Philadelphia Car Accident Lawyer

The personal injury law firm of The Law Offices of Greg Prosmushkin, with 30 years of experience, offers free consultations to all Pennsylvania clients. Call 215-799-9990 today or email us to contact Philadelphia Car Accident Lawyer has been helping car accident victims pursue reimbursement for their economic and non-economic damages.

If you’ve ever been in a car accident in Philadelphia, Pennsylvania, you know that the experience is especially challenging if you are trying to figure things out on your own. We are proud of our work in helping our clients find justice when preparing a car accident lawsuit.

Our car accident lawyers are here in Philadelphia and the greater Philadelphia region, including Bucks County, Delaware, and Montgomery County, and we are ready to go to work for drivers like you. We even offer a free consultation and case evaluation.

Car accidents can cause severe injuries, leading to physical, emotional, and financial hardships. Understanding the legal process is crucial to securing fair compensation for medical bills, lost wages, and other damages.

Why Choose Law Offices of Greg Prosmushkin for Car Accident Cases

It can be a traumatic experience to face a car accident. Along with injuries, the victim may also have to face a financial crisis owing to inciting medical bills, lost income, and vehicle damage. Experienced personal injury law firms such as The Law Offices of Greg Prosmushkin can help injured victims navigate the challenging time by protecting their rights and fighting for fair compensation.

Some reasons why you should choose our injury law firm are as follows:

• Experience: With over an experience of more than 3 decades, our lawyers have helped numerous clients in Philadelphia. They have an extensive understanding of car accident laws prevailing in Philadelphia.
• Focus on Client Needs: As every car accident is unique, our attorneys take time to patiently listen to your accident case and work according to your needs.
• Free Consultation: Our law firm offers a free initial case consultation in which you can get answers to all your legal questions. They will let you know about different legal options and how to proceed with the personal injury claim.
• Client-Centered Approach: Our lawyers provide legal advice based on your case and personalized attention to every client.

How Can a Philadelphia Car Accident Lawyer Help You?

Car accidents may cause devastating injuries, and there may be incurring medical bills. Therefore, you may be under a tremendous financial burden. A Philadelphia car accident lawyer can help you deal with the legal process and recover the compensation.

Some of how a lawyer help you are as follows:

• Investigate the Accident: They will gather evidence to determine the cause of the accident and identify the at-fault party. You may strengthen your claim by collecting the police report, eyewitness statements, and accident scene photos.
• Communicate with Insurance Companies: Insurance companies may use bad insurance company tactics to deny or reduce your claim. Your lawyer can handle all communications with the insurance adjuster and fight for a fair settlement.
• Calculate Damages: Car accidents can result in various damages, including medical bills, lost wages, pain and suffering, and property damage. Your lawyer will help you get compensation.
• Go to Trial: If a fair insurance settlement cannot be reached in your case, your lawyer will be prepared to take your case to trial.

Motor Vehicle Accident Settlements:

After a motorcyclist was killed by a school bus in Philadelphia, their loved ones sought compensation for wrongful death. Our compassionate and skilled lawyers supported the family and helped them with their claim, obtaining a $3,300,000 settlement on their behalf.

A $2,300,000 settlement for our client, who was seriously injured in a car crash in Northeast Philadelphia. Our knowledgeable car accident lawyer used their skills and experience to negotiate a fair settlement offer, getting them the financial compensation they needed.

A $1,250,000 settlement for a motor vehicle driver injured on the job. Our client was unloading improperly loaded cargo when they were hurt. We proved that the loaders were negligent, and our skilled attorney negotiated a fair settlement for our client.

A $1,000,000 settlement for the loved ones of a motorcyclist killed in a Bucks County crash. The victim was hit by a negligent tractor-trailer driver. Our team supported the family in a wrongful death suit and used their skills to obtain a million-dollar settlement.

What To Do After A Car Accident?

No one ever expects to be in a car accident, and we hope it never happens to you. However, even if you are an excellent driver, you could be at the wrong place at the wrong time. If someone should hit your car or truck, there are a few courses of action you can take:

• Stop your car. Under no circumstances should you ever flee the scene of an accident.
• Get the other driver’s contact information and insurance information.
• Gather any witness statements.
• Call 911 and wait for emergency responders.
• Take pictures of the accident scene while you wait unless you’re unable to do so. This photographic evidence can be beneficial to your claim.
• Start writing down anything you remember that happened.
• When first responders get there, provide a truthful account of what happened.
• Seek immediate medical treatment.
• Contact our office at 215-799-9990

You should always seek medical treatment for injuries, so listen closely to the advice of any medical professionals present at the scene. Your safety is the center of our focus.
The law enforcement authorities will create an accident report and collect any relevant evidence from the scene of the collision. This document will be important for your insurance and vital to pursuing legal action.

This is not the only document that will be important should you begin to file a personal injury claim. This will validate your actual damages. Providing any of this additional information to the auto accident injury lawyers will only strengthen your case.

What Are The Common Types Of Car Accident In Philadelphia

Fair compensation for car accident victims who have been personally injured in a car accident in Pennsylvania is necessary as accidents occur frequently, especially in the greater Philadelphia region. Seek representation from a competent Philadelphia car accident attorney if you face any of the following:

• T-bone collisions: T-bone accidents occur when the front of one vehicle impacts the broad side of another vehicle. These side-impact accidents often occur when one driver fails to obey traffic signals, such as turning in front of traffic or running a red light. Due to the nature of these auto accidents, T-bone collisions often lead to serious injuries.
• Head-on collisions: A head-on collision occurs when the front of both vehicles hit each other. This occurs when one vehicle is traveling in the wrong lane of traffic or passes in an unsafe manner. These are often serious accidents. Drowsy driving, distracted driving, and drunk driving accidents are some common causes.
• Single-vehicle accidents: A single-vehicle accident happens when only a car hits an object other than another moving vehicle. Depending on the rate of speed and the object hit, a single-vehicle collision could cause minor damage or a totaled vehicle and severe injuries. Icy road conditions, texting and driving, driver errors, and intoxicated driving are some of the leading causes of single-vehicle accidents in Philadelphia. Sometimes, mechanical issues or failures may be the reason an accident occurred.
• Red Light Accidents: A red light accident occurs when a driver fails to stop at a red light and drives their vehicle into cross-traffic. Less commonly, issues with traffic signals may cause collisions. Red light accidents can be severe depending on the number of vehicles involved and the rate of speed.
• Rollover crashes: A rollover crash happens when a vehicle flips onto its top. In some cases, a vehicle can roll over multiple times. Certain types of vehicles are more susceptible to rollovers due to their higher center of gravity. SUVs, pickup trucks, and vans are the most common types of passenger vehicles involved in rollover crashes.
• Hit-and-run accidents: A hit-and-run accident occurs when a driver hits another car or object, causing damage, and then leaves the accident scene. This can be particularly frustrating for an individual whose property was damaged and who sustained injuries. If you were injured in a hit-and-run accident, our personal injury team can help.
• Ridesharing accidents: Rideshare programs like Uber and Lyft are a popular mode of transportation for many. If your rideshare driver was involved in a crash, getting compensation for your injuries can be particularly complex. Your injury claim may be hindered by the insurance policies involved and whether the rideshare company will take responsibility.
• Car Accident On Ice: In the northeastern United States, ice, snow, and sleet can cause hazardous road conditions for many months of the year. Black ice can be especially dangerous for Philadelphia drivers. Car accidents on ice can be minor or severe depending on the rate of speed, number of vehicles involved, and whether your car collides with an object.
• Rear-end collisions: A rear-end collision occurs when the front of one vehicle hits the back of another. This can happen if the vehicle in the front stops suddenly, if the vehicle from behind follows too closely, or if the driver of the second vehicle is driving inattentively. Rear-end collisions can not only cause vehicle damage but commonly lead to back and neck injuries like whiplash.
• Driver Error: Sometimes drivers make misjudgments while driving. They may think that there is adequate space to turn, they may not see another vehicle in their blind spot, or they may miscalculate another vehicle’s rate of speed. In other words, accidents happen. If you were injured in an accident caused by your or another driver’s error, our personal injury attorneys can help.
• Multi-vehicle collisions: Sometimes, multiple vehicles are involved in a crash. These types of accidents are not uncommon during busy rush hour traffic. Pile-up accidents and multiple rear-end collisions often occur on Pennsylvania’s highways. The more vehicles that are involved the more likely damage and injuries will occur.
• Road construction accidents: Road construction presents unique hazards to drivers. Debris, potholes, construction equipment, and barriers may collide with vehicles, causing accidents and injuries. Moreover, poor signage or incorrect signaling by road crews can lead to severe collisions.

Whether your accident involves one, two, or multiple vehicles, an attorney can prove to be beneficial for you in securing your rights.

Common Causes of Car Accidents in Philadelphia

Millions of Americans travel and commute every day by car, so it’s important to consider the potential risks when behind the wheel. Several mistakes often result in severe car accidents. Driver negligence is one of the most common causes of auto crashes.

Negligence (i.e., a lack of due care as the law sees it) is why they call it an accident. Reckless driving beyond mere negligence, and other deliberate traffic violations under Pennsylvania law, increase the danger for law-abiding motorists, however.

Contributing causes of Philadelphia car accidents include the following:

• Speeding: Speeding in excess of posted speed limits obviously can result in innumerable crashes, such as head-on or rear-end collisions or accidents at intersections
• Distracted Driving: When drivers become absorbed in smartphones, GPS devices, Bluetooth connections, music, food, and so on instead of operating their vehicle safely
• Drunk Driving: Drugged driving, i.e., impairments from which can endanger the intoxicated motorist and everyone else on the road
  
• Reckless Driving: Under Section 3736 of the Pennsylvania Statutes, which prohibits “willful or wanton disregard for the safety of persons or property” and, as a practical matter, can extend to all sorts of improper or illegal driving behavior or a combination of behaviors, such as speeding, tailgating, weaving through traffic, etc.
• Failure to Yield: The right of way when turning left, merging onto a road or highway, or failure to comply with a yield sign can lead to collisions
• Driver Fatigue: This can occur especially when a driver falls asleep or becomes drowsy behind the wheel, and it can have adverse effects on reaction time, alertness, and so forth.
• Weather Condition: Weather Conditions. e.g., snow, ice, hail, rain, or fog which can make roads slippery and a vehicle difficult to control as well as limiting visibility.

There are also other external factors that can contribute to car accidents such as faulty road infrastructure and traffic congestion.

It is important to identify the main cause of the accident to determine who is at fault. As an essential aspect of representation, an experienced lawyer will identify the cause and then seek to hold the at-fault party or parties accountable by paying the victim or victims fair compensation for their injuries.

What Types Of Injuries Do Car Accidents In Philadelphia Cause?

Car crash survivors in Philly need time to recover due to life-threatening injuries. Whether it is a minor or a severe collision, it may result in serious bodily injury including pain, disability, and even fatalities in extreme cases. Our successful Philadelphia car accident attorneys urge you to seek the assistance of an experienced attorney if your accident results in any of the following:

• Traumatic brain injuries: Car accidents cause traumatic brain injuries resulting in disability or even wrongful death in extreme cases. It may occur when an individual’s head is injured due to hitting some part of the car.
• Spinal cord injuries: After a car accident, sometimes the body gets violently thrown or twisted in unnatural positions. Consequently, an individual may get injured, resulting in spinal injuries, which can lead to paralysis that can be full or partial.
• Broken Bones: Broken bones are common, even if the accident is minor. Some common broken bones are wrists, ankles, ribs, pelvis, arms, and wrists. Some fractures can be simple and heal easily. However, owing to the severity of the fractures, some may take time to heal and may even require surgery.
• Disfigurement: In car accidents, the broken glass or forceful impact against windows may leave the driver injured with severe lacerations or burns. Some disfigurements may even require surgeries and leave lifelong scars.
• Burns: In a car accident, the driver may get exposed to chemicals, hot fluids, hot surfaces, or steam and may get burned easily. Furthermore, the car can easily catch fire in an accident which may worsen the chance of burn injuries.
• Lacerations: Broken glass, sharp pieces of metal, or objects moving within the car can hit occupants, breaking open the skin. A car crash can result in minor or major lacerations. Deep or big cuts may require stitches and leave significant permanent scarring.
• Whiplash: Whiplash is one of the most common injuries after a car accident, even when the motor vehicle is driving at a low speed and passengers are using safety equipment such as seat belts.
• Soft tissue injuries: When a car accident occurs, tendons, muscles, and ligaments are susceptible to injury. A soft tissue injury like sprains, bruising, and strains that can be painful and long-lasting.
• Psychological trauma: Unlike physical injuries, psychological and emotional injuries may not be as apparent. For instance, car crashes can cause post-traumatic stress disorder (PTSD) that may not appear until years after the traumatic event. Moreover, trauma can actually change how the brain works and severely affect one’s life.

Medical expenses due to catastrophic injuries may drain your savings. Dangerous car accidents can potentially cost injured victims a fortune. If you have been injured in a car accident, do not sign any settlement agreement without consulting your auto accident lawyer in Philadelphia first.

What Types Of Damages Can Victims Recover After A Car Accident in Pennsylvania

If you are willing to file a personal injury lawsuit as the plaintiff, you will need proper evidence of your damages. Damages refer to the financial losses, non-financial losses, and major injuries sustained by the victim.

It’s important to learn there are various types of damage at your disposal, each with certain limitations. Talk with your Philadelphia car accident lawyer to help you identify the variety of claims that are available to you moving forward.

Economic Damages

For legal purposes, car insurance claims should pay for the economic damages since they have a clear cost that can be linked to your damages. Two of the fundamental economic damages that a victim faces after a car accident are medical bills and lost wages.

• Medical Bills- Medical bills may include ambulance costs, emergency surgeries, emergency care, appointments with the doctor, mental health counseling, and physical therapy if needed to treat your injuries.
• Lost wages- Lost wages can put victims in a tough spot financially. If a victim’s injuries are serious enough to result in a disability and they are not able to work anymore, the family may require financial support. An attorney will know how to calculate all your past and present lost income, including loss of future earnings.
• Property damage- Economic damages may also include vehicle repairs in case of damage by accident.

Non-Economic Damages

The pain and suffering of the injured victim are examples of damages that are non-economic. Pain is most often defined, in this instance, as the actual physical injuries and associated physical trauma from a vehicle accident. Suffering is prolonged mental and emotional distress, including loss of enjoyment of life and loss of consortium, especially in the event of permanent injury or a wrongful death claim.

Pain and suffering can make it difficult to resume living a normal life after truck accidents. Some can result in or often lead to severe depression or post-traumatic stress following an accident, whether because of the injuries they sustained or the anxiety caused by reliving the accident.

It is important to retain a copy of your documents during an accident, as well as the days, months, or even years after. For example, a daily journal could be of great assistance to your case because it can provide extensive details of your injuries. Explaining what you went through during such a difficult time will make it easier for those involved in your case to understand the entire scope of your non-economic damages.

Punitive Damages

Punitive damages are a form of retributive justice, which is justice that is meant to punish the defendant. Punitive damages are awarded to the injured driver when the defendant was notably negligent. A defendant may be judged as negligent if they were driving while under the influence of alcohol or controlled substances or if they were driving especially recklessly. Punitive damages are supposed to be a deterrent, meaning that they are enacted to prevent the same type of accident from reoccurring and prevent future injuries.

Severe injuries can stand in the way of our enjoyment of life, so you must seek justice. At-fault drivers should be held accountable for improving the safety of all drivers involved. If you face a car accident, hiring a Pennsylvania car accident attorney may help you achieve success with your personal injury claim.

How Much Is My Philadelphia Car Accident Claim Worth?

Every car accident case is unique, and several factors determine the actual value of your claim. Having adequate legal representation will go a long way in determining the final dollar amount. The settlement amount will depend on:

• Whether you negotiate a settlement or go to trial;
• The severity of the injuries;
• Your long-term medical prognosis;
• Whether you were the primary financial earner for your family;
• Your percentage of fault for your injuries; and
• Ongoing rehabilitative and home services costs.

Settlements for personal injury lawsuits are intended to grant the plaintiff financial benefits and bring relief to their families. Any actual damage award will depend on the particulars of your case. An experienced car accident attorney in Philadelphia can provide you with the necessary information about how to proceed further. Their job will be to negotiate with the insurance claims adjuster to compensate you for your losses.

According to expert legal surveys, car accident lawsuits settle on average between $20,000 and $30,000.

Who Is to Blame for My Philadelphia Car Accident?

One or more parties may be to blame or share the blame when a car accident occurs in Philadelphia. This is a threshold matter that requires a prompt and in-depth investigation by your legal counsel.

In general order of probability, the potentially at-fault parties are as follows:

• Obviously, the other driver or drivers are most likely to be at fault for what happened, especially if police cited them for violating traffic laws (although in Philadelphia, cops may not respond to accidents considered less serious).
• In some instances, the owner of the at-fault vehicle may be considered financially responsible for your injuries, too, if the driver and the owner are two different people or entities.
• Along those lines, if a driver was on the clock at the time, the employer might also be considered a responsible party. If a road hazard contributed to the injury, the city of Philadelphia or the state of Pennsylvania might be held liable or share partial liability. A private business might face the same kind of legal fault if, e.g., the accident occurred on a private road that was left in a dangerous condition.
• In some limited circumstances, a motor vehicle manufacturing defect or a car maintenance gone wrong might have played a role and thus might be involved in the chain of causation.
• As alluded to above, weather conditions can also be a factor, especially in the winter.

The Statute of Limitations for A Car Accident Claim in Philadelphia

Under Pennsylvania 42 PA. C.S.A. § 5524 (2), there is a limited timeframe for filing a lawsuit after a car accident, which is known as the statute of limitations. Generally, the time frame for filing personal injury claims is two years from the date when the accident occurred.

There are some exceptions to this rule. For instance, for minors, the statute of limitations does not start running until their 18th birthday. If the claim is against the government, injured parties must file a notice of claim within 6 months of the injury.

As such, it is essential to speak with an attorney as soon as possible after the occurrence of a personal injury accident to discuss the viability of your claim and ensure that your case gets filed within the specified timeframe.

Where Do Philadelphia Car Accidents Occur?

Accidents can unfortunately occur anywhere, including in front of your driveway and at your work parking lot. Beyond the unpredictability and singularity of where, when, and how, and to what extent a car crash takes place, traffic trends and patterns are subject to change. In Philadelphia, however, most accidents are said to occur at the following locations:

• Roosevelt Boulevard
• Delaware Expressway (Interstate 95)
• Schuylkill Expressway (Interstate 76)
• Broad Street
• The Grays Avenue and South 48th Street intersection

How Our Philadelphia Auto Accident Lawyers Identify Responsible Parties

One of the functionally important jobs of a Philadelphia Car Accident Lawyer is to comprehensively explore all the possibilities insofar as the fault is concerned.

In identifying those who should pay monetary damages for your car accident, as outlined above, The Law Offices of Greg Prosmushkin will leave no stone unturned when it comes to finding and legally addressing all potentially responsible parties.

This kind of detailed inquiry comprises intense scrutiny, such as:

• Reviewing police reports and ticket issuances
• Interviewing witnesses and gathering eyewitness testimony
• Accessing traffic cam video and dash cam footage
• Verifying car ownership, license status, and driving history
• Confirming insurance coverage including underinsured motorist coverage, uninsured motorist coverage, and liability coverage
• Obtaining cell phone data, if appropriate
• Collecting all other pertinent evidence including:
• Medical records
• Driver logs
• Maintenance records
• Phone or mobile data records
• Product design specifications
• Diagnostic testing
• Assessing a potential employer-employee relationship
• Analyzing Pennsylvania law compliance or violations
• Deploying accident reconstruction specialists and expert testimony

Who is at fault in a car accident?

After a car crash, it is important to identify personal or product liability. A thorough investigation of the crash is needed to determine an at-fault driver. Generally, determining an at-fault driver in an automobile accident involves looking at the facts, such as their driving history or record, and applying the applicable laws.

Most car accident cases are based on a theory of negligence. To prove negligence, a victim must show that they were (1) owed a duty of care; (2) there was a breach of duty; (3) causation; and (4) damages. Furthermore, under Pennsylvania’s comparative negligence law, a plaintiff can still recover as long as they are less than 51% at-fault for the accident.

Commonly, the liable party is the driver who acted negligently; however, other parties may be responsible. Some of the other parties who may also be liable in a car accident are as follows:

• Shipping companies: Some accidents may occur due to an error by the shipping company in maintaining balance while transferring loads in a tractor-trailer, thereby injuring other car and vehicle passengers sharing the road with them.
• A government entity responsible for maintaining roads: Government agencies, in this case, Pennsylvania or PennDOT, will be responsible for maintaining the roads in proper condition. If the road is in poor condition, or there was no proper warning to drivers of an upcoming hazard, then the government agency may be liable for an accident.
• Auto part manufacturers: If an auto company sells a part to a driver that is not up to safety standards and does not mention this to the consumer, they can be held responsible if said part causes an accident. This includes any accidents or injuries caused by the malfunctioning product.
• Bar or other establishment if the driver is under the influence of alcohol: According to Pennsylvania’s Dram Shop Law, any establishment can be held liable if a car accident occurs due to the negligence of someone drunk driving. An individual who is visibly intoxicated while sitting at a bar should not be served any drinks, and it is illegal to drive a car in Pennsylvania. To prove dram shop liability on the part of a restaurant or bar, the victim of the accident needs to prove that the alcohol in question was served to a visibly intoxicated individual.

Difference Between Full Tort & Limited Tort

Pennsylvania is a choice no-fault state. This means that drivers in the state can choose whether they retain the right to sue. In Pennsylvania, then, you face a choice between two types of insurance coverage: limited tort insurance and full tort insurance. Additionally, personal injury protection (PIP) is mandatory insurance coverage for medical expenses and other losses related to a car accident, regardless of fault.

With full tort coverage, you have the option to sue for various expenses, including medical costs and non-economic damages, such as pain and suffering resulting from lifestyle changes after an accident.

Conversely, limited tort offers lower upfront insurance premiums, but it restricts your ability to claim non-economic damages unless you meet specific criteria defined as a “serious injury” in your policy.

While limited tort might appear budget-friendly, it’s often safer to go for the full tort option, which provides broader coverage. However, it usually comes with higher premiums. In the case of an accident, having full tort coverage allows you to seek a wider range of compensation, although this comes at a cost in terms of premiums.

Which Car Accident Cases Do Not Involve Proving Any Negligence?

There may be situations where it is not required to prove negligent actions from the drivers themselves. Suppose the accident simply occurred due to the malfunction of the car parts or if the car parts are defectively designed, there is no need to prove any negligence.

Car manufacturing companies will take every step to avoid any responsibility for paying for the cost of the accident. They will use arguments to avoid any liability, such as the car driver not being able to perform behind the wheel or being aggressive while driving. However, it will be clear from any evidence or surveillance camera footage what caused the deadly collision.

The state or government could also be held at fault if poor road conditions led to the accident and no hazards were in place to alert drivers of danger.

How much does it cost to hire Philadelphia car accident attorneys?

Hiring a car accident lawyer usually involves a contingency fee. Under a contingency fee structure, the attorney will typically charge a percentage of the final settlement or jury award. This means that you only pay once they win. What you’ll pay will depend on the result of the case.

Unfortunately, a lawyer for car wrecks cannot guarantee the success of a case, but together, you may discuss expenses, like filing fees, during the initial consultation. Fees can vary based on case complexity and negotiation. You may consult with your lawyer and establish a rapport with them.

Legal agreements should address and outline all fees and expenses. Hiring a lawyer on contingency can help manage costs if you’re facing medical bills and other accident-related expenses.

Contact A Philadelphia Auto Accident Attorney At The Law Offices Of Greg Prosmushkin

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