile accidents in Philadelphia County. 7,788 of these resulted in someone being injured. 89 of these incidents resulted in at least one death, for a total of 97 fatalities. 38 of those killed in vehicle accidents were pedestrians, demonstrating how hazardous walking on city streets can be. In 2014, 18 of the total number of deaths in Philadelphia County were caused by alcohol-related accidents.

When City Data compares these figures to the rest of Pennsylvania’s fatal accident data, it discovers that Philadelphia’s totals are lower than the state average. In 2014, there were 6.2 fatal automobile accidents per 100,000 inhabitants in Philadelphia. It was lower than the state average of 8.4 persons per 100,000. However, this lower percentage does not necessarily imply that driving in Philadelphia is safer than driving everywhere else in the state. Instead, the lower statistics are most likely because more miles are driven at slower speeds in Philadelphia than everywhere else in the state. Accidents at these lower speeds are much less likely to result in death; thus, these percentages remain low.

Philadelphia Car Insurance:

The city’s low vehicle population indicates that getting into a car accident in Philadelphia may be more expensive and hazardous than elsewhere.

The fact that so many people live in abject poverty inside the city boundaries is the primary cause of the city’s lack of automobiles. Deep poverty is defined as half of the federal poverty line, which means that a family of three would be in deep poverty if their total income were $10,000 or less. 12.2% of Philadelphians — almost 185,000 individuals – are impoverished. It places Philadelphia at the top of the list of the country’s ten most populated cities in terms of severe poverty. This figure is almost double the national average of 6.3%. With so many people living in abject poverty, the number of vehicles possessed inside the city boundaries is limited to a minimum.

Those who live in or near poverty and own a car, on the other hand, are likely to be uninsured. Given how much insurance costs in Philadelphia, it is particularly probable – almost treble what it costs in other parts of Pennsylvania.

When you get into a vehicle accident with someone who doesn’t have auto insurance, the intricacy of the accident skyrockets; if they caused the accident and are held responsible for your property damage and injuries, you may be out of luck — without insurance. Usually, without the resources to pay your costs out of pocket, there may not be enough money to go around. Even if you have uninsured motorist coverage on your vehicle insurance policy, it may not cover all of your medical costs and other expenditures.

Attorneys for Car Accidents in Philadelphia:

When you are injured in a vehicle accident, your priority should be your well-being and receiving the necessary medical treatment. Then you question what occurred and who is to blame. If you were injured in a vehicle accident in Pennsylvania, you might have a legal right to seek damages from the at-fault driver. Pennsylvania automobile accident laws will govern your case.

In most cases, personal injury legislation is dependent on carelessness. The legal doctrine of negligence is described as “a failure to conduct with the degree of care that anyone of average foresight would have taken under the same circumstances.” It may consist of acts, but it may also comprise of omissions in certain situations. 

The automobile insurance legislation in Pennsylvania is more complicated than other state statutes. Pennsylvania has implemented a one-of-a-kind “no-fault” system for auto accidents claims. When purchasing insurance, a person must select between two kinds of insurance coverage.

There are two kinds of torts: full tort and limited tort (no-fault). In most instances, if a person gets in an accident under the no-fault option, they will not be allowed to file a lawsuit to seek compensation. Instead, even if they were not at fault, they will claim with their own insurance company.

What if you pursue a personal injury case to collect compensation for injuries sustained in a vehicle accident, but you are partly to blame? In such a scenario, Pennsylvania’s comparative fault rules may come into play. These rules govern how much you may recover in an accident that you contributed to or even if you can recover anything at all. The state of Pennsylvania follows a modified regulation. This legislation enables you to collect compensation if your fault is not higher than the other driver’s.

A big monetary judgment for your losses will not return your dear ones or the existence you had before sustaining a serious injury. However, it can assist you in dealing with the financial repercussions of your injury and provide you with the best potential future. Every state has a time restriction for bringing a lawsuit.

These time limitations are rigorously enforced; therefore, following this regulation is essential because if you do not submit your lawsuit before the time limit expires, you will most likely lose your right to make a lawsuit for the accident. Therefore, you should seek the advice of an expert lawyer or consult a law firm as early as possible. Click here for a free consultation with Philadelphia personal injury lawyers.

Car Insurance: Full Tort Vs Limited Tort

Car Insurance

Have you been offered to consider Full Tort or Limited Tort? If these terms are new to you and have no clear understanding on what each represent, this is a quick overview on what you need to know as you start preparing your car insurance policy.

What is Full Tort?

When you choose Full Tort option, you can recover all the economic losses or damages such as medical expenses, loss of income, property damages and a lot more. This option includes pain and suffering regardless to the severity of injuries incurred in a car accident according to a car accident attorney in Philly.

For those first timers buying car insurance policies, this may not sound a big deal, but if you will take the professional advice of an experienced Philly car accident lawyer, choosing the Full Tort coverage is a wise decision when it comes to the amount of settlement you will receive.

What is Limited Tort?

If you are searching for car insurance policy the first thing you will discover if you come across the Limited Tort coverage is it is a lot cheaper, around 15% lesser that the Full Tort coverage cost. This could be bigger savings on your end, but if you carefully address the possibility of the extent of your car accident injury, choosing the Limited Tort option has limitation on rights of the named insured including the people listed under your insurance policy like friends, relatives or loved ones. According to a credible car accident attorney in Philly the Limited Tort coverage doesn’t permit a party that is injured in a car accident to claim for pain or suffering or other non-economic losses unless he or she suffered a life altering injury. Based on the experiences of a top-notch Philly car accident lawyer, selecting Limited Tort coverage only limits your claim to medical expenses, loss  of wages, other out-of pocket expenses, but not pain or suffering, which can be the crucial part of a car accident claim.

Full Tort Vs Limited Tort

If you are living in Pennsylvania, you have the option to consider the Full Tort when preparing for your car insurance policy. If you choose Full Tort, this permits you to file a lawsuit for pain or suffering, however if you opted for Limited Tort, you forfeit your right to claim for pain and suffering.

Aside from that, Limited Tort coverage only provides small discount on a car insurance monthly premium. It may seem appealing for first time buyers of car insurance policies because of the monthly savings you will get, but, when the unforeseen event occurs without any warning and been injured from a car accident, you would be disappointed why you even opted for this type of coverage. Why. Saving a few bucks on your monthly premium can’t compensate the emotional and physical pain or suffering that you will experience after a car accident.

Advantages of Full Tort Coverage

A Philly car accident lawyer will recommend to PA drivers to choose the Full Tort for their auto insurance policies because of the many advantages they will enjoy such as:

  • Full protection given to the policyholder for the unavoidable events in the future resulting to a car accident.
  • Extended full protection coverage given to other parties listed under the insured policyholder (friends or family members).
  • Peace of mind that you are given the best protection coverage after the car accident.

How to fully understand the PA auto insurance coverage?

If you are confused on what type of coverage to include for your auto insurance policy, you can always consult a car accident attorney in Philly about the Full Tort vs Limited Tort coverage and learn the best policy coverage for you.

What Are The Types Of Compensation A Person Can Claim After A Car Accident?

Have you been a victim of a horrific car accident in Philadelphia? There are different types of compensation you can file if you decide to file a lawsuit; the compensatory damages and punitive damages. So, what are compensatory and punitive damages? If this is your first time to hear these law terms, let me give you a quick brief and what you must do to get the right compensation.

Definition of Compensatory Damages

Compensatory damages are the claims that can be quantified as expenses. Most victims of car accidents according to a Philadelphia attorney will get compensatory damages for any of the following listed below:

  • Medical expenses

Anything  hospital bill incurred while getting treated from your injuries after a car accident could be claimed as medical expenses such as doctor’s visits, use of medical devices and instruments to diagnose your present condition as well as those expenses that will cover future rehabilitation.

  • Loss of daily wages or earnings

Whether you are employed or run a business, you are also entitled for loss of income due to the car accident injury. If your injury resulted to a case of permanent disability, a percentage of what you will earn in the coming years will also be computed and given as part of your compensation.

  • Loss or damages to property

If the major collision with another vehicle led to the total destruction of your car, you are entitled for reimbursement for repairs or purchased of a new vehicle. The amount you will receive in purchasing a new car will be based on the prevailing market value of your damaged car.

Definition of General Damages

According to a lawyer in Philly, “general damages” are also another type of compensatory damages, but cannot be quantified in terms of bills or medical reports. They refer mostly on the pain or discomfort felt by the victim of a car accident and can be divided into the following classifications:

  • Physical pain and suffering
  • Mental (psychological suffering)
  • Loss of interest to enjoy life
  • Loss of consortium ( received by the spouses left behind after the car accident)

Definition of Punitive Damages

These types of damages are rare and if the court together the jury found the defendant’s action to be malicious or outrageous, they may file punitive damages and are meant to punish specifically the defendant and prevent him or her from doing the same action in the future.

How to determine which type of damages to file in a car accident case?

You will need an expert lawyer with solid track record of handling car accident cases to assess if your compensation claim after a recent car accident has legal grounds and considered valid under the Philadelphia car accident rules.

Don’t let your doubts whether you should file a lawsuit or not prevent you from receiving whatever compensation you really deserve. This is the appropriate time to consult a Car Accident Lawyer Philadelphia and be guided on your next action to make.

Shall I File A Car Accident Police Report?

Have you been involved in a recent car accident? If you are still unsure whether you should file a car accident police report, let me give you further enlightenment on this issue. For record purposes of police, accidents reports are essential in collection of statistics on car accidents happening in a particular state. Car accidents report provide accurate data to the government, helping them come up with better and stricter rules in implementing road safety. So, if you will ask this compelling question after involvement in a recent car accident, “Should I file a report?” here are some scenarios that will tell you what you should do.

Scenario #1

Some drivers who have been involved in car accidents feel that filing a police report is needed when filing an insurance claim. In fact, when you file a car accident police report, you have peace of mind the your incident is properly recorded on the “books” and in the event your insurance company wants proof of this particular accident, you can easily get a copy from your local state police office.

Scenario #2

In the event your car accident didn’t cause injury to you or the other driver and no property damage incurred, if this incident happened in Philadelphia according to a car accident lawyer, the policemen of the Philadelphia Police Department (PPD) will not usually go to the accident scene, but the drivers of both vehicles must file the “Accident Report” within the duration of five days of the crash.

Why file the report?

There are underlying reasons that filing a report seems the wisest thing to do, especially if it’s a case of car accident. Why? The future may bring complications or uncertainties that you may not foresee to happen and having a police report could be useful in case the following events arise:

  • The other driver decided to pursue legal charges after contacting a lawyer in Philly.
  • The complications as well as other signs of injuries only appeared late like days or weeks after the actual collision. So, if you developed a serious back, neck or head trauma injury, you will need to file an insurance claim or lawsuit on your own. A recorded report of this Car Accident Lawyer Philly will be considered as proof or evidence to support your story. In the event, you failed to notify your insurer about your accident, they may not cover any medical expense that occurred in the scene of accident.
  • The other driver may decide to file an insurance claim. In Pennsylvania, auto insurance is a bit complicated because there are technicalities that an ordinary individual may not be aware of like when drivers opt for the “no fault” auto insurance or conventional liability insurance coverage. But, regardless of the auto insurance policy the driver has, if you didn’t file any report of the accident to your insurer, you can be penalized for such action or lose rights for an insurance claim.

Don’t you know your legal rights after a car accident? Regardless your car accident led to serious injury or no injury, severe property damage or none, being involved in a car accident may have technicalities that only a knowledgeable lawyer with specialization in car accidents in Philadelphia can explain to you. If in doubt of what action to take after a car accident, consult a lawyer and discover the real score.

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

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 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 solid background on car accident cases knows when a vicarious liability can be filed to an employer regardless the incident happened in Philadelphia or another state. Vicarious liability under the doctrine of law states that the actions of an agent are 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 as the “principle” and the agent is the “employee”. So, for this rule, if the agent (employee) is task to do something and the command is derived from the principle (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 (principle) 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 many unanswered questions at this point of time about your employee’s involvement in Car Accident Case In Philadelphia? The best action you can do for now is 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.

 

A Philadelphia Lawyer Guide On What To Do After A Car Accident?

Even if you are severely shaken after a car accident, you need to have presence of mind and be aware on your surroundings. According to a Philadelphia lawyer, here are the steps that you have to do after a car accident.

Step #1 – Don’t panic

It’s normal for anyone who got involved in a car collision to experience fear. It would be helpful if you don’t panic, especially if you have other companions inside the vehicle. Gather your strength and maintain full control of yourself.

Step #2 – Don’t leave the scene

Leaving the scene isn’t a good idea, especially if someone had been badly injured due to the collision. If you decide to leave that very moment, people witnessing the incident may assume it’s your fault and you could be facing a serious legal offense like hit-and-run.

Step #3 – Call the highway patrol immediately

If you and another driver had a major collision and led to serious injury or possible death of another person, you have to call the highway patrol or police immediately and report the car accident. Wait for the assistance to arrive and give clear details of the incident.

Step #4 – Disclose real information

In most cases of road accidents, drivers involved in collisions need to disclose real information such as name, address, license number, vehicle plate number including insurer. If there are passengers, their information details will be needed according to best practices applied on road rules and regulations.

Step #4 – Get witnesses contact details

Most car related accidents have witnesses. It would be very helpful for those involved in the car accident to get the witnesses contact details according to an attorney with specialization is car accident cases in Philadelphia. Among the important information that you need to get from a witness is name, address, and contact number. Why? These witnesses would be needed in the event your car accident case will undergo litigation proceedings and eventually lead to a trial.

Step #5 – Notify your insurer

If you have car insurance policy, notify your insurer the soonest possible time after the car accident. Why? Filing a car insurance claim may take days or weeks, and if you don’t inform the insurer, delays may arise. Again, it’s crucial that you only disclose real and honest facts about the incident because your insurance claim can be denied.

Step #6 – Get medical treatment

One of the legal documents needed in the event you will file a car accident case is a medical report from the doctors and other medical professionals who attended your medical emergency needs. So, it’s a wise decision to get medical treatment soon to get the right treatment and prevent the injury from becoming worst. Besides, your medical bills including follow-up treatment expenses could also be used as evidences when your lawyer in Philadelphia decides to file your car accident case.

Step #7 – Keep your evidences in a secured place

Gathered evidences during a car accident are vital for an insurance claim and when filing an accident case. Keep all evidences like photos of your injuries, wrecked car or stained clothes in a secured place, so that when your hired attorney in Philadelphia will required them, you have quick access.

Consulting a legal representative that specializes in car accident cases is the very first thing you need to prioritize after recovering from your injuries or losses. A car accident lawyer generally offers contingency fee agreement to their clients, so having not enough funds to pay for the professional fees of this professional should not be an issue. Contact now an attorney and find out how you can get the right compensation.