After a car accident, you will likely be faced with a wide array of challenges. Beyond dealing with repairs to your vehicle, you may also be looking at a long recovery time from a severe injury. An injury can mean missed work, and all of these factors will add up financially.
Recovering compensation from the liable party can be essential for digging yourself out of a hole. At Rand Spear, an experienced Philadelphia car accident lawyer is here to help. We have been helping victims get the money they need for years.
We understand the challenges you face after a crash and can help you through this difficult period. Contact a reputable Philadelphia personal injury lawyer with Rand Spear The Accident Lawyer today by phone or through this website to schedule a free case review with a member of our legal team.
How a Dedicated Philadelphia Car Accident Lawyer Takes Action
Once you hire a car accident lawyer to work on your car accident case, there are many actions we will take to ensure you recover maximum compensation. One of the first things we will do is investigate your auto accident to establish who is liable and collect evidence that backs up your claim. Steps in this investigation will likely include:
- Visiting the accident scene, taking photographs, and noting any relevant details
- Interviewing eyewitness
- Obtaining a copy of the accident report
- Collecting any photos or videos of the accident
- Consulting experts
- Reviewing your medical records relating to any injuries sustained in the crash
Once we have completed our investigation, we will assess the damages you incurred and calculate how much your claim is worth. Then we will either file the required paperwork for a claim with the liable party’s insurer or submit documents for a lawsuit with the court. We will then go through the full process of an insurance claim or car accident lawsuit as we attempt to get you the money you need for your damages.
Philadelphia’s Leading Car Accident Injuries
Injury victims are not always anxious to take legal action. In fact, you may have concerns that your case will not be taken seriously if your injuries are not catastrophic. However, our clients have dealt with a wide variety of damages and injuries, including:
- Broken bones
- Compound fractures
- Burn injuries
- Soft tissue injuries
- Whiplash
- Traumatic brain injuries
- Lacerations
- Concussion
- Spinal cord injuries
- Amputation
- Septic shock caused by infected lacerations
- Post-traumatic stress disorder (PTSD)
- Internal injuries
- Neck injuries
- Herniated discs
- Organ failure
- Facial injuries
- Internal bleeding
Far too many car accident victims hesitate to get the legal support they need because they are worried their injuries are not serious enough. However, your claim can still be successful, as grounds for a car accident claim are not based on the type of injuries you sustained but liability and negligence. Your car accident lawyer in Philadelphia will review the specific circumstances of your case to ascertain whether you have the right to pursue a lawsuit or insurance claim.
Philadelphia Car Accident Lawyer Near Me (215) 985-2424
Most Common Types of Motor Vehicle Accidents Rand Spear Handles
One of the reasons car crashes occur with as much prevalence as they do is that they can happen in a variety of ways. You can rely on your experienced Philadelphia car accident attorney to closely examine the type of collision you were involved in so we can identify those responsible. Some of the most common motor vehicle wrecks Rand Spear The Accident Lawyer handles include:
- Sideswipe accidents
- Distracted driving accidents
- Commercial truck accidents
- Pedestrian accidents
- T-bone accidents
- Impaired driving accidents
- Uber accidents
- Multi-vehicle car accidents
- Rear-end collisions
- Red light accidents
- Jackknife accidents
- Tire blowouts
- Lyft accidents
- Single car accidents
- Head-on collisions
- Motorcycle accidents
- Bus accidents
- Bicycle accidents
- Electric scooter accidents
- Rideshare accidents
In most cases, the way in which your collision occurred helps determine who is ultimately at fault. For example, if you were injured in a drunk driving accident, you would likely begin by pursuing a claim against the negligent driver who hit you. Our in-depth investigation will reveal the identities of all those who share responsibility for your damages.
Top Causes of Car Accidents in Philadelphia
Although the type of car crash that causes your injuries will help us figure out who is at fault, we must also closely analyze the cause of the collision. For example, in a drunk driving accident, the driver’s impairment would likely be the cause of the collision. Some of the most common ways in which Philadelphia car accidents occur include:
- Drunk driving
- Driver negligence
- Driving under the influence of drugs
- Speeding
- Following too closely
- Failure to install street lamps
- Failure to use a turn signal
- Distracted driving
- Wildlife
- Driving while fatigued
- Road rage and aggressive driving
- Failure to replace missing street signs
- Failure to improve faded road markings
- Lack of sufficient crosswalks
- Failure to yield to the right of way
- Failure to check blind spots before changing lanes
- Making unlawful turns
- Lack of sufficient bicycle lanes
- Reckless driving
- Making unlawful turns
- Changing lanes without signaling
- Inclement weather
- Malfunctioning motor vehicle parts
Your accident will provide valuable evidence we need to support your case. The burden of proof is lower when you file a personal injury claim. We will need to prove liability based on a preponderance of the evidence, which means we need to introduce evidence that convinces the insurance company, judge, and jury that the defendant in your case is more likely than not at fault for your collision.
Liability in Philadelphia Car Accident Cases
For most car accident victims, the most common way to recover compensation for their damages is by proving someone else’s negligence is the cause of their injuries. Car accident cases can be especially complex since multiple parties could share responsibility for the accident, depending on how the collision occurred. For example, in the drunk driving accident case above, injury victims would be able to sue drunk drivers, but they may also have grounds for a claim against any local dram shops that over-sold or served alcohol to the impaired driver under 47 P.S. § 4-493(1) and 47 P.S. § 4-497 according to the Pennsylvania Liquor Control Board.
If your car crash was caused by any type of negligent driving, the driver who hit you could be held accountable. You may be able to recover compensation through a claim against their personal auto insurance policy. If this is insufficient, you may need to file a lawsuit in civil court.
Philadelphia car accidents can also be caused by dangerous roads and malfunctioning vehicle parts. The individuals and entities responsible for maintaining vehicle and road safety, maintenance, and integrity could be sued. You may have grounds for legal action against the Pennsylvania Department of Transportation (PennDOT), the city of Philadelphia, motor vehicle parts manufacturers and distributors, and other third parties.
How to Prove Negligence After a Car Crash
Liability must be proven based on a preponderance of the evidence. To do this, we will demonstrate how the elements of negligence are met in accordance with 18 Pa. §302. These include:
- Duty of care – The individual or entity being accused of causing the accident must have owed you a duty of care, meaning they had a legal obligation to keep you safe or protect you.
- Breach of duty – The alleged liable party must have breached this responsibility to your safety by making a mistake of some kind or failing to take action as needed.
- Causation – The actions of the defendant must be the ultimate cause of your Philadelphia car accident or resulting injuries.
- Damages – Your injuries do not need to be life-threatening, but they must have a substantial impact on you physically, emotionally, psychologically, or financially.
As your car accident attorney in Philadelphia conducts a thorough investigation into the cause of your collision, we will gather the evidence we need to establish liability. Once negligence has been proven, we can move forward with a claim against the liable party. However, do not be surprised if the liable party or insurance company attempts to avoid liability, as they will be obligated to compensate you for every single loss related to your accident.
Examples of Valuable Supporting Evidence
The evidence presented to the jury or insurance company does not need to prove liability beyond a reasonable doubt. However, it must be powerful in demonstrating how the accused is responsible for causing your collision and subsequent injuries. Some examples of the most powerful types of evidence in car accident claims include:
- Photos of your injuries
- Personal statements about the impact of the collision
- Testimony from friends and family that describe how significantly the accident has affected your life
- Copies of your medical records and physician’s prognosis
- Video footage of the accident obtained from traffic and dash cams
- Copies of the defendant’s blood and breath alcohol test results
- Witness and bystander statements and depositions
- Reports from accident reconstructionists
- Police reports
- Copies of the defendant’s criminal and driving records
- Data obtained from crash reports and vehicle event data recorders
Our investigation will be comprehensive. We will be looking for any evidence that can help prove how the defendant in your case is at fault. We will also use this evidence to protect you if the defense attempts to make unjust shared liability allegations.
How Partial Blame Can Affect Your Car Accident Settlement
Many car accident victims are shocked and discouraged when at-fault parties blame them for the accident. This also happens when the insurance company is investigating and thinks they can get away with blaming the victim. Fortunately, when you have a top-rated car accident lawyer working on your case, you can rest easier.
Pennsylvania follows modified comparative negligence laws under 42 Pa. §7102. Sharing blame will not necessarily prevent you from being awarded a settlement, but your portion of fault cannot be greater than the threshold of 51%. Once you reach this limit, you will no longer have an opportunity to obtain a payout in court or through the insurance company and could even find yourself on the defendant’s end of a personal injury claim.
If your portion of liability is less than the maximum limit, you can still move forward with your claim. However, you should expect to be held accountable for the percentage of the accident that you carry. If you were, say, 25% liable, your payout would be reduced by 25%, and you would collect 75% of the settlement or award.
Recoverable Damages Following a Car Accident in Philadelphia
After being injured in a car accident where another party was at fault, you will likely be eligible to collect several types of damages. These compensatory damages, as described by Investopedia, are split between the primary categories of economic and non-economic damages, with economic damages accounting for any monetary losses, while non-economic damages cover every other loss you incur. Some of the damages most often available following a car accident include:
- Mental anguish
- Property damage
- Lost wages
- Decreased earning ability
- Pain and suffering
- Loss of consortium
- Diminished quality of life
- Medical bills
- Future medical expenses
- Emotional distress
In a small percentage of cases, punitive damages are also available. Punitive damages are not used to replace the losses incurred by other accident victims under Title 42 Chapter 83. Instead, these damages are used to punish the liable party for their actions.
Rand Spear the Accident Lawyer Works on Contingency
Money worries should never prevent you from hiring an attorney to help you recover compensation after a car accident. You can work with a proven car accident attorney in Philadelphia on a contingency fee basis per Pennsylvania Rule of Professional Conduct 1.5, Fees. This means we only collect payment for our services if you recover money from the liable party.
We do not charge clients to retain our services, nor do we bill clients at an hourly rate. Instead, the sole fee our Philadelphia car accident lawyers receive is assessed at the conclusion of your case and comes in the form of a fixed percentage of the compensation you recover. If we fail to get you money, we work for free, and you can rely on our no-win, no-fee guarantee.
The money paid to our team is taken directly out of the compensation you receive. You will never have to worry about paying your Philadelphia car accident attorney. With this setup, your financial situation will never bar you from being able to secure the services of an experienced legal advocate.
You May Be Able to Avoid Bringing Your Car Accident Case to Court
If you are attempting to recover compensation for your car accident through a lawsuit, you should know that it is unlikely your case will end up going to court. In most cases, car accident lawsuits end in an out-of-court settlement. This means of finalizing a lawsuit is common because it is generally what is best for all parties involved.
If you manage to reach a settlement agreement, you will be able to recover the money you need quickly while avoiding the unpredictability that is part of a trial. For the defendant, a settlement means less money in legal fees and the ability to avoid unwanted media exposure. Although your case is unlikely to make it to trial, it is still critical that you prepare to go to court.
There is still a chance that you and the at-fault party will not be able to reach a settlement agreement. It is also possible their insurance coverage will not be enough to compensate you fairly. If a deal can not be reached, you will have to fight for the money you need in the courtroom.
Car Accident Insurance Settlements
Car accident victims may have the right to file a claim against the liable party’s insurance policy. Pennsylvania follows choice no-fault insurance laws per 75 Pa. Chapter 17. This means there are multiple ways you can go about filing an insurance claim.
If you opted to purchase no-fault insurance or personal injury protection coverage (PIP), you might start your case by filing a claim against your personal no-fault insurance policy. Unfortunately, even though this coverage is designed to protect you, what the insurance company pays out in your settlement, they will demand back by increasing your auto insurance premiums when you reach your renewal period. For this reason, it may not always be in your best interest to file a claim against your auto insurance policy.
If you decide not to purchase no-fault insurance coverage, you will have the opportunity to file a claim against the at-fault party’s insurance policy unless they do not have auto insurance coverage in place. If the liable party is underinsured, you may find yourself with an excess of damages the insurance company does not pay for. Still, being able to obtain reimbursement for a portion of your damages is better than getting stuck covering the costs on your own, and any losses the insurance company does not cover can be included as part of your request for compensation through your car accident lawsuit.
Covered Losses in a Car Accident Insurance Claim
When you file a claim with the insurance company, whether you are filing a claim against your no-fault insurance policy or the liable party’s insurance policy, it is unlikely your settlement will fully cover your damages. Insurance companies only pay for covered losses. For example, if you carry bodily injury liability and property damage liability coverage, the insurance company will be expected to pay for medical bills and property damages.
However, the insurance company will not be expected to pay for any type of non-economic damages and many of your economic losses. When motorists purchase additional auto insurance coverage, it usually means they are increasing the amount of coverage they have, not the types of coverage. For this reason, going to trial is often the best way to ensure you are compensated for every loss, not only the ones covered by the insurance provider.
The Insurance Company Is Not Looking Out for You
Insurance companies spend millions of dollars in marketing annually across the United States. They are trying to convince consumers that they are looking out for them, “on their side,” or “like a good neighbor.” However, it is imperative that you know the insurance company is not looking out for you.
The only way insurance companies can make money is by bringing in more through premiums than they pay out in settlements. The insurance adjuster will do everything they can to reduce your settlement, with some even going to great lengths to take advantage of claimants. The best way to protect yourself is by having your car accident lawyer negotiate with the insurance company on your behalf and review any settlement offers that may come in before you accept them.
File Your Car Accident Lawsuit Before Time Runs Out
If attempting to recover compensation by suing the liable party, you will need to ensure that you file your lawsuit on time. In Pennsylvania, accident victims have up to two years to file a lawsuit in most cases under 42 Pa.CS §5524. Missing this deadline could mean the loss of your right to pursue damages.
For most car accident claims, the deadline set forth by the statute of limitations is quite firm. However, in some situations, you may be able to file a lawsuit even if the usual two-year cutoff has already passed. Because of this, it is essential that you contact a car accident lawyer at Rand Spear, even if you think you have already missed your chances of collecting damages.
At the same time, the details of a case can further restrict the amount of time an accident victim has to file a lawsuit. Instead of two years, you could be limited to a matter of months. Hiring us as soon as possible after your accident can help keep you from being caught off guard by an unexpected deadline.
Get a Free Consultation with a Car Accident Attorney in Philadelphia Today
Hiring an experienced legal representative could give you the best chance of securing a favorable outcome for your case. At Rand Spear, your car accident lawyer in Philadelphia has a long history of making the liable party pay for the damages inflicted upon our clients. Are you ready to fight for your rights?
Demand Rand. Show the insurance company and liable parties how seriously you are taking your claim. Reach out to us today by giving us a call or filling out our contact form and schedule a free consultation.
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