Distracted Driving Laws and Car Accidents: Consequences and Liability

Distracted driving is a leading cause of car accidents, often resulting in significant legal liability for those found at fault. Understanding the laws surrounding distracted driving and the potential outcomes of related car accidents is crucial for all drivers. This article delves into the consequences of distracted driving, the legal implications, and how consulting with a car accident attorney can help navigate these complex situations.

Understanding Distracted Driving

Distracted driving encompasses any activity that diverts attention from driving, including:

●     Texting or using a phone

●     Eating or drinking

●     Talking to passengers

●     Adjusting the stereo or navigation system

These distractions can significantly impair driving ability, leading to accidents, injuries, and even fatalities.

Legal Consequences of Distracted Driving

1.    Traffic Violations and Fines: Engaging in distracted driving can lead to traffic citations and hefty fines, varying by jurisdiction.

2.    Increased Insurance Premiums: Convictions for distracted driving can result in increased car insurance premiums, affecting your financial situation long-term.

3.    Criminal Charges: In severe cases, especially those resulting in injury or death, distracted drivers may face criminal charges, including manslaughter or negligent driving.

Liability in Distracted Driving Accidents

●     Determining Fault: In the event of an accident, law enforcement and insurance companies will investigate to determine fault, often using evidence of distracted driving to assign liability.

●     Impact on Personal Injury Claims: Evidence of distracted driving can significantly impact personal injury claims, affecting compensation for damages and injuries.

●     Comparative Negligence: Some jurisdictions apply comparative negligence rules, which can reduce compensation if you are found partially at fault due to distraction.

How a Car Accident Attorney Can Help

Consulting with a car accident attorney is vital when dealing with the aftermath of a distracted driving accident. An attorney can:

●     Provide legal representation and advice

●     Help navigate insurance claims and settlements

●     Represent you in court, if necessary

Protecting Yourself from Distracted Driving Claims

●     Stay Focused: Always prioritize your attention on driving and avoid any activities that could distract you.

●     Use Technology Wisely: Utilize hands-free devices and do not text or engage in activities that require you to take your eyes off the road.

●     Understand the Laws: Familiarize yourself with local distracted driving laws to ensure compliance and reduce the risk of legal issues.

Distracted driving poses significant risks not only to your safety but also to your legal standing in the event of an accident. Understanding the consequences and liabilities associated with distracted driving accidents is essential for all drivers. Should you find yourself involved in such an incident, consultation with a car accident attorney can provide the guidance and representation needed to navigate the legal challenges. For those facing charges related to driving under the influence, a top DUI attorney can also offer crucial legal support. If you live or drive in Chester County, consulting with  Personal Injury Lawyers in Chester County PA is a must. Remember, safe driving practices not only protect you, but also the lives of others on the road.

This blog was originally posted on https://pa4law.com/distracted-driving-laws-and-car-accidents-consequences-and-liability/

Read More

The Role of a Personal Injury Attorney – How They Can Help You Navigate the Claims Process

 

When you are hurt and trying to heal, dealing with a personal injury claim may be the last thing on your mind. The claims process can be time-consuming and frustrating, leaving you wondering how you will pay for your medical bills and missed time from work. The best personal injury lawyers help clients navigate the claims process from start to finish, which can ease your stress and allow you to focus on your recovery.

Assessing Your Case

In your initial consultation, a Pennsylvania personal injury lawyer will ask you some questions, address your concerns, and discuss your case with you. They will ask how the accident or incident occurred, who was involved, and who you believe may be liable. An attorney also will inquire about your injuries, how they have affected your life, and what type of medical treatment you have received. After evaluating your case, they will give you their opinion on whether you have a viable claim, and on the most effective way to proceed.

Investigating Your Claim

If you decide to proceed with your claim, your attorney’s team will thoroughly investigate the circumstances surrounding your case. For example, if you were hurt in a car accident, your personal injury lawyer may visit the scene of the crash to take pictures, obtain police reports, get the insurance information of other involved parties, contact witnesses, and identify who may be at fault and liable for damages.

They also will request all medical records associated with treatment for your accident-related injuries. You will want to gather all bills, invoices, receipts, pay stubs, or other proof of income so your accident lawyer can determine what your claim is worth. Depending on the circumstances, your personal injury attorney may also employ the services of accident reconstructionists and other experts as your case develops.

Sending a Demand Letter or Notice of Claim

Once the evidence is collected and your attorney puts it all together to create a legal claim, your attorney will send a formal demand letter to the liable party’s insurer. This puts them on notice of your intention to file a claim. The letter will outline the evidence, explain why you are entitled to compensation, and include the dollar amount you are requesting for your injuries and other damages like lost wages and pain and suffering.

Negotiating a Settlement

The vast majority of personal injury claims are settled out of court. A car accident attorney or personal injury lawyer will handle all communications and negotiations with insurers so you can focus on getting better. Without legal representation, many injured victims accept minimal settlements that do not even begin to cover their medical bills, let alone other damages. Even if you do not think you have been seriously injured, it is always a good idea to speak to a lawyer after an accident.

Personal injury lawyers are familiar with the tactics insurance companies often employ to offer minimal amounts or deny claims. When you have an experienced attorney advocating for you, you can rest assured that they are working towards the best possible outcome for your case. If a reasonable settlement cannot be reached, your lawyer may recommend taking your case to trial.

If you or a loved one has been hurt in an accident caused by negligence, our personal injury lawyers in Chester County, PA can help.

This blog was originally posted on https://pa4law.com/the-role-of-a-personal-injury-attorney-how-they-can-help-you-navigate-the-claims-process/

Read More

Speak with a Personal Injury Lawyer before Accepting a Settlement

After an accident, it can be tempting to accept the first settlement offered by an insurance company. You may be in financial straits and unsure about the next steps to take. It is important to keep in mind that insurance companies are not on your side and will try to offer as little compensation as possible. Before you give a statement, sign anything, or accept a settlement, it is vital to speak to a personal injury lawyer who can assess your case and advise you of your options. 

The Insurance Adjuster Is Not Your Friend

The top priority of an insurance adjuster is to protect the insurance company’s interests. This means they may try to pressure you into accepting a minimal settlement before you even know the extent of your injuries and the long-term impact they may have on your life. They may take advantage of injured victims’ vulnerability and will often try to twist your words to pin fault on you instead of their insured. If an insurance adjuster contacts you for a statement, you do not have to speak to them right away. Politely decline to speak with them and call an accident lawyer. 

If You Accept a Settlement, You Have No Further Recourse

Accepting and signing a settlement agreement releases the insurer from liability, so you will not be able to recover additional compensation down the road. A good car accident attorney will evaluate your claim, estimate what it may be worth, and advise you on how to protect your rights. When they assess the circumstances of your accident and injuries, they may also discover additional sources of compensation that you may not be aware you could pursue. If you proceed with your case, they will handle all negotiations on your behalf. 

What Happens If I Don't Accept a Settlement Offer?

Just because you reject a settlement offer does not mean that your case will go to trial right away. Litigation can be a costly and lengthy process, so insurance companies prefer to reach settlement agreements outside of the courtroom. Attempting to negotiate a settlement on your own will most likely result in minimal compensation or no recovery at all. Personal injury attorneys are familiar with insurance companies’ tactics and are there to fight for your interests and maximize the amount of settlements or court judgments. Although there are cases in which an injured victim may have to take their case to court, they are few and far between.  

Personal Injury Lawyers Work on Contingency

You really have nothing to lose when you contact an attorney after an accident. Personal injury law firms take clients on contingency, which means you will not pay attorney fees until and unless they recover compensation for you. Your initial consultation is free, even if they decide not to move forward with your case. Another benefit of hiring a lawyer is that it takes a big weight off of your shoulders, which allows you and your family to concentrate on your healing and recovery. 

If you or a loved one has been hurt due to someone else’s negligence, you don’t have to go it alone. Contact a personal injury attorney for a free case evaluation. If you have lost a loved one in an accident, an estate attorney can help you sort-out the legal issues that may come next if you recover compensation in a wrongful death claim. 

This blog was originally posted on https://www.pa4law.com/speak-with-a-personal-injury-lawyer-before-accepting-a-settlement/

Read More

What to Do if You’re Involved in an Accident with an Uninsured or Underinsured Motorist

 

Being hurt in a car accident is traumatic and can be even more frustrating when an uninsured or underinsured driver is at fault for your injuries and property damage. There are several steps you can take to protect your rights and seek compensation to cover your medical bills and other damages. Having an experienced car accident attorney assess your case can help ease some of the stress you may be feeling and help you find options to protect your health and financial well-being.

Immediately Following an Accident

After any motor vehicle accident, your first priority should be your health and safety. Call 911 and wait for first responders to arrive. Take photos of the scene, your injuries, and anything else you think may be relevant. Gather contact and insurance information from any motorists who were involved. It is also a good idea to get contact information for any witnesses who may have seen what happened. If possible, obtain a copy of the police report at the scene. Make sure to seek medical attention to ensure you receive proper treatment for your injuries. Your medical records also provide valuable evidence that will back-up any insurance claims you file.

If a driver asks you not to call the police or offers you cash to avoid legal repercussions of not having insurance, do not accept it. There is no way to know what the total amount of your damages may be, and if you take what they offer, you may have no recourse for collecting compensation down the road.

Call Your Insurer

Report the accident to your insurance company. Before signing a statement or accepting a settlement, talk to an accident attorney. Most personal injury law firms offer free consultations, so speaking to an attorney will not cost you anything even if the attorney decides not to take your case.

Options for Recovering Compensation

Depending on the specifics of your auto insurance policy and the state in which you live, you may have several options. In “no-fault” states, your insurance company should pay for some or all of your medical expenses, lost time from work, car repairs, and other damages.

Uninsured/Underinsured Motorist Coverage

Although some states require motorists to carry UI/UIM insurance, it is very important to add it to your policy even it if is not mandated. Having adequate auto insurance coverage can help to ensure you get the medical care you need and protect your financial security in the event of an accident — especially one involving an underinsured or uninsured driver. This type of coverage can also help you get compensation for your injuries if you are hurt in a hit-and-run accident.

Personal Injury Protection

If you do not have uninsured motorist coverage, your Personal Injury Protection (PIP) insurance may pay for damages. For example, in Pennsylvania, drivers are required to have PIP insurance in the amounts of $5,000 in Medical Benefits coverage and Bodily Injury Liability coverage of $15,000 per person per crash (or $30,000 per collision), and $5000 in coverage for property damage.

Although you can bring a personal injury lawsuit against someone who does not carry liability auto insurance, it can be a losing battle out of the gate unless that person has significant assets. A good injury lawyer who is well-versed in handling uninsured and underinsured motorist cases can evaluate your case and help you determine which option may be appropriate for your specific circumstances.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-involved-in-an-accident-with-an-uninsured-or-underinsured-motorist/

Read More

Who is Liable in a Rideshare Accident?

 

Apps like Uber and Lyft provide a convenient way to get around town, but what happens if you are involved in an accident with a rideshare vehicle? Whether you are injured as a passenger, motorist, pedestrian, or bicyclist, it is important to know who may be liable for damages. You may be required to file claims with multiple insurance companies, so having a good car accident attorney in your corner is vital.

Determining Liability in Rideshare Accident Cases

Like any other motor vehicle accident, crashes involving rideshare drivers must be investigated to determine who was at fault. Although Uber and Lyft both carry $1 million liability insurance policies, you may have to file a claim with the rideshare driver’s personal auto insurance company, another motorist’s insurer, or even your own car insurance.  

An accident lawyer can conduct a thorough investigation, determine who may be at fault for your injuries, and help you recover compensation for damages such as medical expenses, lost wages, pain and suffering, and other damages. Filing multiple insurance claims can be a stressful, complicated  process. When more than one insurance company is involved, they may even join forces to minimize or deny your claim. Your lawyer can handle all negotiations with insurers and help to ensure all responsible parties are held accountable.

If You Are Injured in a Rideshare Accident

Although rideshare companies carry liability insurance, there are certain factors that can influence whether you can recover compensation from them after a crash. For example, the driver must be logged into the app and “on the clock” when the accident occurred. If they are not, you may have to seek recovery from the driver’s personal auto insurance.  

If another motorist is partially or solely at fault, their insurance should cover the cost of your damages. Depending on the circumstances, where you live, and the specifics of your policy, you may have to file a Medical Payments, Personal Injury Protection, and/or Uninsured/Underinsured Motorist claim with your own auto insurance company. Each case is unique. Finding a personal injury lawyer who has experience handling rideshare accident cases can help to ensure your rights and interests are fully protected.

Steps to Take If You are Involved in a Rideshare Accident

After any crash, taking certain steps can help preserve valuable evidence and ensure you receive the medical care you need. Regardless of how the crash occurred, taking the following steps can help protect your rights and your well-being.

•    Call 911 and wait for first responders to arrive
•    Seek medical attention
•    Get the name, contact information, and insurance information from the rideshare driver and any other motorists who were involved in the accident
•    Report the crash to the rideshare company as soon as possible. The most convenient way to do this is by using their app or website
•    Take pictures of the scene, damage to vehicles, and your injuries
•    If possible, obtain a police report at the scene
•    Keep all accident-related medical records, bills, and receipts in a safe place
•    Make sure to save any texts, emails, or other correspondence from the rideshare company, driver, and their insurers
•    Before speaking with insurance adjusters, signing anything, or accepting a settlement, contact a car accident attorney.

There is no need to rush to determine who is at fault or to accept the first settlement offer that comes along. Contact a rideshare accident attorney who can evaluate your case and advise you of your options.

This blog was originally posted on https://www.pa4law.com/who-is-liable-in-a-rideshare-accident/

Read More

How Truck Accidents are Different from Car accidents When it Comes to Injury Cases

 

Being involved in any motor vehicle accident can be traumatic, but when it involves a tractor-trailer or another large commercial truck, the consequences can be life-altering. If you have been injured or have lost a loved one in a crash involving an 18-wheeler, an experienced car accident attorney can help you understand how your personal injury or wrongful death claim may differ from those that only involve passenger vehicles.

Truck Accidents Often Cause More Serious Damage and Injury

Because of their large size and weight, tractor-trailers often cause accidents that result in significant property damage, catastrophic injury and death. In cases where multiple vehicles are involved, the human cost of a crash may be even higher. Victims of truck accidents may suffer injuries such as:

- Head, neck and back injuries

- Spinal injuries that result in paralysis

- Traumatic brain injury

- Broken or crushed bones

- Amputation

- Disfigurement

- Organ damage

These types of injuries often require lifelong medical care and can significantly diminish your quality of life. Although no amount of money can change what happened, a good injury lawyer can put an accurate value on your claim and help to ensure you recover the maximum compensation you need and deserve to protect your health and financial future.

Truck Accidents Claims are Complex

Tractor-trailer accident claims are multifaceted. It is critical to collect and preserve valuable evidence as soon as possible. A trucking company may send investigators and insurance company representatives to the scene right away. Do not give a statement or sign anything from an insurance adjuster without talking to a car accident attorney first. Their priority is always the bottom line—even your own insurance company may not be looking out for your best interests.

Although it may be tempting to accept the first settlement offer, you may be unaware of the extent of your injuries and the long-term impact they may have on your life. Trucking companies and other businesses often have liability insurance policies that reach into the multi-millions. In addition, multiple parties may be liable for damages in a truck accident claim, including the trucking company, truck driver, maintenance company, truck manufacturer, or parts manufacturer.

An experienced attorney will thoroughly investigate the circumstances surrounding the crash and help you pursue all possible avenues of compensation. It is important to hire a lawyer who is familiar with the laws and regulations put forth by the Federal Motor Carrier Safety Administration (FMSCA), which oversees standards and rules for owners and drivers of commercial vehicles.

Collection of Evidence May Be More Extensive

Truck accident cases require the collection and review of additional evidence that is not typically necessary in car accident claims. In addition to photographs, witness statements, and police reports, the best accident lawyers gather evidence such as:

- The truck driver’s training and driving record

- Truck maintenance records

- The truck driver’s medical records

- Results of any drug and alcohol testing

- The vehicle operator’s log, which contains valuable information like the number of hours driven, breaks and stops

- The “black box recorder” from the truck, which documents GPS, engine and other travel data

- Cell phone records

Legal teams also work with accident reconstructionists and other professionals who can provide vital expert witness testimony to back up your claim.

If you have been hurt in a tractor-trailer accident, seeking the counsel of a skilled Pennsylvania personal injury lawyer can help protect your rights and recover fair compensation.

This blog was originally posted on https://www.pa4law.com/how-truck-accidents-are-different-from-car-accidents-when-it-comes-to-injury-cases/

Read More

DUI Accidents: Are Bar Owners Liable for Damages?

 

Each year millions of people are injured or killed in drunk driving accidents. Although motorists who drive under the influence of alcohol should be held accountable for their actions, sometimes other parties also may be responsible. In Pennsylvania, bars, restaurants, and other establishments that serve a visibly intoxicated person may be liable for any injuries-or death-that are caused by that person. These types of cases require the knowledge of seasoned Pennsylvania personal injury lawyers who understand what is involved in proving ‘dram shop’ liability.

What Is Dram Shop Liability?

In 18th Century England, spirits were sold by the spoonful, or “dram,” in establishments called dram shops. Today, dram shop laws hold businesses and individuals (known as social hosts) accountable for serving alcohol to visibly intoxicated persons or minors who cause injury or death.

Although dram shop laws are most commonly applied in drunk-driving cases, they also can be relevant in personal injury lawsuits involving assaults. In addition, if an intoxicated person leaves an establishment and injures him- or herself, they may be entitled to sue the bar owner under dram shop law.

Proving a Dram Shop Claim

These elements are vital to bringing a successful dram shop claim, including:

- Demonstrating that the establishment served alcohol to someone who was visibly intoxicated. This may be based on signs of intoxication such as staggering, slurred speech, crude behavior, and drinking fast. A personal injury lawyer may use the testimony of employees and other witnesses to prove visible intoxication.

- Showing that the establishment’s or social host’s choice to serve a visibly intoxicated person directly led to injury, damage, or death.

A guilty plea or conviction, or a high blood alcohol content, in a DUI case may be used as evidence to prove intoxication in a dram shop claim.

Recovering Compensation in a Dram Shop Claim

If you were injured or lost a loved one in a DUI crash and believe that an establishment also may be liable, a car accident attorney can assess your case and determine whether you have a viable claim. They may be able to help you recover damages such as:

- Past and future medical bills

- Past and future lost income

- Loss of future earning capacity

- Pain and suffering

- Loss of companionship or consortium

- Loss of enjoyment of life

Holding establishments accountable for serving patrons who are visibly intoxicated sends a message that this type of behavior comes with serious consequences and is categorically unacceptable. Bringing a dram shop action against a bar or restaurant may make them think twice about over-serving their customers, and prevent others from being injured or killed in the future.

If you need help determining whether a bar owner or social host may be liable for damages, contact a top accident attorney here to learn more.

This blog was originally posted on https://www.pa4law.com/dui-accidents-are-bar-owners-liable-for-damages/

Read More