Philadelphia Car Accident Lawyer
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Car accidents are a serious public health concern, ranking at the top when it comes to unintentional fatalities and injuries in the US. Statistics from the Pennsylvania Department of Transportation (Penn DOT) reveal that there are more than 125,200 total motor vehicle accidents reported every year in the state. More than 1,000 people die and another 76,200 victims are hurt in these collisions, which carry devastating consequences for entire families. Beyond the physical pain, individuals suffer financial and emotional losses that affect their quality of life.
If you were hurt or lost a loved one in a car accident, you might have legal remedies under state law. Victims may be entitled to recover monetary damages from the at-fault driver, but the process can be complicated at a time when you are trying to heal. As such, trust our team at Quinn Law Group, LLC to enforce your rights and obtain fair compensation for your losses. Please contact us to set up a free consultation with an experienced Philadelphia car accident attorney. Some background information about the relevant laws is also useful. Consultations are free and fully confidential. Navigating a car accident lawsuit can be complex, so having skilled legal representation is crucial.
What to Do After a Car Accident in Philadelphia
Following a serious car accident in Philadelphia, it is normal to feel confused, stressed out, and overwhelmed by the process. By taking a few simple steps, you can put yourself in the best position to protect your health, well-being, and financial interests. Here are five key things that you need to do after a car accident in Southeastern Pennsylvania:
- Stop Your Car and Exchange Information: If you’re involved in a car accident, you’re required by law to stop your car and exchange information with the other driver. This includes your name, contact information, and insurance information.
- Seek All Necessary Medical Attention: Emergency medical needs always come first. Though, even if you do not believe that you were seriously hurt in the car wreck, it remains important to see a doctor as soon as possible after a car accident.
- Report the Accident to the Police: An injury crash should always be reported to state or local law enforcement. The police will create an official accident report, which can be useful when filing insurance claims or taking legal action.
- Document the Crash (And Your Damages): After the accident, try to collect as much evidence as possible. This can include photos of the scene, the vehicles involved, contact details for witnesses, as well other documentation of your damages.
- Consult With a Philadelphia Car Accident Attorney: You cannot trust an insurance company to protect your best interests. Our experienced car accident attorneys will protect your rights and help you seek maximum compensation.
Auto Accidents Can Lead to Serious Car Accident Injuries: You Need Immediate Medical Care
Philadelphia car accidents can lead to serious injuries, including head injuries, broken bones, internal injuries, and more. You may be far more seriously injured than you initially realize. It is crucial to seek medical attention as soon as possible after a car accident, even if you do not think you’re seriously injured. The adrenaline rush caused by a car accident can mask the pain.
Not only is waiting to get medical treatment bad for your health and well-being but delaying medical care can make your car accident injuries worse and can also impact your ability to recover compensation for your damages. You will not be able to recover personal injury compensation for a car accident claim unless you have medical records. Be sure to see a doctor as soon as possible after a car accident. Some of the most common auto accident injuries reported in motor vehicle crashes in Philadelphia include:
- Cuts/lacerations
- Sprains and strains
- Torn ligaments
- Soft tissue damage
- Neck strains, including whiplash
- Fractured or broken bones
- Facial injuries, including broken teeth
- Traumatic brain injuries (TBIs)
- Psychological harm
- Internal organ damage
- Internal bleeding
- Loss of limb (amputations)
- Spinal cord trauma
An Overview of Pennsylvania’s Auto Accident Liability Laws
Were you hurt in a car crash in Philadelphia or any of the surrounding counties? It is imperative that you have all of the knowledge and resources that you need to protect your rights and effectively navigate the claims process. Motor vehicle accident claims are handled under state law. Here are some of the most important things to know about car accident cases in Pennsylvania:
- A Car Accident that Results in Physical Injuries Should Be Reported: If any person was injured in a motor vehicle accident, that collision must be reported. Not only is it your duty, but it is in your best interest to make sure that your car crash is reported in a prompt manner. Call the Philadelphia Police Department, the Pennsylvania State Police, or another local law enforcement agency.
- Pennsylvania has a Partial No-Fault Insurance Law (Opt-Out): Pennsylvania has one of the most unique car accident insurance systems in the country. The Commonwealth is a no-fault insurance state that allows motorists to opt-out. For drivers who do have no-fault coverage, their initial car accident injury claim is through their own insurance company. It is called a Personal Injury Protection (PIP) claim. That being said, all drivers, passengers, and pedestrians in Pennsylvania can file an at-fault personal injury lawsuit if they were seriously injured in a car crash. Establishing a Philadelphia car accident claim involves gathering adequate evidence to prove negligence, which can significantly influence the compensation amounts, especially when considering full tort and limited tort insurance options.
- A Comparative Fault System of Liability for Crashes: Under Commonwealth law (), car accidents—and other negligence-based personal injury claims—are subject to comparative fault. You can still recover compensation even if you are partially to blame for your own car accident in Philadelphia. However, in this type of scenario, your settlement or verdict will be reduced by your degree of fault. Every percentage point of blame matters. If you are found at fault for 35 percent of a crash, your recovery will be 35 percent lower.
- Strict Statute of Limitations (Two Years): In Pennsylvania, car accident injury lawsuits are subject to a two-year statute of limitations. What does that mean in practical terms? You must file your claim within two years of the date of the crash—otherwise, you may be unable to pursue compensation at all. Speak to a top-rated Philadelphia car accident attorney right away after a serious collision.
A Note on New Jersey Car Accidents: Car accident injury cases are governed by the law where the crash actually happened—not where their drivers are from. In other words, if you are involved in a traffic collision in New Jersey, your case will be handled under New Jersey law instead of under Pennsylvania law. While there are similarities, there are also important differences between Pennsylvania’s car accident laws and New Jersey’s car accident laws. The Philadelphia auto accident attorneys at the Quinn Law Group, LLC have the knowledge and experience to handle motor vehicle injury claims throughout Southern New Jersey.
Every Car Accident in Philadelphia Should be Thoroughly Investigated
The immediate aftermath of an automobile accident can be outright chaos. At the same time, a proactive, thorough investigation is a must. Your car crash should always be investigated by experienced Philadelphia car accident attorneys. You cannot rely on law enforcement, insurers, or any other party for a proper investigation. You need a top-tier attorney on your side as soon as possible after a bad traffic collision. At Quinn Law Group, LLC, we are always ready to hit the ground running. Our firm will investigate your crash in Philadelphia right away.
Know the Most Common Causes of Car Accidents
Traffic collisions occur because of carelessness, but the legal term for liability purposes is negligence. You must prove that the accident happened because the at-fault motorist did not exercise reasonable care behind the wheel, and this misconduct was the direct cause of the crash. Some examples of driver negligence include:
- Speeding: Speeding is dangerous. All motorists should obey the speed limit at all times. Speeding reduces the driver’s reaction time to unexpected obstacles or conditions on the road, making it harder to stop or maneuver safely. Beyond that, the severity of collisions escalates with higher speeds. Speed-related crashes can cause terrible injuries.
- Failure to Yield: Failure to yield involves not giving the right of way to vehicles or pedestrians where required by law, leading to dangerous interactions at intersections, pedestrian crossings, and when merging onto highways. It is a form of negligence that can cause collisions—especially side-impact or head-on crashes.
- Running Red Lights/Stop Signs: Intersections are high-risk locations for car crashes. Many intersection collisions in Philadelphia happen because a driver runs a red light or runs a stop sign. Notably, these violations can cause t-bone collisions. Hurt in a red light or stop sign accident? Contact a Philadelphia auto accident attorney right away.
- Making Unsafe Lane Changes: Unsafe lane changes include changing lanes without signaling, at high speeds, or cutting off other vehicles too closely, creating a risk for multi-vehicle collisions. The maneuver can cause confusion and panic among other drivers, leading to swerving, sudden stops, or secondary accidents.
- Tailgating (Following Too Closely): Tailgating is the act of driving too closely behind another vehicle. It does not allow for a safe stopping distance if the leading vehicle suddenly brakes. Tailgating is an aggressive driving behavior that significantly increases the chance of rear-end collisions. Rear-end crashes are the most common type of multi-vehicle wreck.
- Distracted Driving: Unfortunately, distracted driving is on the rise in Southeastern Pennsylvania. Distracted and otherwise inattentive driving can put innocent people at serious risk. Some common examples include texting while driving and talking on the phone while driving. All distracted driving crashes require a comprehensive investigation.
- Drunk Driving: Driving under the influence of alcohol or drugs impairs cognitive functions, reaction times, and motor skills. It is extremely dangerous. More than 40 percent of deadly car accidents in Pennsylvania are related to drunk driving and/or drugged driving. An impaired driver must be held accountable.
Vehicle Manufacturers may be Liable For A Crash Caused by an Auto Defect
Although the majority of motor vehicle collisions in Philadelphia happen because of driver negligence, they can occur because of other reasons as well. For example, vehicle manufacturer defects may contribute to a crash. In Pennsylvania, these accidents fall under product liability laws. Here are key points to be aware of regarding these claims:
- Strict Liability Applies: In Pennsylvania, vehicle manufacturers can be held strictly liable for accidents caused by defects in their vehicles. Put another way, injured victims do not need to prove negligence to establish liability. Instead, they only need to establish that a dangerous defect existed and caused the accident or made it worse.
- Defects Can Take a Wide Range of Firms: Defects can range from faulty brakes, airbag issues, steering problems, to malfunctioning accelerators. Any component of the vehicle that fails to perform as safely as an average consumer would expect can lead to manufacturer liability. You should be able to trust that your vehicle is reasonably safe for your family.
- Evidence is Crucial: Victims must present concrete evidence that the defect caused the accident. Notably, product liability claims often involve expert testimony, accident reconstruction, and analysis of the vehicle’s performance. Product liability claims are highly technical. A Philadelphia car crash attorney can connect you with the right experts.
- Recalls and Known Issues: If the manufacturer had previously issued a recall for the defect or was aware of the defect and did not take appropriate action, this information could significantly strengthen the victim’s case. That being said, injured victims may have a claim against a manufacturer regardless of whether or not there has been a product safety recall.
Seeking Compensation for Auto Crash Losses
By proving the essential elements of a negligence case, you may be entitled to financial damages for your medical costs and lost wages. You might also qualify for noneconomic damages for the losses that affect your quality of life. Unfortunately, the big insurance companies that are responsible for handling most car accident injury claims are not eager to pay out full settlements to injured victims. It is the goal of the insurance company to resolve your case for less. Our Philadelphia car accident lawyer fights tirelessly to help injured victims maximize their recovery. An experienced personal injury attorney can provide tailored legal representation to ensure your rights are protected and help you pursue maximum compensation for:
- Automobile repairs or vehicle replacement.
- Ambulance costs and emergency room care.
- Hospital bills and other medical expenses.
- Lost wages and loss of earning potential.
- Pain and suffering & emotional distress.
- Physical disability or disfigurement.
Challenges with Car Accident Cases
One aspect of vehicle collision laws that could create hurdles in your claim is timing: Pennsylvania has a statute of limitations for these cases. You have two years to initiate litigation in court, measured from the date of the crash. If you do not file a lawsuit before the statute expires, you are forever barred from obtaining monetary damages. Additional challenges include:
Pennsylvania applies the law of comparative fault in car accident claims, which focuses on any misconduct by the victim. If you breached the legal duty of care, your compensation will be reduced by the percentage of fault assigned to you.
In an auto collision claim, you will initially be dealing with the insurance company that provides coverage for the at-fault motorist. Insurers are for-profit businesses, so their priority is protecting their own fiscal interests. Even when your rights seem clear, you might get a denial or lowball offer to settle. The insurance company will always try to pin the blame on you whenever possible, based on the comparative fault law mentioned above.
Five Tips for Dealing With an Insurance Adjuster After a Car Crash in Philadelphia, PA
For the most part, car accident insurance claims are handled by insurance companies. These insurance companies are for-profit businesses—often large national corporations—that are focused on protecting their own bottom line. Sadly, you cannot rely on any insurance carrier—even your own no-fault insurer—to look out for what is best for you and your family. Here are five tips that you can use to do with insurance adjusters after a motor vehicle collision in Philadelphia:
- Avoid Giving a Recorded Statement: After a car crash, insurance adjusters may rush to get a recorded statement from you. It is essential to resist this pressure. You have the right to take your time to take a breath and recover from your injuries. Providing a recorded statement without legal advice can inadvertently harm your claim. Indeed, insurance adjusters are skilled at extracting information that could undermine your case. Politely decline and state you will discuss the matter further upon consulting with an experienced Philadelphia, PA auto accident lawyer.
- Never Admit to Liability: Even though Pennsylvania is a partial no-fault state, fault still makes a big difference in the auto insurance claims process. Following a collision, emotions can run high. In many cases, it is natural to want to apologize or accept some degree of fault—even if you are not to blame. With that being said, admitting liability can significantly impact your ability to secure compensation. Always remain neutral and factual when discussing the incident. Let your attorney deal with issues of fault.
- Beware of Signing a Release for Medical Records: Insurance companies often ask you to sign a release for your medical records under the guise of verifying your injuries. However, this release can give them access to your entire medical history—not just records related to the crash. They may use unrelated medical issues to argue against your current injury claims. It is crucial to limit the release to records specifically relevant to the accident. Our car accident lawyers can help you navigate issues related to medical records.
- Be Patient in Settlement Negotiations: The process of settling a claim can be lengthy and frustrating. Insurance companies may employ tactics to delay the process. It is their hope that an injured victim will accept a lower settlement out of frustration, desperation, or an immediate financial need. As tempting as it can be to settle, patience is your ally. Avoid accepting the first offer without confirming that it is the absolute best offer and that it covers the full extent of your damages.
- Work With Experienced Car Accident Attorneys: The single best tip for dealing with insurance adjusters is to hire top-rated Philadelphia car accident lawyers. Dealing directly with insurance companies can be overwhelming—and may not yield the best outcome for you. Hiring a Philadelphia car crash attorney can significantly level the playing field. Car accident lawyers understand the tactics used by insurance companies and can advocate for your best interests. They can handle all communications, negotiate settlements, and if necessary, represent you in court. The right lawyer can make the difference.
How an Experienced Car Accident Attorney Can Help
While filing a claim with the driver’s insurer responsible is the first step in the legal process, you will need to take your case to court if the company refuses to pay fair monetary damages. The Quinn Law Group, LLC will be at your side throughout settlement negotiations and litigation. We are proactive and results-focused. You can rely on a Philadelphia car accident lawyer for all essential tasks, including:
- Conducting a thorough investigation into fault and contributing factors.
- Collecting evidence to support your claim.
- Reviewing your medical records.
- Working with experts, including medical experts, accident reconstruction specialists, and economists.
- Preparing all claims forms and submitting them with supporting documents to the insurance company.
- Discussing settlement with the insurer to resolve your claim by out-of-court agreement.
- Filing a lawsuit.
- Representing you in court and managing litigation, including motions, appearances, written discovery, depositions, and a trial on the merits.
Why Hire Quinn Law Group, LLC
Sean Quinn is a lawyer and the founder of Quinn Law Group, LLC. He also defends justice. His enterprise is a testament to tenacity rather than pretension; it was established in my blue-collar roots in New Jersey. Sean Quinn isn’t your typical attorney. Instead, He is battling for the justice that is rightfully yours. Let’s cut through the legalese and get to the heart of your case. Since this is also your struggle, Sean Quinn will fight alongside you for justice and the compensation you are due. Here is what sets our Philadelphia car accident lawyer apart:
- Extensive Experience: Insurance companies are staffed by experienced professionals. You need Philadelphia car accident lawyers who have been there before. We bring decades of experience to the table—with a deep understanding of Pennsylvania’s traffic laws and the Commonwealth’s personal injury claims process. Our extensive legal background ensures adept handling of complex cases—from single car wrecks to pedestrian collisions to DUI crashes to highway pile-up wrecks.
- Personalized Support: We believe every car accident case is unique, which is why our Philadelphia car accident lawyers provide personalized support tailored to each client’s specific circumstances. From the initial consultation to the resolution of the case, our team is dedicated to being accessible and communicative, ensuring you feel understood and valued. We take the time to thoroughly understand your situation and goals, which helps us craft a more effective and responsive legal strategy. Our commitment to personal attention can make a difference.
- Aggressive Advocacy: Sean Quinn is a fighter. With blue-collar roots and a passion for justice, he practices aggressive advocacy in personal injury claims, including motor vehicle accident cases. We protect the rights and interests of our clients at every turn. Whether negotiating with insurance companies or arguing in court, we fight tirelessly to ensure the best possible outcomes. Insurance companies are ready to fight to protect their bottom line. You need a Philadelphia personal injury law firm that will protect your best interests.
- Professional Recognition: Sean Quinn is a highly respected personal injury lawyer. Attorney Quinn has a national reputation for excellence. He has been recognized by Super Lawyers Magazine, the National Trial Lawyers Association, and Avvo. Attorney Quinn frequently consults on complex accident and injury claims, including catastrophic auto accident cases. He is a member of the Pennsylvania Association for Justice (PAJ), the Philadelphia Bar Association, and the Philadelphia Trial Lawyers Association (PTLA).
- Priority on Results: After an accident, you need compensation to pay bills and provide for your family. Results matter. Our focus is always on achieving the best possible outcome for our car accident victims. We measure our success by how well we recover the maximum compensation our clients deserve to cover medical bills, lost wages, and pain and suffering. Our Philadelphia car accident lawyers have recovered millions in compensation for victims.
Navigating the aftermath of a motor vehicle collision is never easy. Every car accident injury claim is different. You need an experienced car accident attorney who will invest time, resources, and attention to the smallest of details in your case. Following a bad crash in Southeastern Pennsylvania, you can rely on our Philadelphia car accident lawyers for truly personalized legal guidance and support. Initial consultations with our personal injury law firm are always free of charge.
Additional FAQs for Philadelphia Car Accident Attorney Page
Is Pennsylvania a No-Fault Car Accident State?
Pennsylvania has a unique “choice” no-fault system. Motorists may purchase personal injury protection (PIP) coverage. Your PIP coverage is no-fault insurance that covers initial medical costs and lost wages—no matter who caused the accident. However, drivers in Philadelphia have the right to opt out of the no-fault system and obtain traditional tort-based coverage. Further, all motorists can bring a fault-based personal injury claim after a serious accident
Can I Sue for Pain and Suffering After a Car Accident in Philadelphia?
Pain and suffering is a non-economic damage. Whether you can sue for it after a crash in Pennsylvania depends on the situation. You can sue for pain and suffering after a car accident in Philadelphia if one of the following two circumstances applies to your case:
- Do you have traditional insurance (tord-based coverage); or
- Your injuries meet certain conditions outlined as serious injuries under state law.
Serious injuries typically include significant disfigurement, substantial impairment of body function, or permanent injuries. If you have no-fault insurance, your ability to sue may be limited unless your injuries qualify as serious.
Will I Be Barred from Compensation If I am Partially at Fault for a Crash in Philadelphia?
No, not necessarily. To start, you may have a no-fault claim through your own PIP insurer. Beyond that, you may still have a fault-based claim if you are liable for 50 percent (or less) of your crash. Pennsylvania’s comparative negligence rule applies to these cases. Here is an example: Imagine that you are found 25 percent liable for an intersection collision in Philadelphia. You would be legally liable for 25 percent of your own damages. You could still recover for the remaining 75 percent.
What Happens If You Get Into a Car Crash in Another State?
If you are involved in a car accident in another state, the laws of the state where the accident occurred will generally apply. Put another way, the insurance and liability rules of that state will determine how damages are covered and what legal action you can pursue. For example, if you are involved in a car crash across the border in New Jersey, it is New Jersey law that will govern your case—even if you are a resident of Philadelphia and your vehicle is registered in Pennsylvania.
Is There a Cap On Car Accident Injury Compensation in Pennsylvania?
Pennsylvania does not impose a cap on compensatory damages for injuries sustained in car accidents. You can pursue full compensation for your economic damages, which includes medical expenses and lost wages. Along the same lines, you can pursue full compensation for your non-economic damages, such as pain and suffering. With that being said, punitive damages, which are awarded in cases of egregious wrongdoing, are capped at twice the amount of actual damages. To be clear, punitive damages are not guaranteed in any specific case in Pennsylvania. However, they may be awarded when deemed appropriate, such as after a serious DUI crash.
Who Can Be Held Liable for a Drunk Driving Crash in Philadelphia?
In Philadelphia, drunk driver is primarily held liable for any crash they cause while under the influence of alcohol. Drunk driving is a crime. It is also negligence. With that being said, liability can also extend to other parties under Pennsylvania’s dram shop laws. These laws hold bars, restaurants, or other licensed commercial establishments serving alcohol accountable if they serve a visibly intoxicated person or someone under the legal drinking age. Beyond that, if the drunk driver was operating a vehicle owned by another person or company, that vehicle owner may also bear some share of liability for the incident.
We Represent Car Crash Victims in Philadelphia On a Contingency Fee Basis
How much does it cost to hire an experienced personal injury attorney after a car accident? With Quinn Law Group, LLC, you never need to worry about hourly bills or other out-of-pocket fees. We take on all car accident injury claims on a contingency fee basis. In other words, our law firm only gets paid when you can pay. Our interests are always fully aligned with your interests. Contact our Philadelphia car accident lawyer today for a free, no-obligation, and strictly private review and evaluation of your case.
Set Up a Free Consultation with a Philadelphia Car Accident Lawyer
You can rely on Quinn Law Group, LLC to handle these and all other important tasks, as our firm’s primary focus is personal injury cases. To learn more about how we can help, please call 215-360-3666 or visit us online to schedule a free consultation. After reviewing the details of your case, a Philadelphia car accident lawyer can advise you on the next steps. We represent car accident victims throughout Southeastern Pennsylvania, including in Philadelphia County, Chester County, Delaware County, Montgomery County, and Bucks County.
Testimonials
“Sean is a trial attorney who holds himself to the highest standards for every case and client he works for. I have experience working with hundreds of lawyers and Sean goes above and beyond normal expectations. Clients are lucky to have someone as dedicated and talented as Sean to represent them in court.”
CJ Ray
Trial Technologies