Have you recently faced an auto accident that involved a car, motorcycle, or any other vehicle on the road? Consult an experienced Philadelphia Auto Accident Lawyer at The Law Offices of Samuel Fishman to know your rights in this matter. Personal injury law, also known as Tort law, allows you to file a claim if you faced an auto accident due to another party’s negligence. Our injury lawyers understand the extent of loss in various auto accidents because we have represented auto accident victims for decades.
OUR FIRM HAS RECOVERED MILLIONS OF DOLLARS FOR AUTO ACCIDENT VICTIMS THROUGHOUT PENNSYLVANIA.
Driving a vehicle without car insurance is illegal, so one of the first steps to owning and operating a vehicle is getting it insured. There are many insurance plans to choose from and it can get tricky deciding which plan is best for you.
Vehicle insurance encapsulates insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury resulting from traffic collisions, as well as other liability that could arise from a vehicle accident. Vehicle insurance may also offer financial protection against theft of the vehicle and against damage to the vehicle sustained from events other than traffic collisions, such as consequences from inclement weather.
In case you are involved in an auto accident, it is good to have a good auto insurance policy which will provide adequate liability coverage.
Are You Looking for A Philadelphia Auto Accident Lawyer?
An experienced Philadelphia Auto Accident Lawyer can provide you with proper consultation in the case of an auto accident. When you are involved in an accident and either you or the other party get seriously injured, contacting a lawyer is usually very beneficial.
A lawyer will walk you through your case and help you receive the compensation you deserve to take care of medical bills, damages to your vehicle, and oftentimes, to compensate you for pain and suffering, emotional distress, and certain other expenses associated with your accident.
Factors that Make a Difference When Filing a Claim for an Auto Accident:
- No Fault-State for Car Insurance
In the United States, oftentimes different states have different laws when it comes to auto insurance. Such laws usually warrant state-level decisions. When it comes to auto accidents, some states choose to be a choice no-fault state, a tort liability state or, sometimes, a combination of both. To a lay person, the differences that stem from the latter, could be confusing.
In simple terms, “no-fault” means that drivers are required to have their insurance policies that are meant to cover their own injuries and damages rather than insuring to pay out to the other parties. In other words, no-fault means that it does not really matter whose fault the accident is because parties are supposed to file a claim with their own insurance. In most no-fault states, including Pennsylvania and New Jersey, drivers are required to have at least some kind of personal injury protection coverage as a part of their auto insurance policy.
This type of insurance is a good choice for policyholders. Many people choose this kind of coverage they want when they first purchase their policy. After a car accident, you must file a case following your own personal injury protection coverage. Your insurance company can then provide financial assistance for your medical bills and other medical expenditures, regardless if you were at fault or not.
- Modified Comparative Fault State
Pennsylvania is a modified comparative fault state. This means that the person who is liable for 50% or more of the accident will not be entitled to recovering damages. Insurance companies often take advantage of this law, trying to prove that the plaintiff is 50% liable. Therefore, it is important to make sure that an experienced attorney is helping you with your case.
Pennsylvania Auto Accident Statute of Limitations
In Pennsylvania, a person only has a specific amount of time to file a lawsuit. If you file your case after the time frame, then the judge will dismiss your case. The Auto Accident Statute of Limitations is imposed in states like Pennsylvania because the number of auto accident cases involving personal injury is overwhelming.
In Pennsylvania, generally speaking, the lawsuit must be filed within two years from the date of the accident. However, the law is nuanced, and it is important to consult an experienced attorney, licensed in PA.
What Should You Do If You Are Involved in an Auto Accident?
If you are involved in an accident, here are a few things that you should do or refrain from doing.
- Do Not Leave the Scene of an Accident Unless Your (or someone else’s) Life or Health is in Danger
Do not leave the scene of the accident unless your (or someone else’s) life (or health) is in danger. If you do so, you will be accused of a hit and run case. As a general rule, you should stay at the scene of the accident until police arrive and ensure both parties are not severely injured. You may exchange information and call 911 if someone is in danger or injured.
- Report the Accident
If you have been a part of an auto accident, the best thing to do is to report the accident to the police. If there is no significant loss, exchange information with the other driver(s) for future communication. When exchanging information, you must write down the important aspects of the accident, as well as important information about the other party.
Take Note of Evidence at the Scene
After an accident, take note of the following information.
- Vehicle number of the other car(s) involved
- Contact details of the driver and owner of the other car
- Insurance details of the other car owner
- Details of passengers and injuries at the scene
- Road condition and the weather
- Contact details of witnesses at the accident scene
- Name and badge number of the law officer who has addressed the accident
- If possible and safe, take pictures of the accident scene that show all the damage on all vehicles involved
- Check for security camera or dashcam footage that has potentially recorded the accident
An experienced Auto Accident Lawyer Philadelphia residents trust will help you analyze the case based on this information. Failure to obtain images, information or other important aspects of the accident can be detrimental and potentially prevent you from receiving benefits. It is extremely important that you know all the above information to properly handle an accident and get the compensation you deserve.
Why Do You Need an Auto Accident Lawyer?
After an accident has occurred, it can be difficult to deal with the legal side of the issue while juggling car repair, seeking medical assistance, and taking care of day-to-day responsibilities all at once. Make sure to seek legal help from an Auto Accident Lawyer in Philadelphia to handle your auto accident case so you can focus on recovering from your accident.
While auto accidents can be demanding, insurance companies and other party claims can make the case even more complex. They could potentially rush you or create other obstacles which will prevent you from getting the compensation you deserve. Getting the help of a lawyer could ensure you get the maximum compensation from your auto accident.
Important aspects to keep in mind after an accident has occurred:
- Calculate the Damages
An auto accident injury lawyer will calculate the total worth of your claim. They will calculate factors such as medical bills, missed wages, daily expenditure, and more. After judging these factors, a Philadelphia car accident attorney will give you a rough idea of what you can expect as compensation.
- Safeguard Your Compensation Interest from Insurance Companies
Following an accident, insurance companies and adjusters start following up with victims to settle their cases in lower terms. Under mental pressure, poor health, and monetary disabilities, victims mostly choose the offer of the insurance company without exploring other option. A good lawyer can get you the right compensation you deserve.
- Let A Lawyer Handle All of Your Legal Liabilities
There are many things you must deal with following an auto accident such as poor health, loss of wages, decreasing financial stability, and more. In such a scenario, the victim can’t focus on the lawsuit alone. A professional and sympathetic Philadelphia Auto Accident Lawyer will be the best person to take care of your legal needs.
Consult an Auto Accident Lawyer that Philadelphia Residents Trust
If you have been a victim of an auto accident in Philadelphia, do not hesitate to consult a lawyer. The longer you wait, the less chance there is that you will be successful in getting the compensation that is rightfully yours.
The Law Offices of Samuel Fishman offer legal assistance for auto accident cases. Their highly experienced team of attorneys has gathered extensive knowledge of automobile accidents over the years. Contact them immediately if you have recently been in an accident or keep their contact information on you just in case.
At Law Offices of Samuel Fishman, we will evaluate your case as fast as possible and suggest ways to strengthen your case. We will do everything we can to help you with your case and walk you through the whole process.
Our client reviews will tell you our success stories and our approach towards dealing with cases over the years. Our client list is growing every year, which is a clear indication of satisfied dealings.
What Are the Expenses of Hiring an Auto Accident Lawyer?
Most reputed auto accident attorneys offer services on a contingency basis. In such cases, the lawyer does not charge you until the case is solved. Hiring a Philadelphia Auto Accident attorney who charges based on a contingency basis for your case will lessen your financial burden and mental stress.
When you contact the Law Offices of Samuel Fishman, our team of attorneys will evaluate your case. Pay a visit to our office or book an appointment with our seasoned law officers to find a solution for your auto accident and receive the compensation you deserve.
Common Causes of Auto Accidents:
- Distracted Driving- Using a phone while driving is one of the most obvious distractions, but co-passengers can be a source of distraction as well. It has been estimated that 9% of total road accidents are caused by distracted driving.
- Driving Under the Influence- Driving under the influence is the crime of operating a motor vehicle while impaired by alcohol or other drugs to a level that renders the driver incapable of operating a motor vehicle safely. Driving while under the influence of alcohol is a horrible, yet common, cause of accidents.
- Exceeding the Speed Limit- Drivers usually go beyond the speed limit on highways and in rural areas with less traffic, which can lead to an accident when unexpected obstacles or other vehicles are in the way.
- Driving Mistakes- Making a last-minute turn while going too fast or forgetting to put on your turn signal are minor mistakes that can turn deadly. Other mistakes include not turning your headlights on at night, not coming to a complete stop at a stop sign, or ignoring school zone signs.
The best way to avoid an accident is to obey the traffic rules and be a sensible driver. Wearing a seatbelt, paying attention to the road and those around you, and ensuring that you follow the speed limits and all other safety precautions on the road are very basic ways to prevent an accident.
If you have been involved in an accident where someone has failed to follow these guidelines, contact an Auto Injury Attorney that Philadelphia residents can rely on for all of your auto accident needs.
Tips to Help Avoid A Fatal Auto Accident
Mindful driving is the best way to avoid an auto accident. The following safety mechanisms will help save you from fatal accidents.
- Seat belts– Seat belts are one of the most essential components to help avoid serious injuries during a car accident. Make sure you fasten your seat belt while driving.
- Child Safety Seat– While traveling with a child, you must carry a child safety seat. Read and follow the child safety seat laws for Pennsylvania to ensure the safety of your child.
- Airbags– According to the Insurance Institute of Highway Safety, all passenger vehicles manufactured after 1999 must contain airbags to protect the driver and passenger in the front seat. It has been studied that, with the help of airbags and seat belts, fatal accidents can be avoided up to 45%.
- Motorcycle Helmet– Motorcycles are dangerous, which makes operating one must include the correct safety precautions. Most states make it illegal to operate a motorcycle without the use of a helmet. Wearing a helmet is the best thing a motorcyclist can do to save their life.
Frequently Asked Questions about Auto Accident Claims
Most auto accident claims are settled out of court without filing a formal lawsuit. An attorney can analyze your case, see all the details about who was negligent, and who is liable to pay you the settlement amount, and can help you sign a settlement with the other party.
This answer varies from state to state. But, 2-3 years is the average time you will get to settle your auto accident claim. To make this process faster, it is always better to consult an experienced auto accident attorney.
The claim never expires. But yes, the statute of limitations can expire. If it expires, you will not be able to get the claim. Also, as time goes on, the details of the case can become blurry. Hence, it is better to consult an auto accident attorney because they know the law and all the limitations. They can help in winning the lawsuit as soon as possible.