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May 25, 2017

Examples of Common Auto Accident Injuries

Auto Accident Lawyers in PA

Car accidents are like people – no two are exactly the same. For this reason, the injuries that result from a car accident can also vary widely from one crash victim to the next. However, there are certain types of serious injuries that are regularly seen in car accident victims because of the nature of the crash. The following are only a few examples of common auto accident injuries.

Head injuries – Most people do not wear helmets inside their cars or trucks. Therefore, the head is generally completely exposed in a crash. Despite airbags that are meant to protect a motorist from hitting his or her head on a steering wheel or dashboard, the head often suffers trauma in a serious crash. In addition, the sharp jolt of an impact can be enough to cause injury to the head and the brain. Some common head injuries include:

All of the above require medical attention immediately and may have lasting physical and/or cognitive effects for victims.

Neck and back injuries – One of the most commonly cited injuries after a car crash is “whiplash.” The term whiplash can refer to a number of soft tissue injuries in the neck affecting the muscles, ligaments, or tendons. Regardless of the specifics of a particular whiplash injury, this type of injury can be painful, can limit mobility and abilities, and can require extensive therapy and treatment to fully heal.

In addition, many parts of the back can be injured in a car accident. There are muscles, joints, and soft tissue in the back that can be damaged. Anyone who has suffered a back injury knows it can cause extreme and chronic pain. Back injuries often keep victims from working or even moving around for a period of time. Medication, rest, therapy, and more may be needed in order to recover from a back injury, and there is always the chance of reinjury in the future.

Spinal cord injury – The spinal cord is an essential part of the body, sending messages from the brain to regulate organ function and facilitate movement in your limbs. When any part of the spinal cord is injured, the body below the point of injury can be affected, as messages from the brain can be disrupted or can even completely cease. Many spinal cord injuries result in a period of paralysis, which can be permanent in the most serious incidents. Spinal cord injuries require emergency treatment for stabilization and constant monitoring to prevent complications and increase the chances of regaining abilities. For paralyzed spinal cord injury victims, their lives will be forever changed, and they will require ongoing care and treatment for the rest of their lives.

No matter what type of injury you sustained in your car crash, it is likely that it affected your life in many ways and resulted in substantial financial losses as well as pain and suffering. You should be aware that if another party caused your crash, you have the legal right to seek financial recovery for all of your injury-related losses.

Contact a Philadelphia Auto Accident Lawyer for a Free Case Evaluation

By calling a Philadelphia car accident law firm, you are making the financial recovery process substantially easier so that you can focus on your own physical recovery from your serious injuries. The Levin Firm will help you through the insurance claim process and through a personal injury lawsuit if needed so that you receive full compensation for your injury-related losses. We are here to help, so please call for more information at 215-825-5183 today.

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May 18, 2017

Truck Accidents Are Dangerous, Says Philadelphia Auto Accident Attorney Gabriel Levin

Philadelphia Truck Accident Attorney

If you have driven anywhere in the Philadelphia area, you have certainly seen large commercial trucks like semis, tankers, big-rigs, and flatbeds traveling from place to place. While the majority of trips undertaken by commercial vehicles go smoothly and without incident, it is important to remember that the vehicles are capable of causing serious injury when they are involved in accidents and pose a risk to everyone who shares the road with them.

At The Levin Firm, we are committed to representing the rights of individuals who have been injured in truck accidents in and around Philadelphia and throughout the state. Below is some information about truck accidents and truck accident litigation that may be helpful to motorists generally and people who have been hurt in a wreck with a commercial truck in particular.

Truck Accidents Are Often the Result of Truck Driver Negligence

The rules of the road are there to keep us all safe. Hypothetically, if everyone followed all traffic laws at all times, accidents would almost never happen. Unfortunately, as we all know, motor vehicle accidents occur on a daily basis, and they are often attributable to the negligence of a single driver. There are many ways that a truck driver’s negligence can result in a serious accident. Some of the more common examples of such negligence include:

  • Speeding
  • Distracted driving
  • Hours of service violations
  • Following too closely
  • Ignoring adverse weather conditions
  • Failure to yield the right of way
  • Drunk or drugged driving
  • Federal Motor Carrier Safety Regulation (FMCSR) violations

Truck Crashes Can Cause Extremely Serious Injuries

Trucks often weigh 20-30 times as much as the passenger vehicles with which they share the road. When they are involved in collisions, they can literally crush other vehicles and cause extremely serious injuries to the people inside. Examples of injuries that are commonly sustained in truck accidents include the following:

In many cases, victims who sustain injuries like those listed above or others are unable to work for an extended period of time and incur medical bills well into the hundreds of thousands, if not millions, of dollars. In particularly serious cases, victims will need ongoing care for the rest of their lives and may be unable to earn a living.
The fact that these injuries can be so serious and have such devastating consequences means that truck accident victims can often recover significant compensation for their current and future losses.

Truck Accident Victims Should ALWAYS Retain an Attorney

Many truck accident victims question whether they need to retain a lawyer to represent them, especially if the trucking company’s or truck driver’s insurance company is making a settlement offer. It is important to understand that determining the value of a truck accident case is a complicated matter, and you need to have an idea of what your case is worth before accepting a settlement offer. In addition, insurance companies have been known to engage in tactics that are designed to get victims to accidentally admit liability for their accident, so it is best to allow your lawyer to communicate with the insurance company on your behalf.

You Will Not Pay Legal Fees Unless You Recover Compensation

As a truck accident victim, you may be worried about how much it will cost you to retain an attorney. Because we take all our injury cases on a contingency fee basis, you can rest assured that you will be able to afford legal representation. Our fees are contingent upon recovering money on your behalf, which means that we do not get paid unless you do.

Call a Philadelphia Auto Accident Lawyer Today to Schedule a Free Consultation

If you have been injured in an accident with a commercial truck, you should enlist the help of an experienced lawyer as soon as you can. To schedule a free consultation with one of our lawyers, call The Levin Firm today at 215-825-5183 or contact us online.

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May 11, 2017

Most Dangerous Places for a Motorcycle Accident

Motorcycle Accident Attorneys in PA

Motorcycle accidents injured some 88,000 people in the United States during 2015, according to data published by the National Highway Traffic Safety Administration (NHTSA). While motorcycle accidents can occur anywhere, there are some places that are more dangerous than others. As a result, motorcyclists should take extra precautions if they find themselves in one of these areas or situations.

Busy Intersections

Intersections are inherently dangerous places for all motorists, particularly when those intersections are busy. At an intersection, vehicles, pedestrians, and bicyclists are traveling across one another’s paths, often perpendicularly. In addition, while a two-way intersection is dangerous enough, many urban areas have five-way or even six-way intersections, often resulting in extremely complex traffic patterns that are difficult to anticipate.

While intersections put everyone at risk, motorcyclists are at a particularly high risk of involvement in an accident at intersections because their smaller size makes them harder for motorists to spot. As a result, anyone riding a motorcycle should be extra careful when entering or approaching an intersection and make sure to follow the rules of the road.

Congested Roadways

Another situation in which motorcyclists are at an increased risk of involvement in a wreck is when they find themselves on a congested road. When vehicles are close to one another, motorcyclists tend to get boxed into areas where there is little room to maneuver. As a motorcyclist, it may be tempting to use your smaller size to zoom through traffic and between cars that are stopped or moving slowly because of heavy traffic. This practice, known as “lane splitting,” is not only illegal in the state of Florida but also extremely dangerous. Many drivers do not expect a motorcyclist to suddenly be beside them and may try and switch lanes without any warning. In addition, any error that you make could cause you to slam into the back of a slower moving or stopped vehicle, potentially throwing you off your bike and into traffic.

Roads with Low Sight Distance

Being able to see what is ahead of you is essential to avoiding collisions with other vehicles, objects, or avoiding road hazards. While the idea of taking your motorcycle out on a curvy road and seeing what it can do may be appealing, it also significantly increases your risk of involvement in an accident.

There are many ways that accidents on roads with low sight distance can occur. For example, motorists may not see that you are coming around a turn or over a hill and veer into your lane, causing a serious head-on collision. Similarly, if you are traveling at a high rate of speed, you may not be able to see a stopped vehicle or road hazard around a sharp turn until it is too late to avoid it.

Motorcyclists Injured in High-Risk Areas Can Often Recover Compensation

The fact that a particular situation is inherently riskier than others does not relieve other drivers of the duty to drive in a reasonably safe manner. For example, drivers should still stop at red lights at a confusing intersection, and the fact that a road has sharp curves does not mean that it is okay for a vehicle to weave out of its lane. For this reason, motorcyclists who are injured in accidents that occur in high-risk situations should always have their crash reviewed by an attorney in order to determine whether they can recover compensation.

Call a Philadelphia Motorcycle Accident Lawyer Today to Schedule a Free Consultation

If you have been hurt in a motorcycle accident in the Philadelphia area, you should discuss your case with a lawyer as soon as you can. The lawyers of The Levin Firm are committed to protecting the rights of motorcycle accident victims and understand how to maximize any settlement or award you obtain. To schedule a free consultation with one of our attorneys, call The Levin Firm today at 215-823-5183 or contact us online.

 

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May 4, 2017

TBIs Can Be Caused by a Variety of Accidents

TBI Attorneys in PA

Traumatic brain injuries,1 or TBIS, are among the most serious kinds of injuries a person can sustain. They can occur when you hit your head on another object with sufficient force or even when your head snaps back and forth on your neck. The most common form of TBI is known as a concussion, and more severe brain injuries often leave victims with cognitive and physical disabilities that can last a lifetime. Additionally, even repetitive mild TBIs have been linked to serious issues like Parkinson’s disease and early-onset Alzheimer’s disease.

Many TBIs are the result of accidents caused by the negligence of other people, which means that victims are entitled to compensation for their losses. Here are some of the more common accidents that have the potential to leave individuals with brain injuries.

Car Accidents

People are involved in car accidents on a daily basis in the Philadelphia area. Even in the best of circumstances, a car wreck can easily involve forces that cause a vehicle occupant to hit his or her head on the dashboard, windshield or other surfaces. In more serious cases, victims are thrown through windshields and end up hitting the ground or another vehicle.

Slip and Falls

Most people think of slip and falls as minor accidents that cause only minor injuries like bumps and bruises. While it is certainly true that most slip and fall victims can walk away from their accidents, if they happen in a certain way, victims can end up hitting their heads on the ground or another object as they fall.

Bicycle Accidents

Bicyclists are among the most vulnerable people on the road. In accidents, they can easily be thrown from their vehicles and end up hitting their heads on the ground, cars, or even nearby objects like buildings or trees. Furthermore, TBIs can occur even when bicycle accident victims are wearing helmets and other safety gear.

Workplace Injuries

Many TBIs occur at work. While it may seem obvious that people who work in high-risk industries, such as construction or manufacturing, are at risk for brain injuries, you should keep in mind that even people who work behind a desk can hit their heads while they are at work. Importantly, while many workplace injuries limit people to workers’ compensation2 claims, there are plenty of circumstances under which a workplace injury gives rise to a personal injury claim. Some of the more common include the following:

  • Accidents caused by third-party contractors
  • Accidents caused by defective workplace tools
  • Accidents caused by the intentional conduct of an employer

Call a Philadelphia Personal Injury Attorney Today to Discuss Your Case

If you have sustained a traumatic brain injury in an accident caused by the negligence of another person, you should contact a lawyer as soon as possible. At The Levin Firm, we are committed to providing brain injury victims with effective and solution-oriented legal representation. To schedule a free consultation with one of our lawyers, call our office today at 215-285-5183 or contact us online.

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April 27, 2017

Philadelphia Semi-truck Accident Attorneys Offer Accident Tips

Semi Accident Attorneys in PA

Accidents involving large trucks injure thousands of people every year. In many cases, these wrecks are the result of negligence1 on the part of the truck driver or another party responsible for the truck or its cargo, meaning that victims are often entitled to compensation. A check does not get put in the mail automatically after an accident, however, and there are certain things that victims can do in order to maximize their chances of recovery, some of which are detailed below.

Do Not Apologize

While apologizing after an accident may seem like good manners, it is not a good idea to say you’re sorry after a car crash, as doing so can be interpreted as an admission of fault. After an accident, you should be polite, exchange information with the other drivers involved, and answer any questions that the police ask, but be sure not to say anything that could be taken as an apology.

Be Careful with Your Social Media Use

While involvement in a truck accident may seem social media-worthy, it is important to keep in mind that social media posts can have an effect on the way that your case is resolved. For example, if you post pictures of yourself exercising, traveling, or engaging in other activities that could be seen as indicating that your injuries are not as severe as you are claiming, it could affect your settlement or award. Likewise, things you post about the way your accident occurred could inadvertently indicate that you were at fault for your accident.

See Your Doctor as Soon as You Can

You should always see your doctor as soon as possible after an accident. Waiting to do so may allow the insurance company to argue that your injuries were the result of an intervening cause rather than the accident itself.

Additionally, you should undergo a medical evaluation, even if you do not believe that your injuries warrant seeing a doctor. Doing so will ensure that your injuries are evaluated and that you start any necessary treatment as soon as possible. In addition, it will result in the generation of a medical record that may be useful when it comes to establishing causation2 and damages, both of which are essential parts of a truck accident case.

Call a Lawyer

Truck accident litigation is complicated, and victims who do not retain legal counsel run the risk of accepting a settlement far below what their case is actually worth. They also might say or do something that could jeopardize their ability to recover at all. For this reason, anyone hurt in a truck accident should call a personal injury attorney soon as possible.

Call a Philadelphia Semi Truck Accident Lawyer Today to Schedule a Free Consultation

If you have been hurt in an accident involving a semi-trucks or another large commercial vehicle, you should contact a lawyer as soon as you can. The Philadelphia truck accident lawyers at The Levin Firm are committed to providing victims with aggressive and effective legal representation. To schedule a free case evaluation with one of our lawyers, call our office today at 215-825-5183 or contact us online.

1 https://www.law.cornell.edu/wex/negligence

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April 20, 2017

Tractor Trailer Accident Dangers: What to Look Out For

Truck Accident Lawyers in PA

It should be no surprise that crashes involving large commercial trucks can cause severe injuries. Some truck accident victims have their lives completely changed, as they may suffer permanent disabilities or impairments because of their injuries. These injuries can keep people from earning a living. Some people might even require assistance with everyday activities and personal care. Truck accident victims also commonly incur significant medical expenses and other financial losses.

Because of the substantial dangers associated with tractor trailer crashes, it is important to be aware of what to watch for on the highway and how to react. The following are some signs that there may be risks of a truck crashing.

  • Erratic driving – Truck drivers can make driving errors or engage in dangerous behavior just like any other driver. Sometimes, you can see signs that a truck driver may be impaired, distracted, or falling asleep at the wheel before an accident happens. If a trailer is swaying or swerving or if the truck is unnecessarily fluctuating in speed, you should stay as far away from the truck as possible. In addition, if you see a truck that is speeding or making dangerous lane changes, these are signs that the truck driver may be aggressive and may cause harm.
  • High winds or other dangerous conditions – Trucks are more difficult to operate and maneuver than smaller passenger vehicles are. Because of the height and length of trucks, certain conditions can cause a driver to lose control and crash. For example, heavy gusts of wind can throw a trailer off balance, leading to a crash. Other conditions that may be dangerous include icy conditions and steep road inclines. Additionally, heavy fog may make it difficult for other drivers to see the trailer of a truck.
  • Tanker or HAZMAT trucks – Tanker trucks and hazardous material (HAZMAT) trucks often carry toxic, corrosive, or flammable materials. In the event of a crash, the trailer could leak. Such chemicals can spill into the surrounding area or be released into the air, which can lead to widespread injury for anyone in the area. There is also a risk that flammable cargo will catch fire or explode after a crash. If you see a tanker or HAZMAT truck that has crashed, get as far away from the accident as you can to avoid any injuries.
  • Flatbed trucks – The trailers of traditional semitrucks have walls and a ceiling that holds the cargo inside. However, some cargo is too large or heavy or awkwardly shaped to fit into a traditional trailer. In such situations, a flatbed trailer may be used. When a flatbed trailer crashes, there are no walls to contain the cargo. Large, heavy objects may spill into the road and cause additional injuries and damage. Such cargo can include large logs, heavy machinery, other vehicles, and other dangerous items.

If you believe you witness any potential signs of dangerous truck driving or a possible crash, get as far ahead of the truck as possible or stay far enough behind the truck to avoid being involved in a collision. In addition, if a truck crashes in front of you, make sure you are focused so that you can react in time and avoid a chain reaction crash.

In the event you are in a truck accident, determining what caused the accident is critical to seeking compensation for your financial losses as well as pain and suffering. Investigating the cause of a crash can require many resources, so you want to seek assistance from an attorney who has the knowledge and ability to identify the cause of a crash.

All circumstances can be considered during a truck accident investigation, including any signs you witnessed of erratic driving, dangerous conditions, or other potential indications of a truck crash prior to the accident occurring. You should always write down what you witnessed, as even the slightest details can help lead to a determination of what caused the accident so that you can hold the responsible party liable for your losses.

Contact a Philadelphia Truck Accident Attorney for More Information

It is important to be safe and avoid a truck accident whenever possible. However, if you were injured in a truck crash, you should not wait to call a skilled truck accident lawyer at The Levin Firm in Philadelphia. Please contact us today at 215-825-5183 for a free consultation.

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April 14, 2017

Getting the Most Out Of Your Pennsylvania Personal Injury Case

Personal Injury Lawyers in PA

Pennsylvania law1 entitles people who are hurt in accidents that were caused by someone else’s negligence to compensation for the losses they sustain. Victims can recover for both their economic and non-economic losses, and some examples of the kinds of damages that are pursued in a typical personal injury2 case include medical expenses, property damage, physical and emotional pain and suffering, lost income, and loss of quality of life.

Victims understandably want to obtain the largest settlement or award possible after an accident. Generally speaking, maximizing compensation after an injury-causing accident involves keeping detailed records about the way in which your injuries have affected you and making sure that your losses are documented and verified by third parties. Here are some of the specific things that you can do to ensure that you receive the full value of your claim.

Keep Notes

After an accident, you should keep detailed notes about the way in which your injuries affect you. Some examples of the kinds of issues of which you should make note include the following:

  • Pain
  • An inability to perform certain tasks
  • Sleep disturbances
  • Feelings of anxiety or depression
  • Activities or events that you forgo because of your injuries

See a Physician

You should always see a doctor after you are hurt in an accident, even if you do not believe that your injuries are particularly severe. This will serve two purposes; first, it will ensure that your injuries are accurately identified and that you start treatment as soon as possible. Second, it will result in the creation of a medical record that can be used as evidence when establishing damages.

Attend All Appointments and Do the Recommended Treatments

Many accident victims are prescribed physical therapy or other ongoing treatment for pain management. It is essential for you to attend all of these appointments, regardless of whether you think they are helping or necessary. Failure to do so may make it possible for the insurance company or at-fault party to argue that your injuries are not as severe as you claim they are.

Do Not Post on Social Media

If you are an active social media user, it may be a good idea to refrain from posting while your case is pending. Most of us who use social media like to present an idealized version of our lives, and pictures or posts showing you active and happy may make it seem like you are not as hurt as you claim to be. On the other hand, it is not advisable to start deleting old posts as it may give the impression that you are trying to destroy evidence.

Call a Philadelphia Personal Injury Lawyer Today to Schedule a Free Case Evaluation

If you have been hurt in an accident caused by the negligence of others, you should contact a lawyer as soon as possible. To schedule a free consultation with one of our Philadelphia personal injury attorneys, call the Levin Firm today at 215-825-5183 or send us an email through our online contact form.

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April 6, 2017

Philadelphia Car Accident Statistics

Car Accident Lawyers in PA

Recent statistics show that over the past few years, Philadelphia car accidents – as well as car accidents statewide – have been on the rise. These high crash statistics in and around Philadelphia are due-in-part to the large population and large number of multi-lane, high-speed roadways and highways in the area.

Regardless of the reasons for these incidents, tens of thousands of people are being injured in car accidents that may have occurred through no fault of their own. When this occurs, victims are often able to recover compensation for their losses under Pennsylvania law. For this reason, if you have been hurt in an accident, you should be sure to have your case reviewed by a lawyer as soon as possible.

Summary of Recent Statistics

According to the Pennsylvania Department of Transportation (DOT),1 which releases an annual statewide report on the number of car accidents, deaths, and injuries in the Commonwealth, car accident cases have been on the rise in recent years.

The most recent DOT report for 2015 was released in late-2016. According to that report, the total number of car crashes in Pennsylvania totaled 127,127. This number includes 59,290 personal injury crashes and 1,102 fatal injury crashes. The report also noted the following statistics:

  • Minor injury crashes totaled 40,364; moderate injury crashes totaled 12,503; and severe injury crashes totaled 3,030.
  • Philadelphia County accounted for a total of 8,341 personal injury crashes – the highest number in Pennsylvania.
  • Philadelphia County accounted for a total of 85 fatal injury crashes – the highest number in Pennsylvania.
  • Most crashes occurred in January, and the highest number of fatal crashes occurred in August.
  • Most crashes occurred on Fridays, and the highest number of fatal crashes occurred on Sundays.

The highest number of total crashes were reported over the Thanksgiving, Memorial Day, Fourth of July, and Labor Day Holidays, with the Christmas Holiday following shortly behind.

Common Causes of Car Accidents

While car accidents originate from a variety of sources, some of the most statistically common causes of car crashes in Philadelphia and the surrounding area include the following:

  • Disobeying or disregarding traffic laws, signs, signals, and traffic control devices
  • Failing to appreciate and account for hazardous road conditions
  • Reckless, careless, and negligent driving
  • Driving while under the influence of alcohol or drugs

Investigating a Car Accident Claim

In some cases, it may be necessary to conduct a thorough investigation about the way in which an accident occurred in order to recover compensation. In these instances, the representation of an attorney can be invaluable. A lawyer will evaluate your case, determine what types of evidence may exist, and use a legal process known as “discovery” to obtain it. Some of the ways a lawyer can help get evidence that indicates negligence on the part of another person includes the following:

  • Compelling the production of evidence, such as vehicle maintenance records, surveillance footage, cell phone records, medical records, or toxicology reports
  • Conducting depositions,2 which elicit testimony from other parties that is given under oath
  • Issuing interrogatories, which are written questions that a party must answer under oath

Victims should keep in mind that an attorney will make the process of preparing your case much easier than it would be if they chose to do it on their own. The last thing you should do while you are in the process of recovering from your injuries is spend time making phone calls, filling out forms, and negotiating with insurance company adjusters who are trying to pay you as little as possible for your injuries. When you retain a lawyer, all of these issues will be handled for you, allowing to focus on getting better and putting your accident behind you.

Contact a Philadelphia Car Accident Attorney Today to Discuss Your Case

If you have been injured in a car accident as a result of someone else’s negligence, our experienced Philadelphia car accident attorneys are ready to assist you with your case.

Remember that insurance companies are not on your side and want to pay out as little money as possible in satisfaction of your claim. Our experienced Philadelphia car accident lawyers have what it takes to hold the insurance companies accountable and negotiate a fair settlement of your car accident case. If a fair settlement cannot be reached, our experienced attorneys welcome the challenge of litigating your case or taking it directly to trial.

To schedule a free case evaluation with one of our Philadelphia car accident lawyers, call ur office today at 215-825-5183 or contact us online.

1 http://www.penndot.gov/Pages/default.aspx

2 https://www.law.cornell.edu/wex/deposition

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March 30, 2017

Five Common Reasons Why Philadelphia Motorcycle Accidents Happen

Personal Injury Lawyer in PA

Motorcycle accidents are extremely dangerous events and the injuries sustained by motorcycle operators and their passengers can oftentimes be severe and catastrophic. When these incidents are the result of the negligence of another person, victims can often recover significant compensation for the losses they have sustained, including their medical expenses, lost income, loss of quality of life, and physical and emotional pain and suffering.

Determining whether an accident was caused by negligence can be a complicated matter, which is why victims should always take the time to speak to an attorney after a wreck. A lawyer will thoroughly review your case and determine whether you have a claim to file.

Five Causes of Motorcycle Accidents

While the myriad of possible causes of Philadelphia motorcycle accidents is overwhelming and potentially unlimited, some of the more common causes of Philadelphia motorcycle accidents are as follows:

  • Disobeying traffic laws Traffic laws,1 including red light laws, right-of-way laws, and speed limits, exist for a reason. When a motor vehicle driver or motorcycle operator disobeys or disregards traffic laws, serious accidents and injuries may result.
  • Operating a vehicle while under the influence of drugs or alcohol – Drugs and alcohol (even small amounts) can alter a person’s mindset and perception. Operating a car or motorcycle while under the influence of drugs or alcohol is a recipe for disaster.
  • Mechanical defects – When a car or motorcycle experiences a mechanical malfunction or defect while on the roadway, serious crashes can result. The most common example of a mechanical defect is a headlight, tail light, or turn signal light malfunctioning or burning out while on the roadway. In these instances, there may even be a potential cause of action against the product/part manufacturer or distributor.
  • Failing to appreciate road conditions – Motorcycle operators must be careful to appreciate the road conditions and operate their motorcycles accordingly. Common examples of dangerous road conditions that can lead to serious motorcycle accidents include potholes, sharp curves, steep hills, and construction zones.
  • Recklessness, carelessness, and negligence of a motor vehicle driver – When a motor vehicle driver acts in a reckless,2 careless, or negligent manner while behind the wheel of a car, serious accidents and injuries with motorcycles and other vehicles can result. Negligent or careless driving usually consists of speeding, following too closely, driving too fast for road or weather conditions, and making abrupt lane changes, usually without signaling.

Protecting Your Legal Rights after an Accident

If you are involved in a motorcycle accident in the Philadelphia area, there are certain things you can do to maximize your chances of recovering compensation. The first issue you need to deal with after a motorcycle accident is your physical well-being; if emergency medical personnel recommend that you go to the hospital, do so. If you are able to stay at the scene of the accident, try and collect as much information as you can, including the names of the other drivers involved, the license plate numbers of the vehicles, the other drivers’ insurance information, and any identifying information on any commercial vehicles that may have been involved.

It is important to go see a doctor after an accident, even if you do not believe that your injuries require medical treatment. Doing so will ensure that your injuries are identified, treated and that an official record is generated. Seeing a physician is an important step in ensuring that you are able to recover compensation later, as insurance companies will often try and argue that your injuries are not as severe as you claim.

Finally, you should speak to an attorney as soon as you can after an accident has occurred, as any delay could hurt your chances of recovering compensation for your losses.

Contact a Philadelphia Motorcycle Accident Attorney Today to Discuss Your Case

If you have been injured in a motorcycle accident as a result of someone else’s negligence, our experienced attorneys can assist you with safeguarding your legal rights and helping you to obtain monetary compensation.

Insurance companies sometimes deny liability altogether in motorcycle accident cases and refuse to pay. However, our experienced Philadelphia motorcycle accident lawyers have the necessary legal knowledge and skills to combat the insurance companies and obtain a fair settlement on your behalf. If the insurance company denies liability – or if a fair settlement cannot be reached – our experienced attorneys are not afraid to litigate your case or take it to trial.

To schedule a free consultation with one of our lawyers, call the Levin Firm today at 215-825-5183 or contact us online.

1 http://www.dmv.pa.gov/Information-Centers/Laws-Regulations/Pages/PA-Vehicle-Code-(Title-75).aspx

2 https://www.law.cornell.edu/wex/reckless

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March 22, 2017

Who is Responsible in an Uber Car Accident?

Car Accident Lawyers in PA

Popular ridesharing companies like Uber1 and Lyft have been taking the transportation industry by storm and giving taxicab companies a run for their money. Over the past several years, Uber has quickly surpassed cab companies in urban areas, such as Philadelphia, for safety, cleanliness, convenience, and affordability. When riders download the Uber App onto their iPhone or smart device, they can request and pay for rides and keep track of their requested driver’s location at all times.

Because several potential individuals, companies, and insurance companies are in potentially involved, Uber car accident cases can be extremely complex. If you have been injured in a car accident involving an Uber ride vehicle, our experienced Philadelphia Uber accident lawyers can help. Our experienced attorneys can discuss the facts and circumstances of your case with you and can file claims against all necessary parties on your behalf, helping to maximize your potential recovery.

Employees versus Independent Contractors

Although Uber requires its drivers to undergo thorough background checks and carry their own motor vehicle insurance, Uber drivers are not employees of Uber. Rather, they are independent contractors. The difference between an employee and an independent contractor largely rests with the amount of control the company has over the worker, whether the worker sets his or her own schedule, and how the worker is paid (e.g., salary versus contract work). In the world of personal injury lawsuits, this distinction can make a significant difference.

In past cases, Uber has tried to distance itself from its drivers when they behave negligently behind the wheel or are deemed ‘at-fault’ for a motor vehicle accident. However, more recent cases have shown that Uber can share in the liability.2

Responsible Parties

In cases of motor vehicle accidents involving negligent Uber drivers, the following parties could potentially share in the liability:

  • The Uber driver
  • Uber – the company
  • The insurance company

An experienced Philadelphia Uber accident lawyer will typically file suit against all of these parties in order to safeguard liability and maximize the potential recovery in the case. However, each of these entities will attempt to have an injured plaintiff sign an agreement that potentially limits settlement and/or prohibits the injured plaintiff from taking further legal action. An injured plaintiff should never sign such an agreement (at least without first consulting with a lawyer), as he or she could potentially lose thousands of dollars in recovery and/or monetary damages.

In terms of Uber’s direct liability, the following Uber policy limits apply:

50/100/25 of contingent coverage by Uber in-between fares (i.e. contingent to a driver’s personal automobile insurance policy and paid only if the personal automobile insurance policy refuses to pay, or pays nothing

$1 million of uninsured/underinsured motorist benefits per accident (rather than per person), providing coverage for Uber passengers who are injured when another driver causes a collision or other type of accident

$1 million of liability coverage per accident (divided into bodily injury and property damage liability)

How Much is Your Uber Accident Case Worth?

Many people who are injured in Uber accidents are anxious to find out how much their case is worth. Unfortunately, there is no way to determine how much a case is worth without conducting a thorough analysis of all of the facts, and any estimate is merely speculation until the case actually settles or a judge or jury make an award. That being said, it is helpful to consider the kinds of damages that are available in most car accident cases. These tend to include medical expenses, lost income, property damage, and physical and emotional pain and suffering. Because Uber customers are passengers, however, it is unlikely that they will be entitled to any compensation for property damage unless they were carrying valuable possessions at the time that the accident occurred

Some of the factors that can affect the amount of the settlement or award your receive after an Uber accident include the following:

  • Your occupation
  • The severity of your injuries
  • Your age
  • Your prognosis
  • Whether you were partially at fault for your accident

Contact a Philadelphia Uber Accident Lawyer Today to Discuss Your Case

If you have been injured in a car accident where Uber is involved, you need experienced legal representation. You should know that Uber has a veritable army of attorneys and lobbyists at its disposal who will use all legal means necessary to limit – or eliminate – Uber’s potential liability exposure.

Our experienced Uber accident lawyers are ready and willing to represent you throughout your case. To schedule a free consultation with a Philadelphia Uber accident lawyer, call our office today at 215-825-5183 or contact us online.

1 https://www.uber.com

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