Car Accidents: Get the Facts
The following are some facts about road design and driver behavior from the Insurance Institute for Highway Safety:
- Roundabouts are safer alternatives to traffic signals and stop signs because drivers are forced to slow down while driving in a tight circle and are less likely to get into right-angle, left-turn and head-on collisions, which are the most severe types of intersection crashes;
- There were 9,000 fatalities caused by speeding in 2017, making up 26% of all crash fatalities that year;
- Roads with higher speed limits tend to have more crash fatalities. Higher speed limits cause drivers to go at much higher speeds that exceed the speed limit, resulting in more crashes;
- Traffic lights that have adequate and appropriate yellow times lead to lesser instances of red light running and fewer crashes.
Car crashes are one of the leading causes of injury and death worldwide. The experience of a car accident can be terrifying, and the injuries caused by a crash can be devastating, life-altering, catastrophic, and even fatal.
If you have been injured in a car crash, you should contact an injury lawyer as soon as possible, even before speaking to an insurance adjuster or insurance company. By speaking to a lawyer after a crash, you can ensure that you will be protected from private investigators and insurance adjusters who want to hurt your case. A lawyer will handle your case so that you can focus on your recovery by getting the right medical treatment and receiving the full money award or settlement that you deserve.
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Auto Accident Lawyers
Contact an automobile injury attorney if you suspect that the crash was caused by someone else's negligence, an auto defect such as an airbag or seatbelt failure, poor road conditions, or through little to no fault of your own. Do not disclose the facts of your car crash to an insurance adjuster before seeking legal help from a lawyer who can review your case.
The automobile injury lawyers at the Rothenberg Law Firm LLP have been handling car accident lawsuits for decades and can provide the advocacy you need to ensure your rights are respected every step of the way. There is absolutely no fee to contact our office. Your initial consultation with a car accident lawyer is always FREE and we never take money from you unless and until we are successful in getting money for you.
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10 Questions to Consider when Contacting a Car Accident Law Firm
Contents:
What Are Some of The First Things You Should Do After a Car Crash?
How Do I Know If I Have a Personal Injury Case after a Car Crash?
Should I Contact a Car Crash Lawyer before An Insurance Adjuster?
Can I Handle My Own Car Crash Personal Injury Claims? Do I Specifically Need a Car Accident Attorney?
How Much Will it Cost Me to File a Car-Crash Injury Claim?
Should I Accept the Insurance Company's Settlement After My Auto Accident Injury?
What Kind of Compensation Can I Get after A Car Crash?
What is a PIP Claim and How Does It Work?
How Long Do I Have to File a Car Accident Claim?
What Are Some of The First Things You Should Do After a Car Crash?
First, anyone who is suffering from an injury after a car accident should immediately call the police or 911 and tell them they need medical assistance. If you can, take pictures of the crash scene and the cars involved and keep them to yourself so that you can show a lawyer. Make sure everyone is safe and get all of the medical assistance you need. Then, seek the help of an auto-accident attorney before you even think of talking to an insurance adjuster or a private investigator hired by an insurance company.
Access The Rothenberg Law Firm's checklist of "What To Do After A Car Accident" or click on the infographic on the right to learn more.
How Do I Know If I Have a Personal Injury Case after a Car Crash?
If you were injured in a motor-vehicle crash, and the crash was caused by someone else's negligence, you may have a legal claim. Even if the events of a crash seem unclear to you or if you are uncertain as to who caused the crash, if you are injured, call an injury law firm for a free case evaluation to see if a car crash lawyer can help you.
Should I Contact a Car Crash Lawyer before An Insurance Adjuster?
Insurance adjusters are professionally trained to deceive you by having you say the wrong things in a recorded statement after a car crash, or having you sign a false statement. Remember, the adjuster's only goal is to pay you as little as possible to maximize their company's profits.
Our top personal injury lawyers at The Rothenberg Law Firm Accident and Injury Lawyers always offer a free consultation, so there is nothing to lose by explaining how you were injured and learning how the law applies in your specific situation.
Call us today for a free, no obligation consultation.
Can I Handle My Own Car Crash Personal Injury Claims? Do I Specifically Need a Car Accident Attorney?
It is understandable for individuals to want to settle matters quickly and move on as soon as possible after a car crash. As a result, many people are tempted to try to take care of all issues-including legal issues-without getting help from a car accident attorney with a focus on personal injury claims.
Before proceeding on your own, it is crucial to understand the pitfalls of trying to handle your case without legal representation.
You can be sure that those representing the negligent party-usually an insurance company-will be investigators, adjusters, and lawyers working to pay out as little as possible. Insurance companies and their attorneys will often calculate the value of your claim based on how aggressive they feel the injured party will fight for full compensation. When you retain a car accident lawyer to fight for you, you are essentially ensuring that you will not be taken advantage of by the other side.
You should seek the help of an injury attorney with vast experience handling car accident cases that can stand up to insurance companies. If the other side is not cooperating and your case requires litigation, the attorney must be prepared to take the case to trial for full and fair recovery.
If the opposing side sees that you are willing to go as far as necessary to ensure justice, they will often deal more reasonably right from the start. Obtaining experienced legal counsel with a focus on car accident claims will show the defending insurance company that you are serious about your case.
How Long Do I Have to File a Car Accident Claim?
The statute of limitations applies to every potential car accident lawsuit. Even if you hope to resolve your case through a negotiated settlement without the need for legal action, missing this deadline could prevent you from negotiating a settlement in your case-even if the facts are on your side.
The consequences of noncompliance with the statute of limitations are the same everywhere. If you wait too long to pursue your personal injury claim, you could miss out entirely on your chance for compensation. In addition, the law bars you from filing a lawsuit, which means the other side has no reason to negotiate a settlement in your case. While the time frame differs, the statute of limitations exists in every state in the country. To ensure that you protect your right to negotiate an insurance claim or pursue an injury lawsuit, let our firm advise you on the deadline that applies in your case.
The statute of limitations in Pennsylvania
In Pennsylvania, the statute of limitations typically expires after two years. This two-year window begins on the day of the accident. However, there are instances when you could have even less time to pursue a personal injury lawsuit following a car crash. If you intend to sue a government entity in your case, you are required to provide written notice within six months following the collision.
The statute of limitations in New York
The statute of limitations in New York is not the same as Pennsylvania. In New York, you have three years from the date of the accident to file a lawsuit. However, other factors must be considered when filing a claim. You have only 90 days to put a municipality on notice of your accident. And you have 30 days to put your own insurance on notice of a no-fault insurance claim so your medical bills will be paid. For property damage lawsuits, you have three years to pursue legal action.
The statute of limitations in New Jersey
New Jersey, like Pennsylvania, gives you two years from the date of a motor vehicle accident to file a lawsuit. However, this state differs from many other jurisdictions regarding property damage claims. You have six years to seek compensation for damage to your vehicle following a collision.
How Much Will it Cost Me to File a Car-Crash Injury Claim?
The auto-accident attorneys at The Rothenberg Law Firm Accident and Injury Lawyers take personal injury claims on a contingency fee basis. This means that they will only get paid following a successful monetary recovery for you.
Should I Accept the Insurance Company's Settlement After My Auto Accident Injury?
Adjusters often come ready to make payments immediately to convince you to accept less than what you actually deserve. Typically, insurance agents' settlement offers are less than 5% of the value of your car accident case!
For this reason, an insurance adjuster will contact you immediately after your car accident and may even visit you in the hospital after an auto accident injury to get information from you.
There is no reason to rush into accepting a settlement offer from an insurance company without first seeking the help of a personal injury lawyer. A lawyer can help you through your case to get you the highest compensation you deserve. Your lawyer will make sure that you never sign away your legal rights without being fully informed of the consequences.
Do not deal with the insurance company alone. Seek help from experiences and successful personal injury lawyers. For more information, click here.
What Kind of Compensation Can I Get after A Car Crash?
The law allows recovery for a wide range of situations. A lawyer can help you get money for past medical bills, future medical bills, rehabilitation costs, therapy, lost wages, future lost income, and often most importantly, pain and suffering. Pain and suffering after a crash can include the loss of enjoyment of your life and the mental anxiety of dealing with pain, trauma, and/or a disability caused by a crash.
A car crash attorney may also help you obtain compensation for your family members who were adversely affected by the crash. Harm to spouses or children can often be recovered separately from the damages awarded to the injured individual. Your car accident attorney will explain whether damage awards to your spouse or children applies in your case.
What Is a PIP Claim and How Does It Work?
If you live in Delaware, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon, Pennsylvania, Texas, or Utah, you may be eligible to make a personal injury protection (PIP) claim following a car accident. PIP coverage and claims have to do with "no fault" car insurance, which means that your own insurer will pay a portion (or all of) of your medical bills and lost earnings if you get into an accident, regardless of who was at fault.
No fault car insurance is typically enacted by states as a way to streamline accident insurance claims. Every state's law is different; some limit the amount of compensation that your insurance company is allowed to pay you, and some do not. Once your medical bills exceed your state's no fault limit, it becomes your responsibility to pay the remaining balance. Understanding how PIP insurance can work for you after an accident can be confusing, and you should contact an attorney to help you navigate the process.
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Common Auto Accident Causes and Injuries
What Are Some of the Main Causes of Car Crashes?
Car accidents can be caused by a number of factors. These can include driver negligence, reckless or intentional misconduct, and defective car parts such as airbags, seat belts, and lack of crashworthiness. Some of the most common causes are:
- Negligence
Driver Negligence is perhaps the number one cause of auto accidents. Negligence generally means that the driver who caused the accident did not exercise reasonable care under the circumstances on the road. The driver's actions are compared to what a reasonable person would do under similar circumstances.
Examples of negligent driving include speeding, distracted driving (talking on a cell phone, texting, smoking, eating), carelessly ignoring traffic signals, or not taking conditions like rain or snow into account. There are many areas in which negligence can occur, but the common thread is that negligence is a failure to act reasonably under the circumstances.
- Impaired Driving: Drugs, Alcohol and Fatigue
Drowsy driving and driving under the influence of drugs or alcohol are all impairments that heighten a person's likelihood of getting into an auto accident. Of course, no one should drive if they feel they are impaired by medication or the use of recreational drugs.
In most states, auto accident injuries caused by drunk drivers could result in liability for the business or host who supplied the alcohol and allowed the patron to drive in an impaired condition. The rules related to these issues are often referred to as "dram shop" laws, and they are currently implemented in 38 states
Finally, a person should not be driving if they are feeling overly tired or did not get enough sleep. Lack of sleep can have the same effects on a person as being drunk, and. symptoms of drowsy driving include:
- Trouble keeping focus on the road,
- Performing careless or thoughtless driving behaviors
- Drifting in and out of lanes, and
- Falling asleep behind the wheel.
For commercial drivers and truck drivers, it is federally mandated that workers take sufficient breaks between shifts to get enough sleep.
- Recklessness or Intentional Misconduct
Intentional misconduct, on the other hand, is an act committed when the person knew that doing so could cause harm and did not care, or actively desired to harm others. Someone who drives drunk or impaired, or at a high rate of speed, cutting in and out of traffic, is intentionally putting himself and others at risk.
Under strict liability, a manufacturer of a product can be held liable for damages caused by its products if the product is shown to be defective. Defective car products can lead to dangers on the road for the driver and other drivers around them. Dangerous car products that can cause accidents include faulty tires, airbags, seatbelts, seatbacks, blinding headlights, and other products that affect the driver and occupants.
In addition, road conditions may cause a crash. Be sure to advise the responding police officers if there were dangerous road conditions at the time of the crash.
For more information about the causes of car accidents, read our list of common car accident questions here.
If you or a loved one has been injured in a car accident call us today for a free consultation.
Get the Facts About Drowsy Driving and Auto Accident Injuries
What do you need to know about drowsy driving and the risks of getting behind the wheel when you are too fatigued to focus? A fact sheet from the U.S. Centers for Disease Control and Prevention (CDC) provides the following statistics about sleep deprivation and auto accident injuries that result:
- About one out of every 25 drivers admits to falling asleep behind the wheel in the last month;
- In 2013, drowsy driving accounted for approximately 72,000 crashes, 44,000 injuries after a car accident, and about 800 deaths (but these figures likely are low estimates given the difficulty in properly assessing or tracking drowsy driving accidents); and
- Drivers who are more likely to drive while drowsy include those who regularly do not get enough sleep, commercial truck or bus drivers, shift workers, drivers with untreated sleep apnea or other sleep disorders, and drivers who use medication that can make them drowsy.
What are some of the most common signs of drowsy driving? The CDC cites the following:
- Frequent yawning or blinking;
- Difficulty remembering the recent miles you drove;
- Missing an exit;
- Lane drifting; and/or
- Driving onto a rumble strip.
Were you injured in an accident caused by a drowsy driver? A car accident lawyer can help you determine your rights to financial compensation and if you have the grounds for a car accident lawsuit.
What Are Some of the Most Common Car Accident Injuries?
When you are involved in an auto accident, it is extremely important to be evaluated by medical personnel to ensure you are injury-free as internal damage may not be apparent immediately following the incident. It could take days for symptoms to begin to show, if they even show at all. There is no limit to what type of physical injuries may be sustained from a car crash, but some of the most common include:
- Soft tissue injuries including damage to tendons, ligaments, or muscles.
- Scrapes and cuts
- Neck and back injuries
- Head and brain injuries including concussions, traumatic brain injuries, or internal bleeding
- Burns
- Broken bones
- Spinal injuries
It is important to see a health care provider as soon as you begin to experience symptoms so you can be sure to make a claim and get your medical costs paid. Regardless of your insurance coverage, if you didn't immediately seek medical attention, insurance companies can and will dispute your claim.
If you have been in a car accident and think you have sustained an injury, contact us as soon as possible so we can provide a free case evaluation and help you determine how much you may be owed.
Human Error and Car Accidents
When a car accident happens, who or what is typically to blame? According to a recent report from The National Highway Traffic Safety Administration (NHTSA), the vast majority of traffic collisions are caused by human error. The report emphasizes that human error accounts for over 90% of accidents.
An additional report in Alertdriving.com suggests that "90% of . . . road accidents are related to bad driving behavior," citing some of the following:
- Reckless driving;
- Speeding;
- Driving under the influence of alcohol;
- Failing to signal before changing lanes;
- Running red lights; and/or
- Driving on the hard shoulder of the road.
The article underscores that our current decade has been named by the United Nations as "the Decade of Action for Road Safety," encouraging new global responses to preventable auto accident fatalities.
Car Accident Prevention Tips
How can we help to lower the number of car crashes caused by human error?
According to the U.S. General Services Administration, one of the best ways to prevent auto accidents is to ensure that you are focused when you are behind the wheel. In other words, do not engage in distracted driving, which can take any of the following forms:
- Manual distraction (where your hands are off the wheel);
- Visual distraction (where your eyes are not on the road); and
- Cognitive distraction (where your mind is focused on something other than driving).
NHTSA also recommends the following to ensure that your vehicle is safe for driving:
- Purchase a vehicle that gets 5-star crash test ratings;
- Stay up-to-date on automobile defects and recalls (and heed recall notices); and
- Learn more about new automotive safety technology to keep yourself and your family safe.
If you were injured in a car accident, contact an experienced car accident lawyer to discuss your right to financial compensation.
Call us today for a free, no obligation consultation.
Finding the Right Car Accident Attorney
The Rothenberg Law Firm Accident and Injury Lawyers has been handling car accident lawsuits for over 50 years. We have the experience and the dedication you need. The firm can be reached at 1-888-387-1247 or you can fill out a free online case evaluation form. Timing is important because statutes of limitation affect how long you have to file a claim. The initial consultation is always FREE. If we pursue your case, there is no legal fee unless we are successful in getting you money.
Our Process
When a car accident victim contacts us about a crash, we recognize that each case is unique and requires extensive care. How do our accident injury lawyers deliver the results to which our clients are entitled? We do it the Rothenberg Way.
1. Take Aggressive, Prompt Action.
Though this may be your first experience with a car accident case, we have dealt with thousands and have the experience to fight for your rights. We are committed to being prompt as time is essential in maximizing your compensation and recovery. Typically, we contact clients as soon as possible after they come to us for a consultation and schedule an intake interview. Though the police report can be useful, it may be incomplete and not give an accurate picture of the incident. So we work to quickly get to the scene of the accident with any necessary experts. This ensures that the accident scene is preserved and witness accounts of the incident are as accurate as possible. We then use this to reconstruct the facts of each case to develop the narrative for the trial, ultimately driving it towards a verdict or resolution for the accident claim.
2. Master the Law.
We want to serve our clients in the best way possible, so we make it a priority to know the law of the jurisdiction as it applies to liability, admissible evidence, and recoverable damages.
3. Master the Science.
Despite the fact that the science and medicine behind injuries is constantly evolving, we are dedicated to being "on top" of how the injury happened and how it can be remedied. Mastering the science is critical in our process, and can benefit both us and the client throughout the claims process.
4. Invest in the Case.
When the right experts are involved, the probability of us winning a case rises exponentially. We work with doctors and other experts that are just as competent as the defense experts for billion dollar insurance companies. We also work with investigators who are former FBI agents, police officers and other experienced professionals. Our trial strategy includes the use of the highest quality experts in the respective fields.
5. Prepare the Client.
We want to ensure that you feel prepared for a deposition, so we walk you through every portion of the process from the look of the courtroom to what questions may be asked. When we finish our preparation, our clients leave confident that they are prepared for what would otherwise be an intimidating situation.