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November 4, 2017

Road Rage, Traffic Violations, and Car Accidents

Car Accident Lawyers in PA

 

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.

Common Causes of Philadelphia Car Accidents

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:

  • Failing to yield to emergency vehicles
  • Tailgating other drivers or following them too closely
  • Exceeding the posted speed limit
  • Aggressive, careless, or reckless driving
  • Driving too fast for weather conditions (such as rain, snow, or ice)
  • Failing to follow posted warning signs and other traffic signs
  • Failing to use appropriate turn signals
  • Failing to obey traffic lights and other traffic control devices

Proving Liability and Medical Damages

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:

  • Prior surgeries and medical procedures
  • Degenerative findings on X-rays, MRIs, or other imaging studies
  • Preexisting medical conditions or illnesses
  • Prior injuries
  • Diagnosed degenerative conditions
  • Prior motor vehicle or motorcycle accidents
  • Prior work-related injuries

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.

Disputed Liability in Philadelphia Car Accident Cases

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.

Contact a Philadelphia Car Accident Attorney Today for a Free Initial Consultation and Case Evaluation

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.

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