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Philadelphia Car Accident Lawyer

How Does a Philadelphia Car Accident Lawyer Prove Fault in Crashes?

Philadelphia Car Accident Lawyer

When you were injured in a car accident, you should speak with a car accident lawyer in Philadelphia, PA. State law allows victims who have been injured in vehicle accidents to pursue damages against the party who caused the accident. Under this law, the at-fault party can be held liable and be ordered to reimburse the victim for their medical expenses, loss of income, pain and suffering, permanent disability, scarring, disfigurement, emotional anguish, and more.

Some victims misunderstand how the law works, however. They assume that because they have injuries, they will automatically be successful in the filing of a claim or lawsuit. At Wieand Law Firm, LLC, we have extensive legal experience fighting for accident victims and know that insurance companies are notorious for denying victims the financial compensation they are entitled to. If you have been injured in a crash, contact our office for assistance.

Our car accident lawyers in Philadelphia know that the majority of crashes are anything but black and white. There are often factors that an insurance company will attempt to use in order to mitigate their client’s liability or try to twist facts to actually blame the victim for the crash. A skilled accident attorney will be able to determine what these factors may be and prepare a solid defense against them.

Proving Fault

The first step in any car accident claim is proving fault of the accident. In many cases, both parties will point fingers at the other, claiming it was the other driver’s fault for the crash.

Your car accident lawyer will conduct a thorough investigation to determine fault. He or she will determine if the other driver broke any traffic laws which resulted in the crash. This type of information can come from police reports from the crash – especially if the other driver was cited by law enforcement – as well as from any witnesses to the incident.

If it does not appear that traffic laws were broken, your lawyer may hire an accident reconstruction expert to determine who was at fault. Depending on the severity of the crash and the type of injuries that occur, this action may also be done by law enforcement. Police departments often do this to determine if criminal charges should be filed against anyone involved in the crash.

In some cases, both drivers may have been breaking a traffic rule. The Philadelphia lawyer will determine how much – if any – the victim’s breaking the rule caused the accident. For example, if the victim’s rear brake light was broken, but the accident was a head-on crash, then the broken brake light did not contribute to the crash.

However, if the brake light was broken and the crash was a rear-end collision, then it could be determined that the victim was partially to blame for the crash, depending on the other circumstances. In these cases, where the victim is partially at fault, then compensation will depend on whether or not the state the crash occurred in is a contributory negligence state (victims cannot collect any damages) or a comparative negligence state (the amount the victim is entitled to will be reduced by the percentage of the victim’s fault).

Contact a Philadelphia Car Accident Lawyer from Wieand Law Firm, LLC Today

If you have been injured in a car accident, Wieand Law Firm, LLC will aggressively advocate to get you the compensation you deserve. Call our office today to set up a free case evaluation with one of our car accident attorneys. We will discuss the details of your case and explain what legal options you may have to get the compensation you deserve.

Insight from a Philadelphia Car Accident Lawyer

Each year, almost 40,000 people are killed in car crashes in the United States. More than two million people are injured in auto collisions. These crashes range from minor fender benders to fatal crashes. As a Philadelphia car accident lawyer might tell you, the majority of these crashes are caused by the negligent action of one driver and according to Pennsylvania law, these drivers are responsible for the losses victims suffer their injuries.

If you have been injured in a crash, consider calling the legal team from Wieand Law Firm, LLC to find out how we can help get you the financial compensation you deserve for your losses.

If You Have Been in a Car Crash

There are certain steps you should consider taking if you have been in a car crash. Some of these steps are not only required by law but will also help your car accident personal injury claim should the insurance company deny your claim or refuse to pay you a fair settlement. Every case is different, and you may be best served by working with a Philadelphia car accident lawyer who can provide legal guidance from the beginning. As a general rule, consider taking the following steps if you have not already done so:

  1. Contacting the Police: If you are physically able to do so, call the police from the accident scene. In many states, if anyone has been injured in the crash, the law requires this notification. However, if you are physically incapacitated you are not expected to call 9-1-1. Many accident victims do not realize right away they have been injured because of delayed symptoms. Even if you do not think you were injured, you should call the police. An official police accident report can assist your Philadelphia car accident lawyer in proving your injuries occurred in the crash, as well as identify the at-fault driver.
  2. Exchange Information with the Other Driver: You will want to obtain the other driver’s contact information, driver’s license number, registration, and auto insurance information. Again, this will assist your Philadelphia car accident lawyer.
  3. Notify Your Insurance Company: Contact your insurance company to let them know of the crash right away. If the other driver’s insurance company contacts you – and they will, very quickly – do not speak to them until you have spoken with your Philadelphia car accident lawyer.
  4. Contact a Philadelphia Car Accident Lawyer: After you report the crash to your insurance company, you should then contact a Philadelphia car accident lawyer to represent you. An attorney from Wieand Law Firm, LLC can evaluate your claim and begin gathering evidence to build your accident claim against the at-fault driver. Some of the steps your attorney may take include:
    • Investigate the crash by gathering police reports, photographs, and witness statements.
    • Communicate directly with the at-fault driver’s insurance company.
    • Ensure you are receiving proper medical treatment for your injuries and seek reimbursement for those medical expenses and other accident-related damages.
    • Seek compensation for your lost wages.
    • Determine any long-term financial needs for medical care, future wage loss, and any other issues.
    • Seek reimbursement for any other expenses related to your accident.
    • Negotiate a fair settlement amount with the insurance company.
    • Proceed with litigation if the insurance company fails to agree with a fair and just settlement amount.

Medical Bills When the Other Driver Is at Fault

If you were recently injured in a car accident, you probably have a lot on your mind. Your top priority should be to get better, but you may also be worrying about how you are going to pay your medical bills. Many people do not know what is supposed to happen in a situation like this. If the other driver caused the accident, do you still have to pay your own medical bills? This guide will go over the simple answer to this question.

Paying for Your Medical Bills

If the other driver is at fault for causing the accident, then he or she is responsible for paying for your medical bills. On top of that, he or she needs to pay for any damages to your vehicle too. Essentially, the person who is at fault for causing the accident must compensate all other people who were impacted by the accident, including any type of financial loss.

Ideally, the insurance companies will sort things out quickly enough for you to receive payment in a timely manner. However, sometimes it does take longer. If you end up paying for your own medical bills, you will be fully compensated. Additionally, if you use your health insurance to pay for the medical bills, you can still be fully compensated by the responsible driver. Doing this, however, may still increase your monthly insurance payment. Additionally, if you go down this route, it is really your insurance company that would be compensated, as they are the ones who paid your medical bills.

If the Driver Refuses

It is not terribly uncommon for the responsible driver to refuse to pay. If this happens, they are still responsible to compensate you. You may choose to file a personal injury lawsuit against the other driver. If you win your case with the help of a Philadelphia car accident lawyer, the court will order the driver to pay or face legal consequences. If the driver is financially unable to pay, a portion of his or her paycheck may be withheld until the amount is paid.

Finally, not all car accidents are as simple as one or the other driver being responsible. Sometimes, it is determined that both drivers are partially at fault. If this is the case, it may be more difficult to receive compensation. If the other driver is more at-fault than you are, then he or she may be responsible for covering only a portion of your expenses. An attorney who specializes in car accidents will be able to tell you more about the laws in Pennsylvania.

Contact a Philadelphia Car Accident Lawyer You Can Count On

If you have been injured in a car accident as a result of another party’s negligence or reckless behavior, contact Wieand Law Firm, LLC to set up a free consultation with a seasoned Philadelphia car accident lawyer.

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