Can I Sue after a Holiday Travel Accident?

By Gabriel Levin on November 12th, 2014

holiday travel fender benderMany people in the Philadelphia area will take to area’s highways and interstates this holiday season to visit friends and family in different parts of the country. In fact, the United States Bureau of Travel Statistics indicates [1] that approximately 91 percent of all long-distance holiday travel occurs by personal vehicle, such as car or truck. Unfortunately, holiday travel inherently exposes people to the risk of involvement in a traffic accident, potentially resulting in serious bodily injury. In many cases, victims of motor vehicle accidents can file a claim for any injuries and other losses they sustain as a result of the accident. If you have been injured, you should always contact a skilled Philadelphia personal injury lawyer who is committed to helping car accident victims recover the maximum settlement or award available in each individual case.

An attorney can help establish negligence

Generally, car accident victims who wish to recover for their injuries are required to establish that accident was caused by someone else’s negligence. In the context of Philadelphia car accident cases. Negligence has a very specific legal meaning, and the assistance of an attorney can have a significant impact out the outcome of a case. Your lawyer will thoroughly analyze the facts of your case and determine whether any evidence of negligence exists. Among the more common examples of driver negligence that can result in holiday travel car accidents include:

  • Speeding
  • Distracted driving [2]
  • Failure to account for adverse weather or road conditions
  • Driving while impaired by drugs or alcohol
  • Driving while excessively fatigued

The kinds of evidence that your attorney will review may include the accident report, cell phone records, data from a vehicles on-board computers, and maintenance records. This type of investigation is often necessary, as many drivers are naturally hesitant to admit fault. The discovery process [3] allows litigants to request and obtain this type of information, but can be extremely difficult for a non-lawyer to navigate. In addition, many insurance companies will offer victims an unreasonably low settlement offer in exchange for their right to sue. As a result, the assistance of an attorney is highly advised for anyone who has been involved in car accident.

[1] http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/america_on_the_go/us_holiday_travel/html/entire.html

[2] www.distraction.gov

[3] http://en.m.wikipedia.org/wiki/Discovery_(law)

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