Philadelphia Car Accident Lawyer

Being in a car accident is one of the most frightening experiences a person can have. In addition to staggering medical bills, the victim is faced with pain and suffering, lost income, and in some cases, the prospect of never being able to work again. Insurance companies and lawyers defend the at-fault driver and other responsible parties, but who is looking out for you?

That’s where PhillyLaw comes in. Our experienced Philadelphia car accident injury lawyer represents victims with the compassion and professionalism they deserve while seeking the maximum amount of compensation for their losses. Find out why so many accident victims trust our guided counsel.

Why Choose PhillyLaw as Your Philadelphia Car Accident Lawyer?

We know that when it comes to selecting a car accident lawyer in Philadelphia, you have your pick of law firms. When you retain PhillyLaw to serve your legal needs, you have a trusted legal ally that is dedicated to:

Seeking Results

Our firm has consistently secured multi-million dollar settlements and verdicts in the past, but we are always fighting for the futures of all our clients. We explore all legal options and work tirelessly for the compensation you deserve.

Leveraging Our Experience

You hire a lawyer to handle your car accident because you want the legal knowledge it takes to present the best case. The Philadelphia car accident lawyers of PhillyLaw have over 75 years of combined experience, but we also understand the nuances of negotiation and how to value an accident case.

Thoroughly Investigating

When you hire us, we get started right away by investigating the facts and circumstances surrounding your accident. Not only does this allow us to gather the evidence we need, but it also helps us identify all parties who can potentially be held liable for your injuries.

Standing Up to Insurance Companies

Insurance companies will do whatever it takes to underpay or deny your claim altogether, and they have various tricks for doing so. We are not intimidated; to the contrary, we take a proactive approach to ensure our clients’ cases will not be undervalued. That’s why PhillyLaw has a reputation for tough but effective negotiation with insurers.

Preparing for Trial

Most car accident claims can be settled out of court, and we will pursue this route if possible. However, many insurance companies use bad-faith negotiation tactics or simply refuse to take mediation seriously. If a reasonable out-of-court settlement cannot be reached, we aren’t afraid to take your case in front of a jury.

Listening to You

Every car accident victim has the right to be heard, and that includes explaining how the car accident has affected their lives. We take the time to listen to our clients, understand their concerns, and determine how justice can be served in their case. Then, we develop and implement a personalized legal strategy.

Working on a Contingency Fee Basis

PhillyLaw operates on a contingency fee basis, which means you don’t pay us unless we win. This gives you the peace of mind of having committed legal advocacy regardless of cost. Count on us to provide the support you need during this challenging time.

What to Do Immediately After a Philadelphia Car Accident

The decisions you make right after being in a car crash will affect your legal rights and interests. PhillyLaw recommends that you take the following steps:

Check for Injuries and Call 911

Check yourself and others at the scene for injuries. Call 911 to report the accident, even if you believe you were unharmed. Reporting the accident will generate a police report, which will later be vital evidence in your case.

Exchange Information, But Limit Discussion

Exchange basic information with other drivers, such as names, contact information, driver’s license numbers, and insurance details. Otherwise, limit your discussion of the accident. Apologizing, admitting fault, or speculating about the causes of the accident can jeopardize your claim.

Document the Scene

Take photographs and record videos of the accident scene, vehicles, any visible injuries, and the surrounding area. Include in your images and videos such details as street signs, traffic signals, and road conditions. Note the date, time, and location.

Gather Witness Information

If there were any witnesses to your accident, ask for their names and contact information. Witness statements are invaluable tools in establishing fault and substantiating your version of how the accident happened.

Notify Your Insurance Company

Your insurance policy may require you to contact the company within a certain time period, so do so right away. Convey the basic facts, but as with your communications with other drivers, do not apologize, admit fault, or speculate. Also, do not provide a recorded statement to the insurer or sign any documents without first consulting a Philadelphia car accident attorney.

Seek Medical Attention Promptly

Even if you believe you were not injured or that your injuries are minor, you should let a medical professional make this determination. Some injuries do not reveal themselves until hours or days later. If you fail to seek treatment, you could harm your health and your claim for compensation.

Consult with an Experienced Philadelphia Car Accident Attorney

Don’t delay speaking with a seasoned car accident lawyer. Your attorney will help you gather evidence, review your legal rights, and work to ensure fair compensation for your losses. You can call PhillyLaw for a free consultation.

How Much Could Your Philadelphia Car Accident Claim Be Worth?

One of the most important services your lawyer will provide is calculating how much your Philadelphia car accident claim might be worth. While the value will vary from one case to another, our goal is to secure the maximum amount of compensation possible for our clients. Factors that affect the value of your claim include:

• The Severity of Your Injuries: More serious injuries equate to more medical treatments and long-term care, which translates to higher compensation.

• Life Circumstances: Whether you are employed, what your role is in the family, and your community involvement could affect the dollar value of your case.

• Your Age and Health: These factors affect both the recovery time and the potential for lost future earnings and benefits.

• Accident Details: How the accident occurred, how many parties were at fault, and whether the victim shares any blame are all relevant.

• Insurance Coverage: The availability and limits of insurance coverage will dictate settlement discussions and trial considerations.

• The Evidence: The evidence in your case, including how complex it is and how difficult it is to obtain, will also impact your claim’s value.

Potential Damages for Car Accident Victims

Depending on the unique facts of your case, all of the following damages may be available:

• Medical Expenses: These include current and future medical bills for ambulance care, hospitalization, surgery, prescription medications, adaptive medical equipment, physical therapy, rehabilitation, follow-up treatments, and more.

• Lost Wages: While you are recovering from your injuries, you will not be able to work, so you can ask for damages to cover the earnings you miss.

• Loss of Earning Capacity: If you are unable to return to work at the same productivity level as before the accident, you can seek compensation to cover lost future earnings and other benefits.

• Non-Economic Damages: These are more subjective and include intangible losses such as pain and suffering, emotional distress, disfigurement, embarrassment, humiliation, and diminished quality of life.

• Property Damage: Your vehicle and any personal items inside it that were damaged or destroyed are eligible for coverage.

• Loss of Consortium: This type of compensation is generally awarded when a car accident damages a spouse’s marital relationship or provision of familial services.

• Punitive Damages: In extreme cases of wrongdoing, punitive damages may be awarded to punish the at-fault party’s egregious conduct and deter future incidents of it.

Who Can Be Held Liable In Your Case?

Another important step in winning compensation is determining all parties who may have been responsible for the crash. A few examples include:

• Other drivers

• Passengers

• Pedestrians

• Motorcyclists

• Bicyclists

• Truck drivers

• Trucking companies

• Bus drivers

• Public transportation entities

• Governmental units

• Employers

• Construction crews

• Vehicle and parts manufacturers

• Repair shops and mechanics

• Bars or restaurants that serve too much alcohol to a drunk driver

There are many cases in which more than one party can be named as a defendant, which increases the likelihood of receiving a substantial settlement or verdict. We work hard to identify all at-fault parties and to hold them accountable.

Proving Negligence in a Philadelphia Car Accident Case

The victim of a car crash has the burden of establishing the following four elements to seek compensation:

• Duty of Care: All drivers owe everyone else using the state’s roads and highways a duty of care. This means driving safely and obeying traffic laws to prevent avoidable accidents.

• Breach of Duty: The plaintiff has to show that the defendant(s) breached the duty of care. A breach occurs as the result of a negligent act or failure to act, or an intentional action.

• Causation: Next, the plaintiff must connect the defendant’s breach of duty directly to the accident. Put simply, the victim has to prove that the accident would not have happened except for the defendant’s negligence.

• Damages: Finally, the victim must demonstrate the nature and value of their damages. This requires evidence like medical records, income statements, and records of property damage.

What if You Are Partially to Blame for the Accident?

Not all cases are black and white in terms of liability, with the at-fault party being 100% to blame for the accident. There are many cases in which the victim is partially at fault. This is where the doctrine of comparative negligence is relevant.

In Pennsylvania, a victim can recover damages as long as they were 50% or less at fault; conversely, if they were 51% or more at fault, they cannot recover anything regardless of how bad the accident was. But the victim’s damages will also be reduced by whatever fault percentage the court assigns them.

For example, suppose that the victim’s damages would otherwise total $100,000. However, the court determines that the victim was 25% to blame. This means the compensation will be reduced by 25%, or $25,000, netting $75,000 to the victim.

As you can imagine, this creates a strong incentive for the at-fault party’s lawyers and insurers to try to shift as much blame for the accident as possible to the victim. PhillyLaw will fight any attempt to shift liability for the accident to the victim by mustering the evidence and arguments needed to present a compelling case.

Is There a Deadline to File a Car Accident Claim in Philadelphia?

Car accident victims do not have an unlimited amount of time to file a lawsuit, due to a deadline known as the statute of limitations. Under this deadline, a victim generally has two years from the date of the accident to file a lawsuit. If the victim fails to do so, the court may dismiss it.

This doesn’t mean that the lawsuit needs to be resolved within that time period, just that it has to be filed before the two-year window expires. However, it is strongly advised that the victim take action long before the two-year statute of limitations runs. That’s because over time, evidence can be lost, witness memories can fade, and cases can weaken.

What Causes Car Accidents?

Since the victim bears the burden of proof in a car accident case, it helps to understand some of the most common reasons wrecks occur. Some examples include:

• Driving under the influence of alcohol or drugs: Everyone knows that drunk driving is against the law, but so too is driving under the influence of any drugs (even legal ones). If alcohol or a drug impairs a driver’s safe operation of the vehicle, they may be liable for a wreck.

• Distracted driving: Distracted driving is anything that takes a driver’s focus away from safe operation of the vehicle. A common culprit is texting while driving, and other examples include eating food, talking to passengers, and listening to the radio.

• Fatigued driving: Studies have shown that driving with insufficient sleep is akin to drunk driving in terms of decreased focus and delayed reaction times. Every driver has a duty to ensure they are well-rested before they get behind the wheel.

• Speeding: Speed remains one of the top causes of car accidents. But speeding doesn’t only include driving above the posted speed limit. It may also mean driving too fast for the conditions (e.g., during rain).

• Traffic violations: Violating traffic laws is a strong indication that a driver is negligent. A few examples include failure to yield, running a red light, and running a stop sign.

• Poor weather: Bad weather should prompt every driver to slow down and be more cautious. Unfortunately, this does not always happen. Rain, ice, snow, and fog are common conditions that lead to accidents.

• Road defects: Local and state governments, along with road construction crews, can potentially be sued for poor road design or construction. However, different standards and rules apply when suing the government, so let PhillyLaw handle your Philadelphia car accident lawsuit.

• Vehicle defects: Car manufacturers and the makers of the parts and components of vehicles can be held liable for negligent design or assembly of the vehicle. The same is generally true for repair shops and mechanics who do poor work.

The Most Common Types of Car Accidents in Philadelphia

There are, unfortunately, many different ways that negligent drivers can get into accidents. Our law firm has experience representing victims of the following types of wrecks, among others:

• Rear-end collisions: These typically result from tailgating or sudden stopping, and are among the most prevalent types of car accidents.

• Side-impact crashes: Also called T-bone accidents, these happen when the front of one vehicle strikes the side of another. They usually occur at intersections.

• Head-on collisions: Although it is not very common for two vehicles to strike each other in the front, these collisions happen. They tend to cause severe, sometimes fatal injuries.

• Pedestrian accidents: Pedestrians are common in busy urban areas like Philadelphia, but they have the right to use sidewalks and cross intersections without fear of negligent drivers.

• Bicycle accidents: Biking is also common in cities like Philadelphia. While bicyclists should wear helmets and other protection, they can still suffer significant and life-threatening injuries in a crash.

• Hit-and-run accidents: Leaving the scene of an accident without stopping to exchange information and meeting other obligations is illegal. If you were the victim of a hit-and-run accident, your insurance policy may cover your losses.

• Single-vehicle crashes: Some examples are hitting a utility pole, crashing into a tree, or skidding off the road because of driver error or bad weather. Although insurance companies nearly always blame the driver, there may be other liable parties (e.g., if the single-vehicle crash happened because another motorist ran the driver off the road).

What Types of Injuries Do Car Accident Victims Suffer?

While some car accident injuries are fairly minor, others can be life-threatening and lead to permanent disability. No matter how badly you believe you were (or were not) hurt, you should see a doctor right away to determine your physical condition. These are some of the most common injuries that car crash victims experience in Philadelphia:

• Whiplash

• Traumatic brain injury (TBI)

• Concussion (also called a mild TBI)

• Back, neck, and shoulder injuries

• Spinal cord injuries

• Lacerations

• Bruises

• Internal injury and bleeding

• Psychological trauma

• Seat belt and airbag deployment injuries

• Vision problems

• Tinnitus

• Death

How Auto Insurance Works in Pennsylvania

In Pennsylvania, when you’re involved in a car accident and have Personal Injury Protection (PIP) or a no-fault policy, you need to file a claim with your insurance, regardless of who is at fault. A limited-tort policy focuses on covering “economic” damages, such as medical expenses and a portion of lost wages (usually about 60% of the total).

The minimum a policy can offer is $5,000 for medical benefits. It does not cover “non-economic” damages like pain and suffering or loss of enjoyment of life unless you sustain a serious impairment of bodily function or permanent scarring or disfigurement. Limited tort does not apply if you are a pedestrian, if you are struck by an out-of-state vehicle, or if the other driver is driving under the influence.

Limited tort also does not apply if you are a driver or a passenger in a commercial vehicle, like Uber or Lyft.

Full-Tort Auto Insurance

Alternatively, a full-tort policy in Pennsylvania allows for a wider range of claims following an accident. Beyond the basics of medical expenses and lost wages, you can also seek compensation for pain and suffering, emotional distress, and more. The amount you can collect depends on the fault percentage of the other driver involved in the accident.

However, if you’re found to have a larger share of fault than the other driver, you won’t be able to file a lawsuit against them. Also, these fault-based rules apply only to personal injury claims, meaning you have full freedom to pursue property damage claims in court regardless of fault. Contact a Philadelphia car accident lawyer at PhillyLaw to help you understand and navigate Pennsylvania’s complex auto insurance laws.

Philadelphia County Car Crash Statistics

2023 had the fewest reported crashes in Philadelphia County in the last five years, with 8,549

Philadelphia County has the second highest share of accidents in Pennsylvania, with 7.7%, only trailing Allegheny County, which is first with 9.4%. The daily average for accidents in Philadelphia was 23.4 per day in 2023.

Philadelphia County held the highest population share in the state, with 12% of the 2023 total of 12,961,683 residents in the Commonwealth of Pennsylvania. Despite having a significantly higher population share, Philadelphia County had the second-highest share of reported traffic crashes with 7.7% in 2023, trailing Allegheny County, which had 9.4%.

While Philadelphia County had fewer crashes, those that did occur were significantly more at risk, as Philadelphia County ranked first for traffic-related fatalities at 11.2%, almost double Allegheny, which was 6.3%. This puts Philadelphia County as the most dangerous in the state for driver deaths in 2023.

Philadelphia Crashes Are on the Decline

Reported crashes in Philadelphia County have been on the decline for the last five years. These declines are much more significant in Philadelphia County than across the broader state of Pennsylvania. Annual reported crashes were 11,120 in 2019, 10,108 in 2020, 10,417 in 2021, 8,714 in 2022, and a five-year low of 8,549 in 2023.

Crashes have declined for the third consecutive year and have declined by over 23% when comparing 2023 vs. 2019.

Fatalities from Traffic Accidents in Philadelphia County

Despite fewer crashes, Philadelphia County recorded 135 traffic fatalities in 2023, up 48% from 2019. Philadelphia County was the deadliest in the state, accounting for 11.2% of all Pennsylvania traffic fatalities in 2023. The fatality rate in Philadelphia County has doubled since 2019, from 0.8% of crashes resulting in death to approximately 1.6% in recent years.

Despite the drastic drop in reported crashes since 2019 in Philadelphia County, data provided by the Pennsylvania Department of Transportation reflect a significant increase in deaths and a high share of fatalities in Philadelphia County, reflecting the increasing danger for residents and those driving in the region. Annual deaths from motor vehicle crashes were 91 in 2019, spiked to 166 in 2020, then down to 133 in 2021, 143 in 2022, and held higher levels with 135 in 2023. Traffic fatalities have held steady for three consecutive years and are up over a staggering +48% when comparing 2023 vs 2019.

The share of deaths from traffic accidents in Philadelphia County has been approximately 1.6% of reported crashes in the county for three of the last four years and has doubled vs pre-COVID levels in 2019, which were 0.8%. Additionally, Philadelphia County has been the deadliest in the state, with the share of total fatalities from traffic accidents above 10% of the Pennsylvania total for four consecutive years, reaching 11.2% in 2023.

Trust the Philadelphia Car Accident Lawyers at PhillyLaw to Fight for You

At PhillyLaw, we understand that your main objectives after being in a car accident are to get your life back to normal and to be compensated for your losses. We strive to accomplish these twin goals by putting our experience to work for you, regardless of the complexity or unique circumstances of your case.

Were you or a loved one injured in a car accident in Philadelphia or the surrounding area? If so, it’s time to explore your legal options and claim the compensation and justice that you need to move forward. Connect with us today to get started.