Rear-end accidents are one of the most common and dangerous types of accident in which you can be involved. In many cases, the driver in the front vehicle has no idea a collision is about to take place. Additionally, in many cases, the driver in the trailing vehicle hits the car in front with significant force. As a result, many rear-end accidents result in serious injuries that can leave victims with long-term medical problems.
Many people have heard that the driver of the car that struck the vehicle in front will always be considered at fault for a rear-end accident. While it is certainly true that the rear driver is often at fault, there are some situations in which the driver of the vehicle that was struck from behind can be held liable.
To understand why this is, it is helpful to keep in mind that in order to be deemed at-fault, a driver must have violated some rule of the road or driven in an unreasonably dangerous manner. Under , the driver of a motor vehicle “shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.” If a driver is following another vehicle so closely that he cannot slow down or stop in time to avoid a collision, there is a strong likelihood that he was in violation of this law.
Similarly, if a driver is simply not paying attention to the road ahead and slams into another vehicle, she would almost certainly be deemed and held liable. Some of the things that can cause drivers to collide with the vehicle in front of them include the following:
There are some situations in which the driver of the vehicle in front would likely be held liable for a rear-end accident. These include situations in which the driver in front:
In addition, there are certain circumstances under which a third party could be held liable for a rear-end collision. For example, if a defect with the road caused unreasonably slick road conditions which resulted in a rear-end accident, there is a strong possibility that the party responsible for the design or maintenance of the road could be held liable. If this kind of accident occurs on public property, the at-fault party is typically a state agency, meaning that victims have a very limited amount of time in which to file a claim. As a result, if you believe your rear-end accident was caused by a defective or poorly maintained road, you should speak to a Philadelphia auto accident lawyer as soon as you can.
At the Levin Firm, we are dedicated to helping rear-end accident victims recover compensation and will take the time to thoroughly evaluate the facts of your case. We understand how to negotiate with insurance companies to obtain the most favorable settlement possible and are not afraid to take a case to trial if we are unable to secure a reasonable settlement arrangement.
If you have been injured in a rear-end car accident or any other type of wreck, you should speak to a lawyer as soon as possible. At the Levin Firm, we will review the facts of your case at no cost to you and determine whether you will be able to recover compensation. We take all of our cases on a contingent fee basis, which means that you only have to pay legal fees if we successfully recover compensation on your behalf. To schedule a free case evaluation with a Philadelphia car accident lawyer, call our office today at 215-825-5183 or send us an email through our .
Involvement in an accident that results in an injury to oneself is not something most people expect. Car wrecks are often violent and traumatic and tend to leave those involved shaken, confused, and uncertain about what to do next. Many people wonder whether they need to call the police or whether they can simply exchange information with the other driver and continue with their day.
injury to or death of any person; or damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage or hazard to the vehicle, other traffic elements, or the roadway, and therefore requires towing.
As a result, you have an affirmative legal duty to call the police in the event that you have been injured in a car wreck in Pennsylvania. In addition, if the police do not investigate the accident, all drivers involved are required to submit a written to the Pennsylvania Department of Transportation within five days of the accident.
As an accident victim, there may be significant benefits involved in calling the police to investigate your accident—besides the obvious benefit of being in compliance with the relevant law. Under a legal doctrine known as negligence per se, individuals who are in violation of the law can often be held liable for any injuries they cause as a result of that violation without any further showing of evidence by the victim. Put more plainly, if the driver that hit you was breaking a traffic rule and receives a citation, that may be sufficient evidence for you to obtain compensation for your accident-related losses.
When you call the police after an accident, they will interview the people involved and any witnesses that may have seen the accident take place. They will also make a determination as to whether any laws were violated. If the police officers believe laws were broken, they will usually issue citations to the drivers who broke the law. In addition, they will likely perform sobriety testing on any drivers they suspect are under the influence of alcohol or drugs, and arrest them if there is probably cause to do so.
In this way, having the police investigate your accident can make your case much easier to win, provided that you are not the at-fault party. Some of the types of traffic violations that often lead to serious car crashes include the following:
Not only should you call the police after you are hurt in an accident, you should also call a lawyer. Here are some of the ways in which a lawyer can help you after you are hurt in a crash:
Perhaps the most notable benefit of retaining a lawyer after an accident is that it allows you to focus on the most important aspect of dealing with the aftermath of a serious wreck: your physical and emotional healing.
If you have been involved in an injury-causing accident in the Philadelphia area, you should speak to an attorney as soon as you can. If you can establish that your accident was the result of someone else’s negligence, you will likely be able to recover compensation for your losses, including the damage to your vehicle and other property, lost income, loss of quality of life, and physical and emotional pain and suffering.
At The Levin Firm, we are committed to representing the rights of accident victims and ensuring that they receive the compensation they deserve. To schedule a free consultation with an attorney, call our office today at 215-825-5183 or send us an email through our online contact form available .
According to the American Society for the Prevention of Cruelty to Animals, there are an estimated 70 to 80 million dogs owned in the United States. While dog ownership provides many benefits to humans and our canine companies alike, dogs also have the potential to cause serious injury when they bite. Dogs have extremely powerful jaws that can exert hundreds of pounds of pressure per square inch, potentially doing serious damage to human tissues. Fortunately, state law often allows people who are bitten by dogs to recover for their medical expenses and other associated expenses. To start the process of making a claim, victims should discuss their case with an experienced personal injury lawyer in their state.
Dog Bites can Cause Serious Complications
The Centers for Disease Control and Prevention report that approximate 4.5 million people are bitten by dogs each year. While the initial injury associated with a dog bite can often be extremely painful and cause other issues, sometimes what is more concerning to victims are the complications that can develop as a secondary result of the initial attack. These can include the following:
Neurological damage – Nerves do not regenerate as well as other human tissues, and dog bites that cause neurological damages may result in numbness, tingling, or even the loss of mobility in certain parts of the body.
Infection – Contrary to popular belief, dogs’ mouths are not actually more sanitary than our own. The reality is that dogs’ mouths contain millions of bacteria that could potentially infect a wound. In some cases, an infection develops long after a bite has occurred but while a wound is still healing.
Emotional trauma – A dog attack can be a traumatizing experience. For some people, an attack may trigger an emotional response that significantly affects their lives. Some may develop a fear of dogs that keep them from enjoying activities they once enjoyed, due to the ubiquity of household pets. These and other emotional issues may be compensable through a personal injury case arising from a dog bite.
The laws regarding dog bite injuries can be complicated and vary greatly from state to state. Consequently, anyone who has been injured in a dog bite should discuss their case with an experienced lawyer in their jurisdiction. Contact Gabriel Levin, Esq., and The Levin Firm to find out how to best proceed. Call (215) 825-5183 so we can help protect you or your loved one’s rights and interests.
Every parent should be aware that drowning is the number one cause of accidental death for children between the ages of one and four years old. This sobering statistic should be a cause for alarm. Every household should focus on safety when children have access to any type of water. This is especially true for families who have a swimming pool or who visit a private or public pool with their children.
While the risks of drowning are frightening, practicing pool safety can help to keep your child safe when swimming. The Consumer Products Safety Commission (CPSC) highlights the importance of safe practices with its “Pool Safely” Campaign.
Pool Safely provides educational materials for the public throughout the United States in an attempt to reduce fatal pool accidents. Through the campaign, parents and schools can have access to important safety tips and can pledge to encourage safety in and around swimming pools. Some of these safety tips include:
Attorney Gabriel Levin and The Levin Firm are concerned about the safety of you and your child in and around swimming pools. In fact, The Levin Firm has recently partnered with the Pool Safety Campaign to help encourage families in and around the Philadelphia area to practice proper pool safety. Other partners of the campaign include the Michael Phelps Foundation and the Boys and Girls Club of America.
The firm has been named as a Campaign Safety Leader, which means it is dedicated to promoting awareness of the campaign through its networks, events, and online communications. This is only one of the many ways in which The Levin Firm works to protect the best interests of families in the Philadelphia area.
Unfortunately, even with extensive training in pool safety, accidents and injuries still happen. The injuries resulting from a pool accident can be severe and even fatal, and can include:
If your child is injured in a pool accident because dangerous conditions existed in the pool area, The Levin Firm is here is advise you of your legal rights and help you recover financially for your losses.
If you would like more information about our partnership with the Pool Safely Campaign, pool safety tips, or how we may help if someone in your family was injured in a pool accident, please do not hesitate to call The Levin Firm. Call 215-825-5183 for a free consultation today.
Nowadays, the vast majority of people use their seat belts as drivers or passengers in a car, and with good reason. According to the website for the Centers for Disease Control (CDC), seat belts saved nearly 14,000 lives in 2015, alone. Indeed, Pennsylvania has laws requiring the use of seat belts in nearly all circumstances.
If someone is injured in an automobile accident—but did not have his seatbelt on, what does this mean for his rights as an injury victim? While insurance claims adjusters may press the individual to accept lesser compensation for property, pain, suffering, and medical bills, the truth is that the laws of Pennsylvania specifically protect victims in these cases. That’s why victims need experienced counsel on their side.
In Pennsylvania, “contributory negligence” (), states that the negligence of one injured party does not prevent him or her from seeking damages. The key is that the negligence of the victim must be less than the negligence of the opposing party.
Pennsylvania does have strong laws requiring the use of seat belts. That is, if a police officer in Pennsylvania pulls you over for, for example, speeding, and if the driver or a passenger is over 19 years of age and is not wearing a seatbelt, that person can be ticketed.
But that’s not all that the law says. Another Pennsylvania law——also says that a seat belt infraction “may not be used by an insurer for any purpose.” This means that regardless of whether an injured victim was wearing her seatbelt at the time of the accident, she may still bring a claim for damages.
If you or a loved one has been injured in an automobile accident—but did not have a seat belt on at the time of the accident—get experienced, professional counsel now. Contact a Philadelphia attorney who understands auto accident laws. Contact Gabriel Levin, Esq., and The Levin Firm to find out how to best proceed. Call (215) 825-5183 so we can help protect you or your loved one’s rights and interests.
Millions of Americans love motorcycles and the fun and freedom they bring. Of course, motorcycles also come with some safety concerns, too. Helmets are not mandatory for most riders over twenty-one years of age in Pennsylvania, but there are plenty of common sense tips that can help keep you safe on your journeys.
Unfortunately, accidents happen. According to the National Highway Traffic Safety Administration (NHTSA), in 2014, 4,586 motorcyclists died in crashes in the U.S. Forty-three percent of those died in single-vehicle crashed that year were alcohol-impaired.
On a more positive note, rider usage rates of Department of Transportation-compliant helmets continue to rise. In 2014, 60% of riders wore such helmets while in 2015, 64% did so.
Here are Some More Simple Suggestions That Could Greatly Reduce Your Chances of Serious Injury or Even Death:
Thankfully, there are many ways to make your riding as safe as possible. The Pennsylvania Department of Transportation (DOTY) website offers free brochures and safety classes, as well as some great safety tips like these:
If you want to fully enjoy your motorcycle, why not take all of the reasonable precautions you can?
If you have been involved in a motorcycle accident, contact a Philadelphia attorney who understands motorcycle safety and motorcycle accidents. Contact Gabriel Levin, Esq., today, at The Levin Firm. Call us at (215) 825-5183 so we can learn about your accident, and find out how we can help you.
Losing a loved one is often devastating and a life-altering experience. If that death was caused by the actions of another, you may have to face some challenging legal issues, as well. There are two types of actions in civil litigation for the family of someone who died due to negligent or intentional circumstances: wrongful death and survival. Navigating this legal situation and understanding the differences between these two claims is crucially important. Pennsylvania permits the recovery of damages due to an accidental death caused by someone else’s negligence or other conduct under two statutes: the Wrongful Death Act, 42 Pa.C.S. § 8301, and the Survival Act, 42 Pa. C.S. § 8302.
Pennsylvania law only provides a cause of action for the spouses, parents or children of a fatal accident victim. If the there are no such parties the personal representative of the decedent’s estate may bring such a claim.
The damages in wrongful death claims are the damage directly incurred by the specified family member. That is, the loss of income and support the decedent would have provided but for the death, medical and funeral expenses for the family, as well as the loss of companionship and related contributions to the family. This can all be difficult to prove in court, especially the last and most powerful loss of companionship, and lay and expert witnesses will likely be needed to demonstrate the loss.
Survival actions seek damages on behalf of the decedent, his or her self, and seek to recover damages had they had survived the accident. This includes the conscious pain and suffering that the decedent was subjected to throughout from the time of the incident until their time of death.
Again, such damages are not always easy to measure or prove in court. Lay and expert witnesses will likely be needed to fully demonstrate.
If you have lost a loved one, you need an attorney that can take the pressure off of you and who understands the legal challenges you are facing. Call attorney Gabriel Levin at The Levin Firm today to talk about how we can help. Call (215) 825-5183 and so we can understand your situation, and how we can begin to help.
According to the U.S. Department of Transportation’s website, the use of seat belts is at its highest levels since the first studies in 1994. Seat belt use saves thousands of lives and prevents thousands more serious injuries every year. Why are so many people smartening up and how much difference does it make?
It may be surprising if using a seat belt is a habit for you personally, but it has actually taken decades of concerted effort to get seat belt use up over 90%, where it is today. It was not until 1984 that the first seat belt law went into effect and years of lobbying efforts have lead to 49 out of 50 states have now made seat belt use mandatory for adults. Further, 30 out of 50 states have what are called “primary” seat belt laws, meaning law enforcement can pull over a vehicle for a seat belt infraction, alone. Thus, these laws, along with stronger along with awareness programs and simple self-preservation, has been a great success.
Despite those efforts, who is most likely to still not buckle up? According to the Center for Disease Control, these groups include:
The numbers are pretty straightforward. According to the CDC, again:
If you have been involved in an auto accident, hopefully, you had a seat belt on, but you still may have been injured. If so, you should not wait to contact an attorney experienced in auto safety and auto accidents. Contact attorney Gabriel Levin with The Levin Firm today to talk about your options. Call us at (215) 825-5183 and so we can learn about your accident and how we can help.
Car accidents are fairly common in Pennsylvania. The Pennsylvania Department of Transportation estimated that at least 121,000 alone occurred in 2015 alone. Approximately 9% of those 121,000 accidents occurred solely in Philadelphia and approximately 7% of all traffic-related deaths occurred in Philadelphia.
If involved in an accident, the first step is to ensure that none of the involved parties are in need of immediate medical attention. If someone is seriously injured, call for an ambulance immediately. If the parties are able to get up and walk away from the scene of the accident, the next step is to exchange basic information such as driver’s license, insurance, and personal contact information. After that, contact the police and have them come to the scene to create a police report. A police report may be helpful when discussing things like liability with an insurance company. If for some reason a lawsuit is brought arising out of the accident, the police report will prove as a critical piece of evidence.
Make sure to document the scene of the accident as well as any damages incurred. If someone has scrapes or bruises on their body, take high definition pictures from multiple angles. Similarly, if the vehicles involved have suffered damage, make sure to take high-resolution pictures of the damages. Keep everything organized and stored in a safe place. Make copies if necessary. Insurance companies will try to find a way to deny a claim if possible, but it is very difficult to deny if the victim has pictures.
In any car accident case, the injured party may be eligible for damages sustained to both their person and their property. If liability is clear – that is – if the injured party did not somehow contribute to their own injury – then they may be entitled to recovery for:
Being involved in a car accident can be a stressful and traumatic experience. In addition to dealing with insurance companies, the injured parties often times have to take time off work to heal and spend a considerable amount of money to fix the damages done to their vehicles. This is why it is so important to have a competent and zealous legal advisor by your side to help guide you through the process.
If you or a loved one has been involved in a car accident, contact the experienced personal injury attorneys of The Levin Firm today. Our offices are located in Philadelphia, Norristown, and Feasterville and we offer free initial consultations. Call us at 215-825-5183 today to discuss your potential lawsuit.
Sadly, the world is not filled with all good people. Every now and then, there are a few bad apples who think they can collide with another person’s vehicle and get away with it. The attorneys at The Levin Firm have helped many clients recover from hit and run accidents. Here are a few helpful tips who individuals who have been involved in a hit and run accident:
Stay Put and Remain Calm. The first thing someone might do when they realize that the individual who hit them is attempting to flee is to chase after the other driver. This will not be helpful and can be dangerous. Instead, the person who has been should remain calm and immediately center their focus on the other vehicle. Try to remember everything about it, the make, model, color, and if possible, the first few digits of the license plate number. It would also be helpful to make a mental note of any distinctive characteristics such as whether the vehicle has any noticeable dents or bumper stickers that would set it apart from other vehicles.
Call the Police. After making a mental note of everything previously mentioned, call the police and report the incident. Make sure to give the police officer any information you may be able to recall about the other vehicle(s) involved as well as a description of what the driver looked like.
Look around for Witnesses. Chances are someone else witnessed the hit and run incident. Flag that person down and see if they would be willing to give a statement as a witness in your case. In some circumstances, this can be very helpful. Third-parties who were witnessing the hit and run occur as it transpired may have a completely different perspective than the injured victim.
Pay Attention to Surroundings. In today’s modern age, many storefronts and intersections are equipped with video cameras. If the accident occurred in a shopping center, for instance, look around to see if any stores make use of video cameras outside their store fronts. Look up to see if the parking lot has cameras. If the accident occurred at a stoplight, see if there are any red-light cameras equipped. In many circumstances, it may be possible to obtain this footage and identify the driver involved.
Document Damages. Take high-resolution pictures of the damage done to your vehicle. If you are in pain, seek out medical attention immediately. Keep records of any medical expenses incurred as a result of the injuries.
Contact a Lawyer. Many think the next step is to contact his or her insurance company. This is not necessarily true. An insurance company may not always have the insured’s best interest in mind. It is important to have a lawyer read over your insurance policy first to determine how to go about speaking with the insurance company.
Contacting the Insurance Company. If you do not decide to hire an attorney to represent you, then you will need to file a claim with the insurance company. Your policy may allow for what is called “uninsured motorist” coverage which can cover damages incurred from a hit and run incident.
Hit and run accidents can be traumatic and stressful. If you or a loved one has been involved in a hit and run accident in Philadelphia, Norristown, Feasterville, or the surrounding areas, contact the competent car accident attorneys of The Levin Firm today at 215-825-51583 to discuss your potential claim.
Rear-end accidents are one of the most common and dangerous types of accident in which you can be involved. In many cases, the driver in the front vehicle has no idea a collision is about …September 15, 2017
Involvement in an accident that results in an injury to oneself is not something most people expect. Car wrecks are often violent and traumatic and tend to leave those involved shaken, confused, and uncertain about …September 8, 2017
According to the American Society for the Prevention of Cruelty to Animals, there are an estimated 70 to 80 million dogs owned in the United States. While dog ownership provides many benefits to humans and our …view more