Road rage and driver impatience can have deadly consequences on Philadelphia highways and roads. In short, when drivers fail to exercise proper care and safety on the roads and drive their vehicles in hurried ways, they are more likely to violate traffic laws, which in turn leads to serious car accidents.
If you sustained personal injuries and damages in a car accident that resulted from someone else’s negligence, the experienced Philadelphia car accident lawyers at The Levin Firm are ready and willing to assist with your case. Our experienced car accident attorneys can meet to discuss the facts and circumstances of your individual case, negotiate a settlement offer with the at-fault driver’s insurance company, litigate your case through the Pennsylvania court system, and take your case to trial, if necessary.
Philadelphia car accidents can lead to serious and sometimes catastrophic injuries. The sad thing about car accidents is that most are entirely avoidable. When Pennsylvania drivers fail to exercise self-control and become angry and impatient with other drivers, they tend to operate their vehicles in careless and reckless ways, resulting in serious accidents, property damage, and personal injuries.
Common examples of traffic violations that result from road rage and hurried driving include:
For an injured car accident victim to recover compensation for the injuries and damages sustained in an accident—and that were caused by someone else—the injured plaintiff must ordinarily prove negligence on the part of the at-fault driver.
Specifically, the injured plaintiff must demonstrate that the at-fault driver had a duty to act as a reasonably prudent and careful driver under the circumstances; that the at-fault driver breached this duty of care, such as by speeding, exhibiting road rage, failing to yield the right-of-way, violating a traffic law or rule of the road, or otherwise driving in a careless or reckless manner; and that this breach resulted in the accident victim’s injuries and damages.
In personal injury cases, the at-fault driver’s insurance company is never on your side, and insurance adjusters will do everything in their powers to deny or limit their liabilities in car accident cases. When it comes to proving the existence and severity of personal injuries, and in particular, catastrophic injuries and damages, the accident victim has the burden of proof, and insurance adjusters can be extremely difficult to work with. Whenever an accident victim seeks compensation for serious injuries and damages, the insurance company will likely downplay the seriousness and extent of the injuries and will look for other possible causes of the injuries or impairments, such as:
When it comes to proving medical damages, a doctor, specialist, or other healthcare provider oftentimes must offer expert medical testimony at a deposition or trial to prove the existence and extent of injuries. An expert medical provider may testify about the accident victim’s medical treatment, the permanent nature of the injuries sustained, and objective findings generated from medical observations and permanency evaluations. All of this expert medical testimony can potentially increase the amount of compensation an accident victim might receive.
The injured accident victim also has the burden of connecting injuries and damages to the car accident. In other words, the injured plaintiff must show that the injuries and damages sustained would not have occurred but for the accident. That generally requires testimony from an expert medical provider, such as a treating doctor or medical specialist.
In some Philadelphia car accident cases, insurance companies will dispute liability and try to place some (or all) of the blame on the injured plaintiff.
In cases where an insurance company disputes or denies liability, the doctrine of modified comparative negligence applies. This means that if an injured plaintiff is deemed 50 percent or less at fault, then the plaintiff can recover damages, minus the proportion of the plaintiff’s fault. In cases where an injured plaintiff is more than 50 percent at fault, Pennsylvania law prohibits compensation.
If you sustained personal injuries and damages in a car accident that directly resulted from someone else’s negligence, the experienced Philadelphia car accident attorneys at The Levin Firm may represent you in your personal injury case.
Remember that the primary goal of the insurance companies and their adjusters is to pay out as little money as possible for your personal injury claim. Our experienced Philadelphia car accident lawyers, however, can hold the feet of the at-fault driver’s insurance company to the fire and negotiate a fair settlement of your car accident case. If insurance companies refuse fair settlement offers, our attorneys are ready and willing to take your case to trial, if necessary.
To schedule a free consultation and case evaluation with a Philadelphia car accident lawyer, please call us at (215) 825-5183 or contact us online.
The scene after a car accident can be chaotic. Often, people are getting out of their vehicles, inspecting the damage, taking inventory of any injuries, or even trying to rescue people who may be trapped in a vehicle. Even after you calm down, you may spend a substantial period of time waiting for law enforcement to arrive, talking to officers, getting information from people involved or witnesses, and more. What you may not realize is that the risk of injury does not end after the collision is over. Too often, injuries can happen to people waiting at the scene of an accident.
Recent Injuries on the Side of I-95
Recently, Philadelphia firefighters were part of an emergency team that responded to the scene of an accident on I-95.1 While law enforcement officers were tending to the two-vehicle crash scene, the firefighters parked their large ladder truck to block the path of traffic and prevent any drivers from hitting the motorists or responders who were at the scene. Despite the presence of this large truck “buffer,” another serious impact occurred.
A commercial truck driver was approaching the scene of the accident when he claimed he suddenly lost control of the tractor-trailer. The trailer jackknifed, which means it swung out perpendicular to the tractor. Jackknifes often result in a near-complete loss of control of a truck driver and the trailers can take out any vehicles in their path. In this situation, the jackknifed truck struck the fire truck, which held five Philly firefighters inside. The semi-truck forced the fire truck 250 feet down the highway and during this time, all five firefighters suffered injuries.
While the firefighters were – thankfully – treated at nearby medical centers and released with non-life-threatening injuries, the collision at the scene of the accident could have been much worse. For example, if the fire truck had not been there to act as a buffer, the jackknifed truck could have hit any people or smaller vehicles that were on the side of the highway, which likely would have resulted in fatalities or life-changing injuries.
Pedestrians around the scene of an accident are at a particular risk for injuries. People are difficult to see, especially at night and especially if there are flashing lights or other conditions that can draw a driver’s attention away from people who may be in the road.
Holding Drivers Liable for Injuries Caused at the Accident Scene
In many cases, the initial collision may not cause any serious injuries. However, a subsequent collision while you are at the scene of the accident may result in severe injuries. In such cases, the driver that caused the second collision would likely be held liable for the medical expenses, lost income, and other losses that resulted from the crash. You would have to prove that the driver was negligent in some way when they crashed into the accident scene in order to recover. Some common examples of negligence that may cause this type of accident include:
However, the situation gets more complex if you suffered injuries in both the initial collision and the second collision. First, it is important to help determine which injuries were caused by what accident in order to decide which driver was responsible for which injuries. Often, if you were out walking around at the scene of the accident, it is likely the initial accident caused only minor injuries and your severe injuries were a result of the subsequent accident. However, if you had been loaded into an ambulance on a stretcher and the second car hit the ambulance, your serious injuries may be attributed to both collisions. Deciding the amount of fault that should be attributed to each negligent driver can be complex and these complicated cases require the help of a very experienced auto accident lawyer.
Consult with a Philadelphia Personal Injury Attorney as Soon as Possible
The car accident attorneys at The Levin Firm know how to handle cases involving shared fault when multiple parties may have caused your injuries. Please call for a free consultation at 215-825-5183 today.
Car crashes can occur in many different ways, with drivers often crashing into the rear or side of other vehicles. One of the most dangerous types of crashes is a head-on collision, which happens when the front of one vehicle collides into the front end of another vehicle. These collisions tend to happen when both vehicles are in motion and often at high speeds. For this and other reasons, head-on collisions can cause some of the most catastrophic and often fatal injuries. According to a report by the Department of Transportation (DOT),1 an estimated 18 percent of crashes outside of intersections involve a head-on crash.
Cars have many safety features to try to reduce the risk of injuries in a head-on collision and other types of car crashes. Crumple zones, bumpers, seatbelts, and airbags are all intended to keep motorists inside of the vehicle and to absorb most of the impact of the crash. However, despite all of these standard safety features, many victims sustain life-changing injuries in head-on collisions.
Many head-on crashes occur because a driver or another party acted in a negligent manner. If a negligent party caused your accident, you have the right to hold that party accountable and receive compensation for your losses.
Head-on crashes can happen for many different reasons. The following are only some examples of why these extremely dangerous accidents may occur:
Drunk driving — Drunk drivers are notorious for swerving back and forth, often leaving their designated lane. If a drunk driver swerves too far to the left, they may cross over the center yellow line and collide with an oncoming car. Head-on crashes can also happen if a drunk driver is going the wrong way2 down the highway or a one-way street.
Fatigued driving — Fatigued driving can affect a driver’s concentration and they may stray from their intended lane. In addition, very fatigued drivers may completely fall asleep while driving, which often results in them unknowingly turning the wheel and driving into other lanes. Sleeping drivers can cross double lines or medians and can cause head-on accidents.
Distracted driving — Often, if you see a driver swerving in a lane, it would not be surprising to pass them and learn that they were texting or otherwise using a smartphone. Unfortunately, many texting or distracted drivers do depart from their lanes and into oncoming traffic lanes, which often results in hitting another vehicle head-on.
Improper passing — Every driver should know that a double yellow line means that you should not pass another driver. However, many impatient drivers think they are fast or experienced enough to pass cars on a two-lane highway regardless of a double yellow center line. Too often, the passing driver does not have the visibility to see oncoming cars in the passing lane and often cannot brake or get back over in time to avoid a head-on crash.
Rural roads — Statistics show3 that almost half of all head-on collisions happen on rural highways. Rural highways are often two narrow lanes traveling opposite directions. These roads are often winding with many hills that can make it difficult to see oncoming traffic. In addition, because of the lack of law enforcement officers on rural roads, many people are prone to traveling these already dangerous roads at high speeds. All of these circumstances can easily lead to cars straying into the other lane and hitting an oncoming car.
Third party drivers — In some cases, a third car that was not actually involved in the crash can cause the crash to happen. Imagine that you are driving in the left lane and, all of a sudden, a car tries to change lines right where you are driving. You may jerk the wheel to avoid crashing into that car, however, you may then cross over into oncoming lanes and can be involved in a head-on collision through no fault of your own.
Road hazards — Potholes, cracks, improper lane markings, objects in the street, and other hazards can cause a driver to either swerve or lose control of their car, which can regularly lead to a serious head-on crash.
If you have been injured in a head-on crash, you should not hesitate to discuss your legal rights with an experienced car accident attorney in Philadelphia. Call The Levin Firm at 215-825-5183 to discuss your case today.
With a new school year just a few weeks away, many people in the area are preparing to send their child off to start a brand new academic year. The start of the school year often involves many new experiences: new friends, new teachers, new subjects to learn, and sometimes even an entirely new school. Unfortunately, it may also expose your child to the risk of injury during their commute to school, particularly if they are starting a new school or are at an age when you feel that it appropriate and safe to allow them to get to and from school on their own.
Fortunately for parents, there are certain things that you can do to make sure that your child’s walk or bike ride to school is as risk-free as possible. These include the following:
Unfortunately, accidents are bound to happen even under the best of circumstances, and it is impossible to reduce the risk of injury for anyone who commutes anywhere to zero, no matter how much want to. In the event that your child is injured on the way to or from school, there are certain steps you can take to ensure that his or her legal rights to recover compensation are protected. Some of these include the following:
If you or your child has been injured in an accident that you think may have been caused by someone else’s carelessness or negligence, you should speak with an attorney as soon as you can. In many cases, victims are able to recover compensation for a variety of losses, including their medical bills, lost income, loss of future earning potential, property damage, and physical and emotional pain and suffering, among others. To learn more about how a skilled Philadelphia personal injury lawyer can help you, call The Levin Firm today at 215-825-5183 or send us and email through our online contact form.
Any store that welcomes customers onto the property has a duty to keep them reasonably safe. An “unreasonable” condition that contributes to a fall can lead to an injury claim against the store. Whether it’s a “big box” nationwide chain, a grocery chain or a local independent retailer, any business that invites the public onto its premises is obligated to take certain steps to keep customers out of harm’s way. Customers who are injured in slip and fall accidents on store premises may have a valid legal claim against the business.
Like all businesses that open themselves up to the public, stores are legally obligated to maintain reasonably safe premises for the protection of their customers. When a slip and fall accident happens at a department store, grocery store, or even a local “mom and pop”, the business may be liable for injuries if it can be shown that the slip and fall occurred due to unsafe conditions on the property. The store’s responsibility for compensating a customer who slipped and fell usually depends on the specific facts of the particular accident, but there are a few common conditions that lead to slip and fall accidents in stores.
Injuries from slip and falls at a store can happen for a variety of reasons. A customer might fall on in the entry way of the store or could trip over an errant floor mat. Items on display might be haphazardly placed and can fall in the pathway of a customer. The store might have poor lighting leading to poor visibility, or a prior customer’s spilled beverage could have left a puddle in an aisle. The possibilities are endless, but regardless of the cause of the slip and fall accident, the legal responsibility of the store will depend on whether it had, or should have reasonably had, notice of the unsafe condition and failed to take prompt action to fix the problem.
A store can be responsible for unsafe conditions under a few different legal theories. The store owner may be liable if it created the unsafe condition, by using a slippery clearer on the floors for example. The owner may also be liable if it knew of the condition, even if it did not create it, but failed to take steps to remedy it. For instance, if one customer spills a drink in an aisle, and another customer injures her back after slipping on the puddle and falling on the floor, the store may be liable for the injury. In that circumstance, the injured person will have to show some evidence that the store knew or should have reasonably known of the condition. There must be some evidence that the spill sat there long enough for the store to have become aware of its presence and have a reasonable opportunity to clean it up and prevent an accident. The injured party may also demonstrate that the store knew or should have known that spilled products were common, but failed to have a system in place for monitoring and cleaning up such spills.
After your slip and fall accident in a store, it is important to record everything that happened immediately while it is fresh in your mind:
Representatives and employees from the store will not help you on this matter. You need to take matters into your own hands when gathering the evidence necessary to prove the business was at fault for your slip and fall accident so that you can review all of the information with a Philadelphia slip and fall accident attorney as soon a possible.
At the Levin Firm, our team of highly skilled slip and fall accident attorneys can review your case and obtain the compensation you are entitled to receive for injuries as well as lost wages and other damages. Please call 215-825-5183 to schedule a free consultation today or call our toll free number at 877-825-8542.
Research estimates that 80-85 percent of an individual’s perception, learning, cognition, and activities are mediated through vision. It can be challenging, therefore, for anyone suffering from vision issues after a brain injury.
In general, 20-40 percent of people with traumatic brain injury (TBI) experience related vision disorders. Some vision-related issues can be permanent while others resolve quickly. The extent and nature of the vision disorder is based, in part, upon the unique brain injury. Vision can be broken down into the following:
eye tracking ability, shifting gaze quickly from one point to the other, focusing, eye alignment, eye teaming, and depth perception.
There are various techniques and strategies to help people with vision problems after TBI. They can include the following:
The effects of a brain injury can be dramatic especially when it includes vision related problems. If you have vision difficulties after suffering from a brain injury, it is necessary to speak to an experienced Philadelphia brain injury attorney at the Levin Firm. We know how to evaluate your situation based on the facts of your case and to investigate what type of claim can be made on your behalf. Please call 215-825-5183 to schedule a free consultation today or call our toll free number at 877-825-8542.
While the link between asbestos and serious health problems like mesothelioma has been well established, many employees still have questions concerning asbestos such as the following:
Below are some answers to your questions relating to asbestos.
Asbestos is a naturally occurring, fibrous material that has been used in many industries and occupations for decades. But, long before its popularity in industry peaked, asbestos became linked to health problems, and over the years thousands of workers have developed a deadly asbestos-related disease called mesothelioma. Asbestos has been classified as a cancer-causing substance.
Everyone breathes in trace amounts of asbestos each day, but because asbestos fibers can be inhaled, even short-term exposure to high levels of asbestos while on the job can lead to breathing problems, coughing, and shortness of breath. It comes as no surprise that the most severe health risks come from long-term exposure to asbestos on the job. In many instances, older people who may have spent decades in the workplace before safety measures were developed to protect employees from asbestos exposure are at even greater risk.
Serious health problems related to asbestos exposure include:
Exposure to asbestos is still quite common in some lines of work. Here’s a list of occupations and industries that have traditionally seen workers exposed to significant levels of asbestos:
The Occupational Safety and Health Administration (OSHA) and other workplace safety agencies were established to carefully regulate and monitor asbestos exposure on the job. So more than likely your employer is legally required to take certain steps to protect you and your coworkers from any health risks involving asbestos.
Depending on the industry you work in and the specifics of your job, you may be legally entitled to receive the following protections from asbestos exposure while on the job:
If jobs you have held involved working with or around significant amounts of asbestos, you may have questions about lawsuits regarding exposure to asbestos. Generally speaking, if an employee suffers from health problems that are caused by asbestos in the workplace, a lawsuit would be filed against some or all of the following parties:
At The Levin Firm, we understand that representing workers’ compensation claimants requires particular types of skills and knowledge, as well as ability to understand your rights as an employee. We understand these issues, and work with our clients, their friends and family, as well as their doctors, psychologists, long-term care planners, and others – to ensure that our clients receive not only the finest legal representation, but also the finest support and medical care.
Workers’ compensation claims are complex, and require attorneys who understand how to navigate the system, and who are willing to explain the status of your case to you every step of the way. At The Levin Firm, we investigate every claim so that we may aggressively and zealously represent our clients and obtain the best possible results.
When you need a Philadelphia, Pennsylvania or New Jersey personal injury attorney to represent you, a family member or friend who has been injured at work, contact The Levin Firm at (215) 825-5183. We represent every client zealously in order to obtain the best results possible in each case.
Commercial truck drivers are charged with operating extraordinarily large tractor-trailers, flatbed trucks, tankers, and other commercial vehicles at high speeds alongside small cars and other passenger vehicles on a regular basis. When a collision occurs, commercial trucks can cause catastrophic and often fatal injuries to motorists in smaller vehicles. Because of the significant risks of these collisions, it is critical that every commercial driver is in the appropriate mental state every time they get behind the wheel.
Despite the importance of proper mental health, many commercial drivers continue to work operating large trucks even though they know they suffer from emotional or mental conditions  that may affect their concentration, judgment, and other important faculties. Perhaps more concerning is the fact that, instead of seeking professional assistance, many truck drivers try to mask their mental health issues through self-medication. These drivers use alcohol or illegal controlled substances to regulate their thoughts and moods. Instead of stabilizing mental health, substance abuse often makes a person’s mental state even worse.
There is no excuse for commercial drivers to put other motorists at risk because they continue to drive with mental health issues and without seeking a proper mental health evaluation. Anyone who has sustained injuries in an accident due to a negligent truck driver should discuss their situation with a Philadelphia truck accident attorney as soon as possible.
Commercial truck driving is not an easy job. It involves controlling large vehicles for long hours alone on often monotonous strips of highway. Because the job conditions can cause boredom and loneliness, it is understandable that certain drivers may develop mental or emotional conditions. The National Institute of Health (NIH) conducted a study that indicated that a substantial number of drivers of commercial vehicles suffer from mental health conditions, including the following:
All of the above have the potential to affect a driver’s judgment, focus, decision-making abilities, and more. Additionally, some mental health issues can lead to recklessness or even aggression on the road, which can be highly dangerous.
The Federal Motor Carrier Safety Administration (FMCSA) has medical requirements  to ensure that all individuals are in adequate health to operate a large vehicle before they can get or renew their commercial driver’s license. Drivers must undergo a thorough medical exam conducted by a medical professional approved by the FMCSA. In addition to looking for any dangerous physical health problems, these examiners should also look for any potential mental health issues, as well. Doctors should consider the mental and emotional effects and demands of truck driving when determining whether to sign off on a particular driver’s health. A driver may need to undergo a psychiatric evaluation in order to meet these requirements. If a driver does have a mental condition but is taking the proper medication to regulate it and the medication does not impair their other faculties, a driver may still be approved depending on the other circumstances present.
Even if a driver initially passed the medical exam, they still need to report if they begin suffering from any mental health issues and should always seek proper treatment. Furthermore, if a trucking company believes that one of its drivers is having problems with their mental or emotional health, the company should require the driver to be evaluated and to receive any recommended treatment for a mental health diagnosis before they can continue driving. If a truck driver or their employer continues to allow the driver to operate a commercial vehicle knowing that mental instability may exist, they should be held liable for all injuries and losses that result from an accident.
There is no excuse for a truck driver who is operating a commercial truck with a mental or emotional problem that may hider their ability to safely drive the vehicle. Doing so is extraordinarily dangerous and puts the safety of everyone else on the road at risk. Following an accident, it is important to consider the health of the driver to determine whether that could have contributed to or caused the collision. At The Levin Firm, we understand the many possible causes of truck accidents and will investigate to identify any possible negligent acts in your case. Please call for a free consultation at 215-825-5183 today.
Auto manufacturers are constantly trying to come up with new systems and features to offer in their models to attract customers. Due to an increased concern about vehicle safety over the past couple of decades, manufacturers have specifically looked for ways to both protect motorists in the event of a crash and to try to prevent crashes from happening in the first place. One feature commonly offered on cars and SUVs is crash avoidance technology.
There are many different types of crash avoidance technologies offered on different types of vehicles. For example, the following are some features a vehicle may have:
Though these systems do not always completely prevent a front collision, in many situations, a resulting impact may be much less severe than if the driver had no warning or assistance at all. Other examples of crash prevention systems include warnings when a driver is about to back over something, warnings when speed is too high on a curve, warnings when a driver is departing their lane, and systems that detect vehicles or objects in a driver’s blind spot.
The Department of Transportation (DOT) and the Insurance Institute for Highway Safety (IIHS) have touted the general effectiveness of these systems in avoiding crashes. For example, IIHS research showed that electronic stability control technology can reduce the risk of rollover accidents by up to 80 percent and the risk of fatal accidents by over 30 percent.  Some front crash prevention systems were found to reduce insurance claims for bodily injury by approximately 29 percent. 
These crash avoidance technologies are often only included in the more expensive models an auto manufacturer may offer. However, because of the largely successful results of these systems thus far, ten different auto manufacturers have recently pledged  to begin including automatic emergency braking technology as standard on every new vehicle they build. These manufacturers include:
Though these systems do protect motorists from accidents and resulting injuries, they are not infallible. If fact, the following are some things of which motorists using these systems should be aware:
If you have been in a crash due to failed equipment, a negligent driver, or any other reason, please do not hesitate to call a qualified car accident lawyer at The Levin Firm at 215-825-5183 for a free consultation today.
Following a motor vehicle accident, attention should be immediately paid to a victim’s physical injuries. Emergency treatment and stabilization are key in improving a victim’s chance of survival and preventing complications. Treatment for physical injuries may be ongoing for a significant period of time, especially if a victim requires surgical procedures or rehabilitative therapy. While physical injuries can be serious, focus should also be turned to a victim’s psychological well-being and to any emotional injuries they may have suffered as a result of the motor vehicle accident.
Many emotional and psychological effects may result from physical injuries sustained in a motor vehicle accident. Some factors that can cause emotional injuries include:
Post-traumatic Stress Disorder (PTSD)  is most often associated with veterans who were in active combat zones. However, this mental condition can develop following any kind of traumatic event during which you sustained serious physical injury or felt the threat of serious physical injury. Motor vehicle collisions are sudden and often violent events that can result in a car rolling over, chain reaction collisions, being trapped in a vehicle, and other circumstances that can be extremely traumatic. Studies demonstrate  that an estimated 9 percent of motor vehicle victims suffer from PTSD as a result of the accident and the percentage is much higher among accident victims who seek treatment for mental conditions.
PTSD can be a debilitating condition that can have the following symptoms and more:
In addition to the above symptoms, a significant percentage of motor vehicle accident victims with PTSD also suffer from severe phobias, major depression, anxiety, and/or other mood disorders.
The symptoms and effects of PTSD can have a substantially adverse effect on a sufferer’s life as they may withdraw from jobs, social situations, school, or other previously enjoyed activities. This condition requires a significant amount of psychological therapy and often requires medication during an extensive recovery time. Treatment can be costly and victims may also lose income during recovery.
The costs of treatment for emotional and psychological injuries after a motor vehicle accident can be substantial. In addition, if an emotional injury is debilitating, a victim may lose income from missing work or may be temporarily disabled until they receive proper psychological treatments. Just as victims deserve to recover for all medical expenses related to physical injuries, they also deserve to obtain compensation for all losses related to emotional injuries and distress. At The Levin Firm, we understand how substantially an accident can affect your emotional well-being and we will always strive for full compensation for all of your losses. Please call a Philadelphia car accident lawyer today at 215-825-5183 for help.
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