Category: Car Accidents

It can be a whirlwind of events after being injured in a car accident. Your car may be damaged beyond repair, requiring the purchase of a new car. You will need to get medical attention and consistent follow-up care for your injuries. There will be insurance companies calling and questions to answer. It can all feel like too much. On top of all of this, there are the mounting expenses and missed wages following a car accident that can be the proverbial straw that broke the camel’s back. If you were injured in an accident caused by someone else’s negligence, the law allows you to seek compensation from that person for harm you have suffered as a result of their negligence. So, who can be held liable after a car accident?

Who Can Be Held Liable After a Car Accident?

What do we mean when we say, “Who can be held liable after a car accident?” Well, what this question is really asking is who can be held responsible for the damages caused by a car accident and, thus, who can be made to pay for those damages in order to compensate the injury victims of the accident. Who can be held liable after a car accident centers around whose negligence caused or contributed to causing the accident.

Negligence is a legal term meaning that a person breached a duty of care owed to another person and that breach caused the other person to sustain damages. We all owe each other a duty of care when we are sharing the road. So, if someone violates traffic laws or drives in a reckless way, then it could be said that they are being negligent. If their negligent driving behaviors caused an accident that resulted in injury and harm suffered by someone else, then they can be held liable after a car accident.

In a car accident, there a variety of people that could be held liable depending on the circumstances. Oftentimes, it is a driver of another vehicle that caused the crash and, therefore, would be held liable. Other times, it may be a dangerous road condition, such as a road in disrepair, that caused the accident and, in these cases, the city or local government may be held liable. In other cases, a defect in a vehicle may have caused an accident and the car manufacturer or designer may be held liable. 

Who can be held liable after a car accident? This can be answered by pinpointing who was at fault in causing the accident. In most cases, of course, it is the insurance company for the at fault party who will end up compensating the accident victims. Be prepared for this. Insurance companies will use the full force of their often vast resources to try and fight paying out in full or in part on an accident claim. Questioning who is liable for the accident is one of their favorite tactics to utilize.

Philadelphia Personal Injury Attorneys

If you have been injured in a car accident, the dedicated personal injury team at Cooper, Schall & Levy is here to help. Contact us today.

After a car accident, you will feel bombarded by phone calls. Most of these phone calls may very well be from insurance companies. They are likely to come from both your own insurance company and those of the other parties involved in the accident. It can all be overwhelming. You have just been through a traumatic experience and now you have to field questions about the accident and whether or not you should give an insurance company a recorded statement. To help manage your anxiety over this, know your rights. Know what statements you have to give, what statements you do not have to give, and what statements you should not give to an insurance company.

Should I Give a Statement to the Insurance Company After an Accident?

Whether or not you should or shouldn’t give a statement to an insurance company after an accident will vary largely depending on who is actually requesting the statement. You should know that it is almost definite that you will have to give a statement to your own insurance company. Giving statements is often included in your insurance contract and so you have a legal obligation to comply with such a request or risk losing your car insurance coverage. If an insurance company for another party involved in the accident is requesting a statement, however, you do not have to give them one and it is often recommended that you do not give them a statement.

Not giving another insurance company a statement about the accident is not about hiding information, but it is more about not giving them an opportunity to look for holes and weaknesses in a statement you gave them. Insurance companies will look to twist any statement you give them into a way that can work to undermine your claim. When you do not give them a statement, they are denied such an opportunity.

If you give a statement to an insurance company, and this means any insurance company, you must be careful in what you say and how you say things. Always make sure that you have properly heard the question and understand what is being asked. Do not rush ahead and provide information that does not directly answer the question posed. Wait for the whole question, ask for any clarification if needed, and take a pause. Think about the question and what is being asked.

When you go to answer a question, formulate an answer that is complete and clear. Keep your answer concise and within the scope of the question. Avoid rambling or thinking out loud. That is where many people run into trouble. Thinking out loud often leads to speculation and straying from the concrete facts. If you do not know the answer to a question, stick with a simple “I don’t know.”

Philadelphia Personal Injury Attorneys

It can often feel chaotic and overwhelming after an accident. Let the trusted personal injury team at Cooper, Schall & Levy help you manage the chaos and advocate on your behalf. Contact us today.

If a car or any type of vehicle enters an intersection after the traffic light has turned red, this is considered to be “running a red light.” Some people run red lights because they are not paying attention. Most red light runners, however, do so because they are simply in a hurry. They do not want to stop and get stuck at the light and so they fly through the intersection on the red. This is dangerous driving behavior and it is even more so when you consider the fact that most red-light runners are also speeding. As such, red light accidents can be devastating. The damage and injuries sustained in these accidents can be severe. Red light runners should not just be held accountable for breaking the law, but they should also be held accountable for the injuries they have caused to others due to their reckless driving maneuvers. This is done through bringing a personal injury claim. Injury victims can bring a claim against the at-fault driver or the insurance company for the at-fault driver seeking compensation for the harm they have suffered.

Red Light Accidents

Red light running happens due to a variety of circumstances. Yes, most of the time, a red light runner is a driver in a hurry. In more recent years, however, it has become alarmingly common for a red-light runner to be a distracted driver. The driver is busy texting, talking on the phone, or otherwise engaged in any number of distractions and does not notice the light has turned red.

Other times, a person may run a red light because they do not think they can safely come to a complete stop in time. In many, if not the majority, of these cases, the driver cannot come to a stop in time because they were speeding. When you are speeding, it reduces the amount of time you have to safely come to a stop. When speeding, a driver will likely have to confront whether it would be better to slam on the brakes or run the red light. 

Regardless of the circumstances surrounding the running of a red light, running red lights is dangerous, indeed. In fact, the Insurance Institute for Highway Safety (IIHS) reports that, in 2020, 928 people were killed in crashes involving red light running. That same year, IIHS reports that an estimated 116,000 people were injured in red light accidents. It is clear that red light running is a danger that is costing far too many people their lives and well-being.

In an effort to discourage red light running, red light cameras have become more common. Police officers cannot, after all, be expected to be at every intersection policing red-light runners. Red light cameras give law enforcement the ability to have a presence at the intersection without actually being present. The numbers seem to show that red light camera are effective at combatting the dangers of red light running. The IIHS has conducted a study that showed that red light cameras reduced the fatal red light running crash rate of large cities by 21 percent and the rate of all types of fatal crashes at signalized intersections by 14 percent.

Philadelphia Personal Injury Attorneys

If you’ve been injured in a crash caused by a red light runner, do not hesitate to reach out to the dedicated personal injury team at Cooper, Schall & Levy for assistance. Contact us today.

A car accident can really turn your life upside down. It can be scary and overwhelming. Following an accident, you may be emotional and even distraught. In the immediate aftermath of an accident, however, your actions are crucial. What you do and what you say from the point of impact onward can have serious and significant implications for you during any insurance claim process or settlement negotiations that may take place later on. As such, it is critical that you are mindful of what you say after an accident. Even the most seemingly innocent statements can later be misconstrued to be used against you.

Don’t Say These Things After a Car Accident

We’ll start with one of the most common, automatic phrases that people will say after an accident that could come back to bite them later on. “I’m sorry.” It is something that so many of us have come to say in situations that we simply do not want to be involved in that we have forgotten that the phrase is really a form of an admission of guilt. After an accident, saying “I’m sorry” can be used as such. It can be seen as though you are admitting fault for the accident. Now, this may not actually be the case, but it can and will be used as such.

Another phrase you should avoid stems from what can be the prominent “stiff upper lip” mentality some people subscribe to. Saying “I’m okay” or “I’m not hurt” after an accident may be a result of you feeling like you really are okay or it may be you dismissing any aches and pains you may be feeling and trying to power through it. The bottom line is, however, that at that point after an accident, it is nearly impossible to know the extent of any injuries you may have received. The adrenaline built up in your body can easily mask the full impact of your hurt and some injury symptoms may not fully present until days later. Saying that you are “okay,” however, can come back to haunt you. If an insurance company catches wind that you said that and then later make a claim for injuries sustained in the accident, it is very likely to cause problems.

In general, it is best to avoid any speculation after an accident. If you are about to say the phrase “I think,” it is likely best that you switch it to “I don’t know.” This is true when asked for a statement after an accident. If you are not sure what happened, do not speculate. There is no one that will expect you to come up with an answer to fill in the blanks. Saying something that ends up being inaccurate, however, can create problems down the road.

Philadelphia Personal Injury Attorneys

Have you been injured in an auto accident? Do not delay in reaching out for trusted legal representation. The team at Cooper, Schall & Levy will fight for you. Contact us today.

Facebook, Instagram, Twitter, and other social media platforms have become ingrained in our everyday lives. We post updates. We check updates. We scroll. Because of how our social media habits have become so strong, you may feel hesitant to take what we are about to say to heart. If you are in an accident, avoid social media for as long as possible. It would be best to avoid it altogether until your claim is settled. This may sound drastic, but it is one of the best things you can do to protect yourself and the validity of your claim. Let’s talk about why that is so.

Why You Should Avoid Social Media After an Accident

After an accident, you may turn to social media for support. After all, it is an online community that can be comforting after a traumatic experience. You may go on social media to let friends and family members know about what has happened. This, however, is not a great idea. Posting about the accident can leave you incredibly vulnerable to investigations launched by the insurance company for the at-fault party.

Think about the kind of things that you may post on social media when talking about the accident. You may tell everyone you are “okay.” Innocuous enough, right? Not really. Dismissing the harm you have suffered by saying you are okay could be turned around by the insurance company to say that you were clearly not injured as you may claim to be. Talking about the details of the accident such as saying, “the car came out of nowhere,” could be misconstrued by the insurance company as you admitting that you were not paying attention to the road or you were clearly engaging in distracted driving. This may seem ridiculous to you, but take it from people who have fought insurance companies again and again, they will use whatever they can to undermine your claim.

People also run into trouble with social media use after an accident by posting every day happenings. Do you post pictures of a weekend kayak adventure? Did you update your friends about a trip you just took? An insurance company will do what they can to access your social media posts and find this type of thing. They will point to these outings and claim that you clearly have not been too severely injured by the accident and obviously the accident hasn’t had much of an impact on you. It may seem like a leap for you, but this is what happens.

If you think your privacy settings are too secure for insurance companies to access your social media posts, then you may want to think again. Privacy settings can be tricky and insurance companies have ways of circumventing them. This is why it is always the safest bet to forego use of social media while you have an injury claim pending. If this is something that you are unwilling to do, then at least limit your social media use and refrain from posting about your accident. Do not accept friend requests from anyone you do not know and use social media thoughtfully.

Philadelphia Personal Injury Attorneys

At Cooper, Schall & Levy, we know the insurance company tricks and we fight to hold them accountable. We stand up for the injured to help ensure they are fairly compensated for the harm they have suffered.  Contact us today.

Motor vehicle crashes can cause devastating injuries. On top of the physical, mental, and emotional impact of a car accident, there can also be significant financial implications. There will be medical bills. You may miss work and lose wages as a result. Things can pile up all too quickly. Those injured in accidents caused by the negligence of another often rely on the insurance coverage of the at-fault driver to compensate them for the harm they have suffered. Pennsylvania law requires all drivers to carry insurance coverage for such situations. Unfortunately, this does not mean every Pennsylvania driver actually carries insurance. There are many drivers without any insurance at all and even more that only carry the bare minimum, leaving them underinsured should they cause significant damages in a car accident. The possibility of being injured by an uninsured or underinsured driver is all too real. Let’s take a look at how you can protect yourself.

How You Can Protect Yourself From Uninsured Drivers

Whether a driver is uninsured or underinsured, meaning they lack the insurance coverage to fully cover the damages they have caused in an accident, the financial consequences for you can be downright crippling. You may be able to go after the at-fault driver personally, seeking compensation from them directly by accessing their assets, but this can be difficult to do. Even if you can get a damages judgment against them, they may lack the assets to fully compensate you for the harm you have incurred due to the accident. The fact of the matter is that it can be a dangerous game to play when you put all of your faith on another driver’s ability to adequately cover your expenses should you be injured in an accident they caused. This is why it is a good idea to consider getting uninsured or underinsured motorist (UM/UIM) coverage.

If you opted for UM coverage or will be trying to seek compensation from the at-fault party personally, through their insurance carrier, or both, it will still be important to protect yourself by preserving your claim as best as possible. There are several things you can do to help accomplish this. For starters, you can call 911 after the accident. Law enforcement will arrive on the scene and an official accident report will be generated as a result. The accident report is a critical piece of evidence in supporting an injury claim later on.

You should also take notes about the accident as soon as possible so that your memory of the details is still fresh. Note the date, time, and location of the accident as well as what happened. If there are any witnesses to the accident, try to get their names and contact information. Taking pictures at the scene can also be helpful. Pictures can be compelling pieces of evidence in an accident injury claim, showing the damage more clearly than one may be able to with just words alone.

Philadelphia Personal Injury Attorneys

Getting the monetary recovery, you deserve after an accident can be difficult. At Cooper, Schall & Levy, we tirelessly pursue every potential avenue of recovery to help ensure that you are properly compensated. Contact us today.

If you have been injured in a car accident caused by someone else’s negligence, you may want to bring a personal injury claim against the at-fault party or, in most cases, against their insurance carrier. Through the claim, you can seek compensation for the harm you suffered as a result of the accident which can include medical bills, lost wages, pain and suffering, and more. There will, however, be hurdles to recovering this compensation. Insurance companies will not easily hand over monetary compensation. They will require fairly extensive proof and supporting evidence of who caused the accident as well as the resulting injuries sustained due to the accident. There are a number of ways to provide support as to what happened in the accident and who caused it. One of the more compelling ways to do this is through camera footage of the accident.

Accessing Camera Footage After a Car Accident

To be clear, camera footage of a car accident may not always be deemed admissible evidence should your claim wind up in court. It can, however, still be extremely useful during the claims process. In hit and run cases, camera footage can also go so far as to help identify the perpetrator of the hit and run who left the scene of the accident.

How you gain access to camera footage after a car accident will largely depend on what type of camera footage you need. There are a number of different cameras that may capture accident footage. For starters, traffic cameras and red light cameras often record such events. These are cameras located at intersections with the purpose of capturing footage of cars that cross into an intersection on a red light. It can be difficult to gain access to traffic camera footage and is made even more complex by the fact that the cameras are owned by a number of different entities. Each entity is likely to have different requirements that must be met prior to releasing the footage.

Surveillance systems for private businesses are also common sources for accident video footage. If your accident was recorded by a business’s surveillance system, getting access to the footage may be as simple as contacting the owner of the business. Many business owners will release the footage just upon request and without further fanfare. Sometimes, however, larger businesses will have certain requirements that must be met before they will release any video footage.

In some cases, law enforcement cameras, such as dashcams or body cams, will capture accident video footage. While dashcams capture footage from the dashboard of the law enforcement vehicle, body cams capture footage from the perspective of the officer. It is actually becoming more and more common for civilians to also have personal dashboard cameras. For accessing civilian dashboard footage, it may be as simple as making a request to that person for the footage. If the footage has been recorded by a law enforcement recording device, things will be far more complicated.

Philadelphia Personal Injury Attorneys

Accident video footage can be compelling evidence in your personal injury claim. The experienced team at Cooper, Schall & Levy is skilled and experienced in navigating the red tape that can bar access to such critical support for your claim. We’re here to help. Contact us today.

We all know that car accidents can leave people with devastating physical injuries. Many accident victims need to be immediately transported to the hospital for emergency medical care and will have lasting physical limitations long after the accident debris has been cleared away. What many people take for granted, however, is the fact that the scars left behind in the wake of a car accident can go beyond being physical in nature. Emotional distress is a real impact of being involved in a car accident. The law recognizes this and allows injury victims to seek compensation for the emotional distress they have suffered as the result of being the victim of a car accident caused by the negligence of another. How you calculate and include emotional distress in your car accident claim, however, can be a bit complicated. 

Including Emotional Distress Damages in Your Car Accident Claim

Many who have been injured in a car accident suffer post-traumatic stress disorder (PTSD), anxiety, and depression. These are all things to account for in a claim for emotional distress damages. Emotional distress damages, along with pain and suffering damages are considered to be non-economic damages as opposed to economic damages because of how difficult they are to calculate. Economic damages can be based on concrete financial evidence such as medical bills incurred due to an accident. Non-economic damages, however, cannot be based on such figures.

Pain and suffering damages relate to the physical pain an accident victim endures as a result of their injuries. Pain and suffering also include emotional distress which stems from sustaining those injuries and feeling the resulting pain. While it may be difficult to distinguish pain and suffering damages from emotional distress damages, the two are, in fact distinct. The main difference between pain and suffering and emotional distress damage claims is that pain and suffering refer to the emotional distress an accident victim experiences due to their physical injury. Emotional distress damages, on the other hand, relates to the emotional distress experienced prior to enduring any physical signs of injury. They relate to the emotional suffering relating to being involved in the accident and not necessarily being injured in the accident. That is why emotional distress claims can be so difficult to assert. They are separate from the physical manifestations of injury. It is imperative that you seek consultation and treatment with a mental health professional who can give you a specific diagnosis for PTSD, anxiety, depression, or another condition stemming back to the accident.

In order to even be eligible to pursue a claim for pain and suffering, however, you likely need to have purchased a limited tort insurance policy. Without limited tort coverage, you are only allowed to sue for pain and suffering resulting from a car accident if your injury is considered to be a “serious injury” pursuant to Pennsylvania law. The law in Pennsylvania considers an injury serious if it resulted in death, permanent disfigurement, or permanent impairment of a bodily function.

Philadelphia Personal Injury Attorneys

At Cooper, Schall & Levy, we know that accident injuries are not just physical. The mental and emotional damages are just as real and just as relevant. We fight for you to recover compensation that includes all of your damages. Contact us today.

If you were injured in a car accident caused by the negligence of someone else, the law entitles you to seek compensation for the harm you suffered as a result. Often, this includes physical injury. It is common, however, for a person to incur harm that goes beyond physical injury to things such as emotional trauma, pains in the body, and a reduction in quality of life, among other things. These damages are just as real and just as compensable as more overtly physical injuries. While pain and suffering damages are compensable in a Pennsylvania personal injury claim, however, calculating these kinds of damages can be challenging, but not impossible.

Calculating Pain and Suffering Damages in Pennsylvania

In a personal injury claim, there are two main types of damages. There are economic damages and then there are non-economic damages. Economic damages are things like medical bills, lost wages, and other things that are easily calculated. These are damages that can be calculated using bills and pay stubs, among other financial records. On the other side of things, non-economic damages are much more difficult to calculate as they cannot be based on things like medical bills. Pain and suffering will include things like emotional trauma and scarring as well as loss of quality of life and future pain and suffering.

The subjective nature of pain and suffering makes it difficult to calculate using a set and predictable method. Everyone will perceive a person’s pain and suffering differently and so pain and suffering damage awards can widely vary. To have some consistency in the process, insurance companies usually use their own set formula in assigning a value to pain and suffering. One of the most common formulas is to total up the injured person’s medical bills and lost wages. Then, that figure is multiplied by a number between 1 and 5. The multiplying number will be selected based on the nature and severity of the injuries involved. The other more common formula used by insurance companies is to assign a per diem amount and multiply it by the number of days until the injury victim is considered to be fully recovered.

Before you can get to speculating on how much you can recover for pain and suffering, however, you must be sure that you can actually bring a claim for such damages. If you have a full tort auto insurance policy, then you will be free to make a claim for pain and suffering damages if you have been injured in an accident. If you have a limited tort policy, however, you can only recover pain and suffering damages if you have sustained what is considered to be a serious injury under Pennsylvania law. A serious injury is considered to be one that is fatal or led to a permanent disfigurement of impairment of bodily function.

Philadelphia Personal Injury Attorneys

Insurance companies will seek to take advantage of the difficulty inherent in assigning a value to pain and suffering. They are likely to offer the lowest possible compensation. The team at Cooper, Schall & Levy is prepared to fight for you and your right to be fully and fairly compensated for all of your damages, including pain and suffering. Contact us today.

Being in a car crash is an undeniably traumatic experience. Not only are you left with the memories of the crash itself, but you may also have suffered injuries which can also have an impact on your mental state long after the crash has occurred. While many people focus on the physical effects of being in a car crash, which are important and can be severe, the mental effects of being in a car crash are just as real and can be severe as well. To help shed light on this important topic, we want to go into a discuss of some of the prominent mental impacts a car accident victim may experience.

The Mental Effects of Being in a Car Crash

Many car accident victims find that they experience a range of mental effects after the crash. The mental impacts can often come up expectantly and the accident victim may not even realize at first that the mental impacts are a result of the accident. They may not feel like themselves, but fail to make the connection. 

An accident victim may experience trouble focusing or concentrating after a crash. This can occur for a number of reasons. One of the most common reasons is that the accident victim sustained a head injury or even a traumatic brain injury in the crash. This is a very serious type of injury and may go undiagnosed without the victim being aware of its possible symptoms. Undiagnosed traumatic brain injuries can lead to the victim suffering further harm and extensive medical complications. If you have been in an accident and experience any of the following symptoms, report them immediately to your doctor:

• Trouble concentrating
• Memory problems
• Sleep disruptions
• Mood swings
• Anxiety
• Depression
• Sensitivity to light or sound

Anxiety after an accident may not necessarily be due to an accident victim sustaining a traumatic brain injury. It can also be a symptom of post-traumatic stress disorder (PTSD). Being in a car accident is a traumatic event. Thus, accident victims may very well experience symptoms associated with PTSD. PTSD symptoms may include:

• Anxiety
• Trouble sleeping
• Irritability
• Difficulty concentrating.

Emotional trauma is also a common impact experienced by car accident victims. After all, the crash itself can be traumatic. The far reaching impacts of the crash can also be traumatic. Consider the difficulty accident victims may face in trying to cope with the pain of their injuries, the disruption to their lives, the limits they may face due to their injuries, the inability to participate in the things that used to bring them joy, the strain all of this can place on relationships with friends, family members, and loved ones, and more. It is a lot for one person to handle and this can all take a serious emotional toll.

Philadelphia Personal Injury Attorneys

Remember, mental impacts of a car crash are compensable damages just as physical injuries are. The team of dedicated personal injury attorneys at Cooper, Schall & Levy will fight to see to it that you are properly compensated for all of the damages you have sustained due to a car accident caused by someone else’s negligence. Contact us today.