Northeast Philadelphia Car Accident Lawyer

Car accidents are common on roads and highways and can have serious consequences for those involved. They can cause physical injuries, deadly injuries, property damage, and the unfortunate loss of life. In some cases, liability is clear, whereas in others, it may be challenging.

Injured in a Philadelphia car accident? Our Philadelphia car accident lawyer is here to help you obtain compensation for your lost wages and medical expenses. Call (267) 744-4689 to speak with our lawyer.

However, you can also consult with our lawyer right here at the Samuel Fishman Law Offices. Our law firm can help you safeguard your rights and recoup full and fair compensation from a liable party. These lawyers have frequently represented many Philadelphia car accident claims and personal injury cases, in addition to having the knowledge and experience to help our clients get the value and compensation they deserve.

What Should I Do Following a Car Accident In Philadelphia?

What you do after a motor vehicle accident can be important if you later decide to file a claim for your injuries, damage to your automobile, and other losses. In Philadelphia, you may need to take these steps to protect your legal rights and others’ safety after an accident:

There are seven steps to follow after a car accident in Philadelphia

• File a police report and request a copy. Getting a police report from an officer will be essential. They often contain a detailed description of the crash and any injuries. Moreover, authorities may identify the driver responsible for the accident and issue citations for any suspected violations during their investigation. Your insurance company may use this information to prove whether you were at fault. This will also help your personal injury lawyer gather evidence and proof for the entire case.
• Call your insurance company. In Pennsylvania, you may need to notify your auto accident insurance company of any damage or injuries, regardless of fault. Taking pictures of the accident scene can also be valuable evidence moving forward.
• Exchange information: It’s important to exchange or write down contact information and insurance details. Although insurance information is required to be up-to-date, it’s important to make sure that the defendant’s information, such as their address, phone number, and insured vehicle, is accurate. Also take pictures of the vehicle and the scene for future proof and evidence.
• Monitor your finances: Maintaining a record of your expenses, such as medical bills, pay stubs detailing your missed work and earnings, and mechanic bills associated with your accident, can assist in securing compensation should you initiate a claim.
• Hire an Attorney: Hiring an experienced car accident lawyer northeast philadelphia can be a crucial step if you have sustained injuries in a car accident. Our attorneys can provide legal advice and representation, as well as guidance on how you should proceed. You can communicate confidentially with any of our car accident attorneys, and we will secure your privacy.

If an insurance company denies your claim, it may be possible for your car accident attorney to file a new claim case to try again. However, it is important to ensure that you and your lawyer have all the necessary documents, video camera and photographic evidence, records, and information, including statements from witnesses and details about where the accident took place, accident reports, and medical reports, before submitting a new claim to avoid making the same mistakes that may have led to the initial rejection, resulting in the denial of your claim.

An experienced auto accident attorney in Philadelphia may be able to assist you with this process by reviewing your claim and aiding in the proper construction of the necessary information in the first instance.

How Much Does It Cost To Hire A Philadelphia Car Accident Lawyer?

You may be able to file a “third-party” claim against the at-fault driver’s insurance company if the other driver caused your injuries in a car crash. The process can be complicated, though, so it is important to retain an experienced car accident lawyer.

Typically, car accident lawyers receive payment on a contingency fee basis. This implies that they only receive payment if you secure some form of compensation. Generally, the vast majority of Philadelphia car accident lawyers charge between 33 and 45 percent of the final settlement, court, or arbitration award. The rate varies depending on factors such as the case’s complexity and novelty, the time and labor required, and the lawyer’s experience, reputation, and ability.

 

Rear-End Collisions:

One of the most common car incidents is when someone is rear-ended. The front of one vehicle hits the back of another, as expected. There can be several factors that lead to rear-end accidents, including inattentive or distracted driving, intoxicated driving, aggressive driving, and the inability to stop due to inclement weather. The following factors can also contribute to rear-end situations:

• A distracted driver fails to see a red light and does not stop.
• When another car stops for a red light, a driver approaches an intersection and anticipates a green light.
• A driver speeds up at a yellow light, but the car in front of them has already stopped.

Side-Impact Collisions:

When an automobile collides with another’s front or rear end, side-impact incidents occur. We also refer to these as T-bone situations, or right- or left-impact situations. Side-impact events can be dangerous because drivers are often unaware of approaching cars that may be unable to stop in time. Therefore, they can cause extensive and potentially life-threatening injuries.

According to recent information from the National Highway Traffic Safety Administration (NHTSA), side-impact events have become the second-leading cause of fatalities and debilitating injuries in auto accidents. These accidents are dangerous because there are no deep metal structures between the impacted vehicle and the occupant.

As a result, the door can collapse at high speed into the driver or passengers. The purpose of considering the impact of the side impact events can depend on multiple factors, such as location, speed, and the size of the car.

Head-On Collisions: 

Head-on incidents are one of the most dangerous types of crashes. These occur when the front ends of two vehicles collide in traffic and hit each other from opposite directions. Some factors that contribute to head-on car accidents include distracted driving, improper passing, and reckless driving, among others. These accidents generate immense force, which can quickly lead to devastating injuries and fatalities.

Rollovers Accident: 

Rollover accidents occur when an automobile overturns 90 degrees on its side. Due to the impact and loss of control the driver experiences, a rollover may lead to the tumbling of the automobile more than once.

People who have sustained injuries in a rollover car accident may have to face hefty medical and automobile repair expenses. SUVs are more susceptible to rollover crashes because they have a higher center of gravity and narrower track width compared to passenger cars. SUV drivers who think they’ve lost control are more likely to overcorrect, causing rollovers.

A 2019 National Highway Traffic Safety Administration report showed that fatalities caused by SUVs were highest at 41%, followed by pickups at 38%. Accidents that led to fatal injuries involving vans were 25%, followed by 20% of those involving cars.

Sideswipes Accidents: 

A side-swipe accident occurs when cars travel in a similar direction. In addition, in this accident, the left side of the vehicle collides with the left side of another vehicle. These accidents typically happen when a driver cannot judge the speed and position relative to another automobile.

Texting While Driving Accidents: 

People are surrounded by technology and cell phones, increasing the risk of accidents. When a driver loses focus and uses their phone while driving, it may lead to a serious accident, endangering the safety of pedestrians and cyclists.

Single-Vehicle Accidents:

A single-vehicle accident is a crash involving only one automobile. This can include when a vehicle collides with something, such as debris, animals, or road barriers. It can also include when a vehicle runs off the road and crashes. Despite not involving other motorists, bicycle accidents, motor vehicle accidents, and single-vehicle accidents can still lead to serious injuries to the driver and their passengers.

Multi-Vehicle Accidents:

These kinds of accidents involve three or more vehicles. They usually occur on high-capacity or high-speed highways and roads. Some people also refer to these accidents as pile-ups. Because several vehicles are often involved, these accidents can lead to multiple injuries and fatalities.

Blind spot collisions:

A blind spot incident occurs when a car collides with another vehicle in the driver’s “blind spot.” This is an area around the automobile that the driver cannot see in the side and rear view mirrors.

Blind spot collisions frequently happen when drivers change lanes without checking their blind spot or when they fail to see another automobile that is driving in their blind spot. This type of accident poses a significant risk, as the struck driver might not have had enough time to react and evade the situation.

Low-speed crashes: 

Low-speed accidents are those that occur when cars travel at a relatively low speed, typically around 10 to 15 MPH. Even at low speeds, these kinds of incidents can still result in damage to the vehicles involved, as well as injuries to the drivers and passengers. It is possible that the force of such an incident could result in whiplash, back injuries, or other soft tissue injuries. Low-speed crashes account for the majority of construction accidents or public school district area crashes.

Merging Accidents: 

Merging accidents occur when a car merges and collides with an approaching vehicle while trying to move into a lane. Merging accidents can result in sideswipes and rear-end incidents.

A car accident can be an absolute nightmare. The physical pain, the emotional toll, the financial strain—all of these aspects can be difficult to recover from. You may think you have no choice but to handle it yourself, but an accident attorney can offer some solutions.

Common Causes Of Philadelphia Car Accidents

Human error is the primary cause of most car accidents. Distracted driving and driving under the influence of drugs or alcohol are among the leading reasons for car accidents. Even a talented driver can get into an accident if another driver is negligent. Driving is a significant responsibility, yet irresponsible behavior can result in serious accidents and injuries. Some of the most common behaviors include the following:

• Speeding
• Other traffic laws are violated.
• Careless and distracted driving
• Driving while impaired, including prescription medication
• Drunk driving, etc.

Speeding is one of the most common reasons for Philadelphia car accidents. It’s not uncommon to share the road with drivers who, knowingly or unknowingly, drive faster than the speed limit, even if it results in no incidents. However, this is not always the case. Speeding increases the chance of losing control of an automobile and increases the severity of any accidents that do occur. Reaction times are also slower when driving at high speeds, which can make it difficult to avoid an accident.

Violation Of Other Traffic Laws

Not following traffic rules can also result in serious consequences. Nearly 40% of car accidents happen at intersections, according to the NHTSA. Failure to stop at red lights or ignore stop signs can result in an accident with oncoming vehicles and pedestrians.

Tailgating, or following too closely, is another traffic rule that drivers don’t always follow. Pennsylvania requires drivers to maintain a safe distance behind other automobiles.

Careless Driving

Careless driving is another major reason for car accidents. This can encompass numerous different actions, such as texting while driving, talking on the phone, or simply not paying attention to the road. When operating an automobile, it is important to be alert, aware of your surroundings, and focused on the task at hand. Any type of distraction can result in catastrophic accidents.

Drowsy Driving

Drowsy driving is also another common cause of car accidents. A widely cited National Sleep Foundation study showed that going 18 hours or longer without sleep impairs driving performance. In fact, at 18 hours, it had the same impairment as drunk driving with a blood alcohol content (BAC) of.05%, just under the legal limit. However, after 24 hours without sleep, a person’s driving performance was similar to having a.10% BAC, which is higher than the.08% BAC limit in Pennsylvania and most other states.

Like consuming alcohol, fatigue can impair a driver’s reaction time, judgment, and ability to pay attention. This makes them more likely to instigate or be involved in a car accident. Your lawyer will conduct an investigation into the accident to determine the cause and engage in negotiations with the insurance companies and the defending counsel.

Holding negligent drivers accountable for these accidents is crucial, as the consequences can be devastating. A person may sustain severe injuries or even lose their life. Personal injury claims are safeguards that deter these kinds of incidents from happening again.

Types Of Car Accident Injuries

Car accidents can lead to catastrophic injuries that can be life-threatening. Some accidents can be severe, while others can be minor. Even if the vehicles travel at low speeds, it can result in injuries and disabilities. At the Law Offices of Samuel Fishman, our Philadelphia car accident lawyers have helped numerous accident survivors who suffered serious car accident injuries, such as:

• Brain Injury: Head blows that impact both the brain and the skull can cause brain injuries. Accidents may result in mild, moderate, or severe traumatic brain injuries, depending on the severity of the incident.
• Spinal cord injuries: Some accidents can lead to mild bruising, while others may cause severe injuries leading to paralysis and quadriplegia. These debilitating medical conditions may require lifetime care.
• Amputation: Sometimes, car accident victims may even lose a limb.
• Internal injuries are difficult to diagnose because they are unseen and may require immediate medical attention.
• Burn Injuries: Burn injuries may transform the victim’s life completely. These injuries can lead to serious skin damage from airbag burns or car fires.
• Lacerations: A laceration is a type of wound that occurs when the skin sustains cuts or tears. Sharp objects, such as glass or metal, or blunt trauma can trigger this in a car accident. These may require medical attention, including stitches or staples, to heal the wound.
• Broken Bones: When a steering wheel or other object strikes a victim in a car accident, fractured bones are one of the most common outcomes. Accidental force can sometimes cause bones to break. In moderate collisions, hand fractures and wrist fractures are also common.

Fatalities are the ultimate consequence of serious car crashes, and a wrongful death case could prompt you to collect that justice. But even in crashes that don’t lead to death, medical expenses can be hefty, and some may require long-term medical care for injuries they suffered in a car accident.

Statistics For Car Accidents In Philadelphia

According to the Pennsylvania Department of Transportation (PennDOT), in 2022, there were 1092 fatal crashes, 65,778 property damage only (PDO) crashes, and 49,068 injury crashes. In 2022, the fatalities were 1,179, Pennsylvania’s 4th lowest number of deaths.

• Pennsylvania Car Accident Statistics 2021

In 2021, most individuals involved in crashes in Pennsylvania emerged without injuries. However, it’s concerning that there were 1,230 fatalities during that year, marking the highest number of motor vehicle crash-related deaths in the state since 2012.

• Latest Trend In Hit And Run

For the third consecutive year, the number of individuals with fatal injuries caused by drivers who fled the scene in Philadelphia has remained twice as high as in 2019. In 2022, hit-and-run incidents reached an unprecedented peak, signifying an alarming trend where hit-and-runs account for a progressively more significant percentage of total fatalities, surging from approximately 20 percent in 2020 to 28 percent in 2022, as recorded.

• Statistics For The 2020 Pennsylvania Car Crash Are Available.

Philadelphia is the fifth-most populated city in the country. The city is also one of the most densely populated in the U.S. According to the United States Census Bureau, Philadelphia had a population density of 11,609 people per square mile in 2020, which is higher than the national average population density of 93 people per square mile. This, in turn, increases the number of drivers and the likelihood of accidents.

The Pennsylvania Department of Transportation (PennDOT) reported nearly 10,108 car accidents in Philadelphia in 2020. That’s just more than 27 accidents each day. Due to its high population, Philadelphia has historically had the highest number of car accidents in the state.

• Pennsylvania Auto Accident Fatalities (2019)

In 2019, passenger car occupants accounted for 34% of total traffic fatalities. Light truck occupants accounted for 28% of fatalities, non-passengers accounted for 20%, motorcycle accidents accounted for 14%, and occupants of large trucks, buses, or other vehicles accounted for 4% of deaths. The takeaway from these figures above demonstrates that passenger car occupants account for more than one-third of all fatal accidents.

These Are The Most Dangerous Intersections In Philadelphia For Car Accidents

One of the most dangerous intersections, as measured by the number of car accidents in Philadelphia, is Grant Avenue and Roosevelt Boulevard. Efforts to enhance safety, including the installation of red-light cameras, are underway at one of Pennsylvania’s busiest intersections. However, the effectiveness of these measures in reducing the number of accidents at this location remains uncertain.

Here are some other dangerous intersections that have been known to cause Philadelphia car accidents:

• Grant Avenue and Southwest 49th Street: Located in Southwest Philadelphia, this intersection is renowned for its high-volume traffic. Fatalities are not common in this location. However, the number of car accidents that occur at this intersection contributes greatly to overall car accident statistics.
• Red Lion Road and Roosevelt Boulevard: Located near Northeast Philadelphia Airport and Bryn Athyn College, Red Lion Road and Roosevelt Boulevard are known for their complicated and confusing traffic patterns.

A Philadelphia Car Accident Lawyer Can Assist You In Recovering Damages

Car accident claims can provide compensation to those injured in a Philadelphia car accident. You and your lawyer can typically recover two types of damages or losses: economic damages and non-economic damages.

Economic Damages: Economic damages, expressed in a dollar amount, aim to compensate an injured victim for specific monetary and financial losses related to their injuries. For example, a $5,000 medical bill for a broken arm and a $5,000 auto repair bill may be among the damages a person seeks. Other examples of economic damages are as follows:

• Medical expenses
• Income and wages are lost.
• Loss of future income
• Future medical treatments’ estimated costs are
• Household or domestic expenses
• Property damage

Non-Economic Damages: Depending on the specifics of a claim, an injured party may also seek compensation for losses that are not measurable in monetary terms. Non-economic damages can include the following:

• Pain and suffering
• Permanent disability
• Loss of personal enjoyment
• Humiliation
• Embarrassment
• Disfigurement
• Loss of companionship or consortium

Punitive Damages: In some cases, victims may be entitled to punitive damages. When a judge or jury determines that an individual’s actions were grossly negligent or malicious, they award punitive damages as a form of punishment. We also enacted these penalties to prevent such behavior from occurring again. People often pay these monetary penalties in addition to other forms of damages.

These forms of compensation require the plaintiff to prove that the defendant driver was at fault and the victim was not. Despite the complexity of most personal injury cases, both parties may share varying degrees of fault. To maximize your recovery, it’s advisable to seek guidance from a knowledgeable car accident attorney Philadelphia for a favorable court order.

There Is a Time Limit In Pennsylvania To File a Lawsuit After a Car Accident

In Pennsylvania, the statute of limitations for filing a civil claim after a car accident is two years from the time a person knew or should have known about their injuries. This also applies to personal injury claims involving medical malpractice, product liability, wrongful death, and other kinds of personal injury law. 

Claims against local or state governments are generally shorter. For personal injury claims that involve city, county, or state government, you are required to file a notice that you intend to sue within six months. 

If the time specified in the statute of limitations expires, then you may not be able to file a car accident lawsuit in Pennsylvania state court. However, there is a narrow set of exemptions to the statute of limitations.

To avoid the time requirement from lapsing or to determine if your case may fall under one of these exemptions, it is best to consult an auto accident attorney. Your Philadelphia car accident attorneys can help you understand whether you can file a personal injury trial after a car accident happened, and improve your chances of winning the case.

Full Tort Vs. Limited Tort Coverage

In Pennsylvania, insurance coverage companies offer full-tort and limited-tort options. You may have heard this referred to as “choice no-fault,” which means that drivers can choose between two kinds of coverage: full tort and limited tort.

A full tort covers a broad range of damages, including non-economic damages like pain and suffering. Limitation of tort means you can’t always sue for pain and suffering, so your insurer may only be liable for physical injury. However, there are certain exceptions to this.

According to Pennsylvania Motor Vehicle Responsibility Law 75 Pa. Cons. Stat. § 1705(d), certain exemptions apply when choosing a limited tort policy:

• If the driver who caused the accident was intoxicated, has a DUI, or agrees to participate in an Accelerated Rehabilitative Disposition (ARD) Program, the limited tort policy does not apply.
• If an uninsured driver caused the accident, limited tort insurance will not bind the injured victim.
• If the car that caused the accident was registered in another state, then limited tort does not apply. 
• If the injured individual was a passenger on a bus, taxi, Lyft, Uber, motorcycle, or any other rental vehicle, they are eligible for full tort benefits.
• A limited tort policy does not apply if an automobile injures a bicyclist or pedestrian.

Despite these exceptions, it’s important to keep in mind that every case is different. Exceptions can vary depending on the severity of injuries.

Pennsylvania also has modified comparative negligence laws that determine a victim’s compensation based on the degree of fault they may have caused.

Because the rules surrounding limited tort options and exemptions can be highly complicated, it may be best to consult with an experienced Philadelphia car accident attorney to understand how they may apply to you and assess the status of your Philadelphia claim. It is simple to retain a Philadelphia auto accident attorney to make this process less stressful.

Uninsured And Underinsured Motorist Coverage

An uninsured or unknown driver’s negligence causes injuries to those involved in an accident. It is important to have uninsured motorist benefits because, although it is against the law to drive without insurance in Pennsylvania, many people do. If an uninsured driver hits you in Philadelphia, this field of insurance will cover your medical and hospital bills, as well as other damages.

In a Philadelphia car accident, someone who does not have enough insurance to cover the victim’s medical costs provides underinsured motorist protection. It is important to have this kind of insurance because, unfortunately, many people only purchase the minimum amount of insurance required by law. Your underinsured motorist benefits will cover the difference if someone with the minimum insurance amount strikes you and your damages exceed their coverage. To understand this in detail, contact a Philadelphia car accident lawyer today!

Philadelphia Car Accident FAQ

1 . Can you still recover damages if you were not wearing a seatbelt when the accident occurred?

The answer is yes; you can still recover damages in the event that an accident occurs when you do not wear a seatbelt. When one party files a claim for economic damages, the other driver will obtain something known as seat belt defense. Furthermore, an individual may take precautionary measures by wearing a seat belt to avoid or reduce an accident injury. Whether you were wearing a seat belt while involved in a car collision or not, you still have the right to pursue damages from the negligent party.

2. How Do You Go Outside the No-Fault System?

In Pennsylvania, it may be possible to step outside of the no-fault system by filing a third-party claim against a negligent party. Third-party personal injury claims are available in cases of bodily injury or other non-economic damages. However, the injury must have occurred and include one of the following elements:

• Disfigurement; 
• Permanent impairment; 
• Total disability. 

Full-tort benefits also allow Pennsylvanians to circumvent the Commonwealth’s no-fault laws. This way, the drivers may pursue compensation for personal damages from the negligent party. Contact and speak with a car accident attorney in Philadelphia to determine where you stand on your personal injury claim.

3. What if the at-fault driver doesn’t have car insurance?

If the at-fault driver does not have car insurance, you will need to file a damage claim with your insurance agency or company, or file a lawsuit against the negligent party. If you lose an accident, Pennsylvania requires the other driver to have insurance. However, some drivers may not have insurance, which is why carrying an uninsured motorist option can be helpful in these instances.

4. Under what circumstances are insurance claims rejected?

Your claim will vary depending on your medical expenses and other damages. However, insurance companies will often try to pay you as little as possible. They may also reject your claim for a variety of reasons.

• Instances in which you were partially or wholly at fault
• You did not receive a medical evaluation.
• You did not experience any injuries.
• The claim is more than your maximum benefit. 

If you provide incorrect or misleading information to an insurance company, they may reject your claim and suspend payments until you provide them with the requested information. Therefore, it is important to make every effort to provide the correct documentation. Your Philadelphia accident lawyer can also calculate the maximum compensation amount and negotiate with these insurers on your behalf. Dealing with insurance companies is easier with a lawyer.

5. What Should You Do if You Need a Cash Settlement to Pay Medical Bills?

It may not always be a beneficial idea to accept the first cash settlement that an insurance company offers you. For example, an insurance company may seek to include “full” reimbursement for medical bills while treatment and surgery are still ongoing.

This may limit your ability to recover other medical bills or future damages. For this reason, your car accident attorney may advise you to not accept any early settlement amount, as it may prevent you from getting a full settlement amount in your case at last. Rather, contemplate engaging in negotiations with the insurance company to guarantee that your present and future requirements receive sufficient attention. Also, getting help from an experienced car accident attorney in Philadelphia can make a big difference in negotiations for everyone involved.