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 .
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.
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.
Have you ever been behind a driver who was swerving across the road in the middle of the day? You start to wonder how many drinks he or she had, and then, when you pass the car, you realize he or she is actually engaged in using a mobile phone. Or, you may have been guilty of sending or reading a text yourself. Maybe you are a repeat offender!
But, the statistics are in, and distracted driving is not only extremely dangerous, but it is also in Pennsylvania. However, there are many different options to avoid a car accident in Philadelphia. Mobile phones, a leading cause of car accidents via distracted drivers, have fought back against this trend of distracted driving based accidents by offering a number of applications that can motivate drivers to avoid using their phone during driving.
One such example is Milz, an app that allows you to set up a prepaid account for a friend or teenager, which is redeemed when the driver connects his or her phone to the account. Milz works by monitoring the activity of the driver and only allows a monetary reward when the phone is not used during driving. Another similar application is CellControl, which functions by allowing families or companies to specify what activities are allowed or disallowed while driving. It includes a hardware piece that is placed in the vehicle. Some phone companies offer helpful phone modes as well. For example, AT&T offers “,” a free application that allows automatic replies when a user’s car is moving at or over 15 miles per hour. The mode enables the user to specify certain allowable callers while it sends all others to voicemail, and it can alert parents if the mode is disabled or turned off. TextNinja allows drivers to earn rewards and points for safe driving. DriveSafeMode and Live2Txt are other available applications with similar functionalities.
A car accident as the result of distracted driving is preventable, but such accidents are, unfortunately, very common and injure thousands of people in the United States each year. Being the victim of a car accident can be injurious or deadly and can lead to extensive medical bills, insurance complications, and a long judicial process. If you or a loved one has been the victim in a car crash in the Philadelphia area involving a distracted driver or a driver who was texting, you need to find a qualified Pennsylvania attorney to assist you throughout the court process. A lawyer will protect your rights and ensure that you receive the full and fair value of your claim.
The light turns green, and you start to head out into the intersection. Suddenly, screeching brakes, airbags, and smoke greet you as someone coming the other way crashes into your car. They claim the light was green on their side, and you suddenly find yourself in a frustrating and painful situation. Imagine, to further complicate the scenario, a couple of years ago, you had taken a look at the pros and cons and decided that leasing a car was right for you. You appreciated the benefit and ease of not having to worry about car maintenance, of being able to upgrade to the latest model, and of having a better car than you could otherwise afford. So, you saved for a while and then put down the first payment on your car. But, just a month after you sign the papers, this car accident unexpectedly takes you by surprise. What can you expect?
While a car accident is rarely uncomplicated, having a leased car adds another layer of complexity to an already frustrating situation. Pennsylvania is a . This designation means that each party’s insurance typically pays for that party’s bills. However, if an accident or injury is enough, it may pass over the threshold Pennsylvania has set to qualify as an accident where one party can be sued. If the case is one that qualifies under the statutes and a lawsuit is brought, the fault will be divided up by who is responsible for what percentage of the fault, and you may be able to recover if you are responsible.
In most cases, whether the car being leased affects the accident will depend on the contract between you and the company you leased the car from. You may have been responsible for buying extra insurance, and the type and amount of insurance you have will determine whether you can sue or be sued and under what circumstances. You will want to contact your leasing company right away under the specifications of your contract in the case of an accident. However, you will likely also need the assistance of a lawyer.
Being involved in a car collision is not only startling, but it can also result in pain, complex insurance calls, injuries, or even death. If you or a loved one of yours has been a victim of a car collision involving a leased car, you need to find an experienced advocate to help you navigate the court system and obtain the results you are entitled to. The judicial process can confusing and complicated; however, is here to help you obtain the outcome you need and deserve. We are honored to not only have a tradition of success but we also proudly offer a “no fee unless we win policy.” We stand ready to fight for you. Contact us or at (215) 825-5183 today for a FREE consultation.
Everyone should know that following a car accident, you should always exchange information with any other drivers involved and if there are any serious injuries or totaled cars, you should call 911 for emergency assistance. However, if an accident is seemingly minor and you are able to move your cars off the road, it can be difficult to know whether to call the authorities. In this situation, it may seem like you can handle the aftermath of an accident on your own without waiting for the police to arrive. So the question arises: should you call the police after a minor crash?
Pennsylvania has specific laws regarding how you should act following an accident. Most importantly, you are always required to stop and offer you contact information. Leaving the scene of an accident can result in criminal allegations and suspension of your driver’s license. In addition, the law requires you to either notify law enforcement or the Department of Transportation (DOT) if the accident involved any of the following:
Even if an accident is minor, it is common for some property damage to occur. Therefore, it is always wise to call the police so they can come to the scene and make an accident report. If for some reason you do not call the police, you should always file an accident report with the DOT within five days of the accident.
If you were injured at all in a crash, you will likely want to pursue compensation for your medical expenses and other losses. Having an accident report can help in a claim, so if you believe there is any chance you have been injured, you should call the police.
In many cases, injuries may not be immediately obvious after an accident. For instance, signs of a concussion may be mistaken for general disorientation after an accident when in reality, you may have suffered a traumatic brain injury (TBI). Even a mild TBI requires medical treatment and rest and can result in medical expenses and lost wages if you need to stay home from work. Additionally, whiplash and other soft tissue injuries may not be apparent for even a few days following an accident though will require medical treatment once they appear. Even if you feel the slightest bit of soreness or if you have hit your head, you should contact the police after a minor car accident just in case you have injuries that require treatment.
At The Levin Firm in Philadelphia, we have represented the rights of injured victims who involved in many different kinds of accidents. We know that even seemingly minor accidents can result in injuries and losses and we are here to protect your rights to compensation through the insurance process or a personal injury lawsuit. If you have been in a crash, please do not hesitate to call (215) 825-5183 for a free consultation with an auto accident lawyer today.
Head-on collisions are widely considered to be one of the most – if not the most – dangerous types of vehicle crashes. Statistics provided by the Department of Transportation estimate that about 18 percent of fatal accidents that took place outside of intersections involved a head-on crash. This number is high considering the overall percentage of accidents that are head-on, indicating that this type of crash tends to have a higher risk of fatalities.
The following are only some reasons why head-on crashes can be so dangerous:
Speed of Impact – Many head-on collisions happen when both vehicles involved are in motion. Cars may be driving the speed limit – or faster – and may have little to no time to hit the brakes before a sudden impact occurs. The impact has greater force when both vehicles are driving than when one or both are at a stop.
Size Discrepancy of Vehicles – Another factor that can make a head-on collision deadly is if there is a discrepancy in the size of the vehicles involved. For example, a head-on crash between a car crashing and a motorcycle can be deadly for the motorcyclist. In addition, occupants of a car are at greater risk of injury if their car collides with a large commercial truck.
No matter what factors are involved in a head-on crash, there is still the potential for extremely severe injuries, including spinal cord injury, traumatic brain injury, internal organ damage, internal hemorrhaging, and more. These injuries often cannot be stabilized, and victims of head-on collisions often do not survive.
Because head-on crashes so often result in the death of a victim, it is important to examine who can be held liable for the losses incurred because of the death. Pennsylvania law allows surviving family members to file a legal claim for wrongful death after a loved one is killed because of the negligence of another party.
In order to recover for wrongful death, it is necessary to identify the liable party and prove the negligent act that caused the fatal crash. The following are some examples of potentially liable parties after a fatal head-on collision:
Drivers – Many different acts of driver negligence can lead to a head-on collision. For example, distracted driving, impaired driving, and falling asleep at the wheel can all cause a driver to cross over into oncoming traffic and crash. In addition, drunk drivers may drive the wrong way on a highway or one-way street and cause a crash.
Auto manufacturers – Many defective parts of a vehicle can cause a driver to lose control and veer into oncoming traffic lanes, resulting in a head-on crash. For instance, a tire blowout, brake failure, or steering system failure can all result in loss of control over a vehicle.
Government entities – Another common reason drivers may swerve or lose control is hazardous road conditions. Whether a driver swerves to avoid a hazard or loses control because he or she hits the hazard, the agency responsible for the maintenance and inspection of that roadway may be liable if a fatal head-on crash occurs.
Wrongful death actions can be complicated, but at The Levin Firm, we are committed to helping families who have suffered a tragic loss in a head-on collision seek the compensation they deserve. We will protect your rights to recover for both financial and emotional losses, and we have the resources to investigate the cause of the accident and hold any negligent parties fully responsible. Please call our Philadelphia car accident lawyer at 215-825-5183 for a free consultation today.
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
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