If you have been involved in a car accident in Philadelphia, you may need the services of a Philadelphia car accident lawyer. The Law Offices Of Greg Prosmushkin is experienced in dealing with car accident cases and can help you get the compensation you deserve.
We have successfully represented many clients in car accident cases and are proud to have a proven track record of success. Contact us today for a free consultation to learn more about how we can help you.
What To Do After An Auto Accident
Auto accidents can be devastating and completely change victims’ lives. It is essential to be proactive in ensuring your rights. You can take some steps to keep yourself and your loved ones safer after an accident.
- Do not leave the accident site– Car accident victims should always stop after an accident, even if there are no injuries or the accident is minor.
- Protect the scene– Make sure you take precautionary measures to prevent further crashes or losses. During the night, you can use a flashlight to be safe. Many people who face hit and run forget to follow these precautions, and it can result in more devastation.
- Call the police– This step should not be missed in any circumstances. Call the police and report the incident no matter what type of crash it is. If you wish to file a claim with the insurance company later, a police report will be required. Exchange all information with the police when they arrive.
- Don’t refuse an ambulance– Call the ambulance and board it to reach the hospital for medical assistance. Proper medical attention after the accident can be of great help. You should take all recommended medications, tests, and treatments when you arrive at the hospital.
- Make a proper record– Take pictures or videos of the site, note the contact numbers of eyewitnesses, and record their statements.
- Notify your insurance company– Apart from taking the above steps, it is vital to inform your insurance company as soon as you can.
- Protect your rights– Consult a legal professional to file your car accident claim.
Car accident survivors must follow all these important steps after facing a deadly crash. Further, preserving evidence will also prove to be beneficial in filing a lawsuit against the at-fault party.
What Are The Common Types Of Car Accident In Philadelphia
Fair compensation for the victims who have been injured in a wide variety of accident types in Pennsylvania is necessary. Take help from a competent Philadelphia Car Accident Attorney if you have been involved in any of the following:
- T-bone collisions
- Head-on collisions
- Single vehicle accidents
- Rollover crashes
- Hit and run accidents
- Ridesharing accidents
- Uninsured and underinsured motorist crashes
- Rear end collisions
- Multi-vehicle accidents
- Road construction accidents
Whether your crash involves one, two, or multiple vehicles, an attorney can prove to be beneficial for you and your rights.
Types of Damages You Can Collect After a Car Accident
If you are willing to file a lawsuit, you will need proper evidence of your damages. Damages refer to the financial losses, non-financial losses, and injuries sustained by the victim. There are various types of damages at your disposal, each with certain limitations. An attorney may be able to help you identify all the damages that you can claim.
The car insurance claims should pay for the economic damages, since they have a clear cost that can be linked to the damage. Two of the fundamental economic damages that a victim faces after a car accident are medical bills and lost wages.
- Medical bills may include transportation to the hospital, emergency surgeries, emergency care, appointments with the doctor, mental health counseling, and physical therapy if needed. These all fall under economic damages, and they will vary from case to case.
- Lost wages are an important part of the case. If a victim’s injuries are serious enough and they are not able to work anymore, the family may require financial support. If the injuries result in a disability, and the victim is unable to return to work, they may be a financial loss. An attorney will know how to calculate all your past and present lost income. The amount calculated will be included in the compensation received by you and your family members.
- Economic damages may also include vehicle repairs, childcare during medical appointments, payments for household services, and other vital damages that are linked to the accident.
These damages refer to items that have no monetary value, such as pain and suffering. Pain can include physical pain, as well as the trauma from the experience of the accident, while suffering can include the emotional and mental stress caused by the accident. Non-economic damages can prevent you from enjoying life and engaging in fun activities, as well as from performing daily tasks, such as picking your child up from school. These damages can have a significant impact on your life.
Documenting the impact of injuries and new circumstances on your life is an important part of the injury claims process. By providing detailed evidence, you can ensure that you receive the full compensation you are entitled to. Additionally, having this documentation can help to reduce delays in processing your claim, as it will provide a clear picture of how your injuries have affected you.
Punitive or exemplary damages are those damages awarded to the victims to punish the parties at fault for the accident. The purpose is not to compensate the victims, but rather to punish the parties involved, so they can realize their mistakes.
The purpose of punishing the parties is to deter future misconduct and to demonstrate that there are consequences for breaking the law. This can also help to restore public confidence in the justice system by showing that wrongdoers are held accountable for their actions.
Punitive damages are awarded in special cases that can include reckless driving, road rage, and driving under the influence. Punitive damages are awarded when a defendant’s conduct is found to be particularly egregious and warrants punishment that goes beyond compensating the plaintiff for their losses. The awards can be given to both the drivers and the organizations that employ them.
It is also important to check the laws pertaining to the jurisdiction of the case, as not every state permits punitive damages. An experienced lawyer is familiar with the laws in your jurisdiction and can advise you on whether your case meets the criteria for punitive damages.
Considering all the points mentioned above, you should be careful while driving—and if someone hits your car, you should act accordingly. At-fault drivers should be held accountable to improve the safety of the people in Philadelphia. If you are involved in a car accident, hiring legal counsel may help you achieve success with your claim for damages.
Pennsylvania Motor Vehicle Accident Statistics
The total number of people who lost their lives due to motor vehicle crashes in Pennsylvania in 2019 was nearly 36,096. Of this number, the percentage of victims who were driving a car was 68%. The percentage was 24% for car passengers. Motorcyclists and pedestrians each composed 3% of the total, and pedal cyclists amounted to nearly 2% of the total for 2019.
Analyzing based on the age group, we discovered that out of per 100,000 population, people of the age group 21 to 24 had the highest fatality and injury rate. The lowest fatality rate was observed to be among children from 5 to 9 years.
The percentage of fatalities due to alcohol-impaired driving crashes varied based on the time of day. From midnight to 2:59 AM, 56% of people involved in this type of crash died. Between 3 AM to 5:59 AM, 38% died. And from 6 AM to 8:59 AM, 14% died.
From 9 AM to 11:59 AM values were recorded at 10%, from noon to 2:59 PM it was 13%, from 3 PM to 5:59 PM it was 20%, and from 6 PM to 8:59 PM, it was 31%. From 9 PM to 11:59 PM, 41% died, and 41% of crash victims were killed at unknown times.
Pennsylvania Auto Crash Severity Statistics
Individuals reported as injured due to traffic accidents numbered 3,555,000 in 2019, out of which 55.1% involved passenger cars, 38.7% involved light trucks, 3.3% involved large trucks, 2.3% involved motorcycles, 0.4% involved buses, and 0.2% involved other vehicles.
The number of traffic accidents that caused property damage numbered 8,539,000, out of which 53.7% were from passenger cars, 40.4% were from light trucks, 4.8% were from large trucks, 0.7% were from buses, 0.3% were from motorcycles, and 0.1% happened due to other vehicles.
Pennsylvania Auto Accident Fatalities
In 2019, reported fatal traffic accidents numbered 51,247, of which 38.7% involved light trucks, 38.2% involved passenger cars, 10% involved motorcycles, 9.8% involved large trucks, 1.2% involved other vehicles, and 0.5% involved buses.
Pennsylvania Auto Fatalities Due To Speeding
Now, let’s analyze the number of vehicles that were involved in crashes due to speeding in 2019. The total number of vehicles that were involved in crashes was 51,247.
The percentage of vehicles involved in crashes in areas with speed limits of 30 mph or less was 9.3%. Vehicles traveling in a 35 to 40 mph speed limit composed 17.7%. Fatalities in 45 to 50 mph speed limit areas numbered 20.4% of the total. The 55 mph areas composed approximately 25.1% of the fatalities, 60 mph areas composed 23.1%, and vehicles in an area with no statutory speed limit was 0.9%.
Primary causes of car accidents
There can be several causes leading to car collisions. Driver negligence is one of the most common causes of auto crashes. Some of the other risky behaviors are:
- Driving while intoxicated;
- Distracted driving;
- Red light jumping;
- Avoiding safety gear such as seat belts and helmets;
- Non-adherence to lane driving;
- Violation of traffic rules;
- Driving without a license; and more.
There are also other external factors that can contribute to car accidents such as poor weather conditions, faulty road infrastructure and traffic congestion. It is important to identify the cause of the accident in order to determine who is at fault.
What Types Of Injuries Do Car Accidents In Philadelphia Cause?
Car crash survivors like you need help due to the life-threatening injuries caused. Whether it is a minor or a severe collision, it may have caused pain and even disability in extreme cases. Our competent Philadelphia Car Accident Lawyers have provided help to various injured victims who have suffered fatal injuries such as:
- Traumatic brain injuries
- Spinal cord injuries
- Broken Bones
- Head and neck injuries
- Soft tissue injuries
Hefty medical expenses due to catastrophic injuries may drain your savings. Car wrecks can cost injured victims a huge amount that you need reimbursement for. Do not sign any settlement agreement without consulting an experienced Car Accident Attorney. They will help you in getting fair compensation.
How Much Is My Philadelphia Car Accident Claim Worth?
Every car accident case is unique and several factors determine the actual value of your claim. The settlement amount will depend on:
- Whether you negotiate a settlement or go to trial;
- The severity of the injuries;
- Your long-term medical prognosis;
- Whether you were the primary financial earner for your family;
- Your percentage of fault for your injuries; and
- Ongoing rehabilitative and home services costs.
Compensation for your damages is intended to make you financially whole and bring some degree of relief to you and your family. Any actual damage award will depend on the particulars of your case. An experienced Philadelphia Car Accident Lawyer can provide you necessary information about how to proceed further.
What Damages Can You Recover After A Car Accident?
The extent of loss and damages can vary from person to person. It is best to thoroughly evaluate all losses before filing a claim to get sufficient compensation. You can request compensation for everything from injuries to treatment costs, vehicle damages, lost wages, pain, and suffering. Here are some more details about the damages that you can recover:
- Property damage— When a car accident damages your vehicle, house, or any other property, you can include it in your claim.
- Medical expenses— The treatment recommended by your healthcare expert should be followed perfectly. You can add to your claim the cost of all treatments.
- Lost wages— Suppose, you are unable to go to work due to the injuries, you are entitled to get compensation for lost wages.
- Pain and suffering— Apart from injuries, damages, and other losses, you can include in your claim other suffering such as anxiety or depression.
- Wrongful death— When you or your loved one has sustained severe injuries and could not survive, you deserve compensation for wrongful death.
Pennsylvania has modified comparative negligence law which states that if you have more than 50% blame for the crash, you will not be entitled to recovery. However, in the case when you are found liable for the collision, your compensation will be reduced by the percentage equivalent to your fault.
Who is at fault in a car accident?
After facing a car crash, it is important to identify the liable party. In order to determine who is at fault, a thorough investigation of the crash needs to be conducted. Generally, fault in an automobile accident is determined by looking at the facts of the specific incident and applying the applicable laws.
Commonly, the liable party is the driver who acted negligently; however, other parties may be responsible. Some of the other parties who may also be liable in a car accident are as follows:
Shipping companies: Some accidents may occur due to the failure of a shipping company to maintain balance while transferring loads in a tractor-trailer, thereby causing injuries to other car and vehicle passengers sharing the road with them.
A government entity responsible for maintaining roads: Government agencies will be responsible for maintaining the roads in proper condition. If the road is in poor condition, or there was not a proper warning of an upcoming hazard, then the government agency may be liable for an accident.
Auto part manufacturers: If an auto company sells a part that is not up to safety standards and does not mention this to the consumer, they can be held responsible if said part causes an accident. This includes any accidents or injuries caused by the malfunctioning product.
Bar, or other establishment if the driver is under the influence of alcohol: According to Pennsylvania’s Dram Shop Law, any establishment can be liable for damages if an accident occurs due to the negligence of a drunk driver. An individual who is visibly intoxicated should not be served any drinks, as it is illegal in Pennsylvania.
To prove the restaurant or bar is liable for the accident or injuries, the victim of the accident needs to prove that the alcohol in question was served to a visibly intoxicated individual.
Can You Sue for Pain and Suffering for an Auto Accident Injury in Pennsylvania?
If you or a loved one has been in an accident and have suffered injuries due to the negligence of another party, you may be entitled to compensation. Depending on your circumstances, this compensation may include medical treatment expenses, property damage compensation, and noneconomic damages.
In many instances, however, your compensation will depend dramatically on your insurance policy. Depending on the terms and conditions of your policy, you may or may not be eligible to receive non-economic damages such as pain and suffering.
Generally, an automobile insurance policy can either contain limited tort or full tort coverage. Budget-conscious consumers may choose the limited tort option which is usually the cheaper of the two.
Accident victims with full tort auto insurance coverage with full tort coverage may be allowed to sue for pain and suffering under Pennsylvania law. Non-economic damages are those damages that cannot readily be quantified monetarily. Commonly, they comprise mental anguish, emotional trauma, stress, and pain.
However, in a limited tort auto insurance policy, you cannot claim pain and suffering until you meet one of the exceptions mentioned in the applicable statute. While the initial upfront cost of these policies may seem the cheaper option when purchasing auto insurance, it may be much more costly after a car accident.
A full tort policy will provide you with more coverage and thus will likely be more expensive. Following an accident, if you have full tort coverage, you may be able to sue for non-economic damages. Of course, the major disadvantage of a full coverage policy is the higher premiums.
Which Car Crash Cases Do Not Involve Proving Any Negligence?
There may be situations where it is not required to prove negligent actions. Suppose, the accident occurred due to the malfunction of the car parts or if the car parts are defectively designed, there is no need to prove any negligence.
Car manufacturing companies will take every step to avoid any responsibility to pay for the damages. They will use arguments to avoid any liability such as the car driver was not driving properly and it was their fault. However, it will be clear from the evidence what caused the deadly collision.
It is the fault of the manufacturing company that manufactured the car. In such cases, the mechanic who worked will be responsible and the company will be held liable for the damages. It is important to tell every minute detail of the case to your Car Accident Lawyer. They will represent your case in court and prove how the manufacturing defect caused the damages.
Do I Need A Philadelphia Car Accident Attorney For My Case?
Many people face motor vehicle accidents due to the negligence of others. It is essential to know that taking the proper steps after an accident is vital to safeguarding your future.
An experienced car accident lawyer will review exactly what happened in your crash and answer any questions you may have about how to proceed further.
We have years of experience in this industry and have helped numerous accident victims overcome tough times after a crash. It will help you to get the deserving compensation for your losses and damages.
We ensure fast response to our customers and will demonstrate our complete loyalty while fighting for your rights.
Everyone should be aware of the best ways to handle auto crash cases, especially since Pennsylvania sees over a hundred thousand accidents every year. If you are familiar with the car accident statistics reported in PennDOT, you know that the number of car accidents and damages that people face each year is an eye-opener. Statistics for every year are recorded on the platform.
Contact A Philadelphia Car Accident Lawyer At The Law Offices Of Greg Prosmushkin
At our office, your comfort is paramount. Our professionals have mastered several languages including Spanish, Russian, Polish, and Ukrainian. Therefore, do not hesitate regarding the language barrier, as we are here to help. It will not cost you a penny to discuss your auto crash case with one of our professionals.
We offer free initial consultations to all potential personal injury clients. To arrange yours, contact our personal injury law firm by calling one of our offices: (215) 673-7733 in Philadelphia. You can also Send Us an Email, and we will respond promptly.
Car Accident Attorney in Philadelphia | Greg Prosmushkin