Category: Car Accidents

Lane change accidents have always been a problem on U.S. roads. A driver merges into a lane or turns into a lane and there is already a vehicle right there. Despite the advances in car safety technology such as blind spot monitors or sounds to alert a driver to someone in an adjoining lane spot, the problem persists. This could be due to a number of reasons, but it is most often due to distracted driving our outright careless driving.

Lane change accidents can lead to significant property damage and serious injury. You have a legal right to pursue damages against a driver whose negligence leads you to suffer harm, but how do you determine who is at fault in a lane change accident? This is an important question to know the answer to as it can have a serious impacts on your right to be compensated for the damages you may have suffered in the accident.

Determining Fault in a Lane-Change Accident

Being aware of your surroundings and being constantly vigilant is the key to keeping yourself and others safe on the roads. This will involve using a car’s safety features such as your mirrors and it will also involve checking your blind spots before doing things like turning or changing lanes or merging into traffic. While you can take great steps toward avoiding lane change accidents on the road, defensive maneuvers and vigilance may not be enough to protect yourself from someone else’s recklessness on the road.

Lane change accidents are often caused by drivers who do not use their turn signal to notify other drivers of a maneuver they are about to make. They can be caused by drivers who fail to check their mirrors and their blind spots. Sometimes, a lane change accident may be made by a driver trying to quickly cross multiple lanes of traffic all at once. Engaging in reckless driving maneuvers or negligently operating your vehicle by not taking standard safety precautions before changing lanes may mean you are at fault for causing a lane change accident. Sometimes, multiple drivers may be at fault for causing a lane change accident.

In determining who is at fault in a lane change accident, a thorough investigation into the facts and circumstances surrounding the accident will be critical. Evidence of driver negligence or recklessness will be key in supporting an assertion that they are at fault for causing the accident. Fault is not always clearly identified and it could easily turn into a he said, she said, situation. In determining what actually happened in the accident and who is at fault for causing an accident, evidence such as witness testimony will be key. Physical evidence will also be important. The road debris, nature of the damage to either vehicle, and the positioning of the cars on the roadway can help reconstruct the accident to determine fault.

Philadelphia Personal Injury Attorneys

If you have been involved in a lane change accident, the personal injury team at Cooper, Schall & Levy can help you. We will help fight for your right to pursue full and fair compensation for the damages you have suffered at the hands of a negligent driver. Contact us today.

In most cases, an accident will involve multiple vehicles. Sometimes, however, single-car accidents do occur. You may think that with just one vehicle involved, liability is clear enough. Afterall, one car means there is only one possibility for who is at fault. As in all personal injury situations, things are rarely so simple. Even in single-car accidents, liability is a fact-specific inquiry and will require a detailed analysis of the facts and circumstances of that particular case.

Is the Driver Always at Fault in a Single-Car Accident?

You may have swerved to avoid a squirrel in the roadway. Perhaps you lost control of your vehicle after hitting a deep pothole. These scenarios can all too easily end with the vehicle hitting a building, pole, or other obstructions near a roadway. Single-car accidents can still result in serious damage and can leave vehicle occupants with serious injuries. You are also likely to have a million questions running through your head. Will your insurance cover this? Am I at fault?

Yes, you may be held to be at fault for a single-car accident. If it was your negligence that was the cause of the accident, you will be held liable for the resulting damage. If someone else’s negligence was the cause of the accident, however, they may be the party to carry the fault and would be liable for any damages that resulted from the accident.

Some single-car accidents, for instance, are the result of vehicle defects. Faulty brakes may have caused a driver to be unable to brake in time to avoid collision. Poor wheel alignment may have led to the vehicle being unsafe to operate. If a single-car accident was the result of a vehicle defect, then the vehicle manufacturer or designer may be at fault for the accident and a product liability lawsuit may allow you to recover the damages you have sustained. In a product liability lawsuit, you may pursue damages against the vehicle designer, if there was a problem with the vehicle’s design. Alternatively, you may be able to pursue damages against the vehicle manufacturer if the vehicle was designed properly but a flaw in the way it was made caused it to be dangerous.

A single-car accident may also be the result of improper roadway maintenance or design. Poorly designed roadways or roadways that have been improperly maintained can be dangerous and lead to accidents, single-car accidents included. If your single-car accident was the result of a failure to maintain the roadways or a poorly designed road, you may be able to hold a local government entity responsible for the resulting accident damages. Whoever was responsible for the road design or maintenance may be found to be liable for the accident.

There are also those single-car accidents that are referred to as “unavoidable” accidents. These are the accidents where a motorist swerved or quickly reacted to something like a pedestrian or a bicyclist unexpectedly entering the roadway because they were acting negligently. When a single-car accident is the result of a motorist having to quickly respond to the negligent actions of a cyclist or a pedestrian, then the cyclist or pedestrian may be at-fault for the accident.

Philadelphia Personal Injury Attorneys

If you have been injured in an accident, reach out to the dedicated personal injury team at Cooper, Schall & Levy. We will help evaluate the potential avenues for monetary recovery and fight for you every step of the way. Contact us today.

Roundabouts, or traffic circles, were first developed over in the United Kingdom in the 1960s, but are now widely used across the world, including in the U.S. It is, essentially, a circular intersection where cars yield upon entering. The design is intended to foster efficient traffic flow as well as make intersections safer. If you haven’t had much experience or exposure with roundabouts, however, the unfamiliar design may be daunting. Here, we will discuss some of the safety benefits and challenges that come with roundabouts.

Safety Benefits and Challenges of Roundabouts

Roundabouts are often used at intersections that have a history of high crash rates or large traffic delays. The vehicles travel around counterclockwise and the curved design pushes vehicles to slower speeds. Once in the roundabout, drivers proceed to the exits they are needing. The design of the roundabout makes it innately safer than other, traditional intersections that use traffic signals and stop signs to manage traffic flow.

Think about it. At a traffic signal, you avoid many of the most common types of intersection crashes. There are no right-angle or left turn crashes. Head-on collisions, while possible, are very unlikely to occur. Traditional intersections are also far easier to speed through, which makes these types of crashes extra dangerous. With a roundabout, the vehicles travel in the same direction at reduced speeds. This means that the common crash types at traditional intersections are nearly eliminated and that crashes are likely to be less severe due to lower speeds.

Roundabouts have also proven to be safer for pedestrians as well as motorists. As pedestrians walk around the sidewalks which line the perimeter of the traffic circle, they only need to cross lanes of one direction of traffic at a time, since all drivers are moving in the same direction. Additionally, the crossing of lanes is usually shorter and the vehicles are traveling at lower speeds than they would be at traditional intersections.

As you can see, roundabouts have many safety benefits and generally provide an overall safer space for vehicles and pedestrians than that which is afforded by the traditional intersection model. Nothing, of course, is infallible. Roundabouts present their own challenges despite being generally safer than the traditional intersection. Merging, for instance, can create confusion. Conflicts regarding who has the right of way could lead to crashes. Some of the more common types of roundabout crashes include:

• Vehicles being run off the road
• Vehicles being sideswiped
• Vehicles failing to yield the right of way when entering the circular path of the roundabout
• Vehicles colliding with the central island

Most of these common roundabout crash types of stem from failure to yield the right of way and traveling at unsafe speeds in the traffic circle. In multilane roundabouts, the merging and high speeds can be even more of an issue, particularly for motorists who are not familiar with the traffic pattern presented by a roundabout.

Philadelphia Personal Injury Attorneys

Have you been injured in a motor vehicle accident? Do not hesitate to call the dedicated personal injury attorneys at Cooper, Schall & Levy.  Contact us today.

A vehicle that enters an intersection after the traffic signal has turned red has officially committed the violation of running a red light. If a vehicle has already entered the intersection prior to the light turning red, waiting for a chance to make a left turn, for instance, then this is not considered to be a red light running situation. Furthermore, turning right on red is permitted in some situations and those who come to a complete stop before making a valid turn at the red light are also not considered to be red-light runners, although those who make such a right on red in areas where a right on red is prohibited can still be ticketed.

Now that we have set forth the defining terms as to what is and what is not considered to be a red-light runner, we can get down to the very real dangers involved in running a red light. It is a scarily pervasive problem out there on the roads and people are dying and sustaining serious injuries as a result. We’ll also discuss possible measures to help address the red light running problem in an effort to keep more people on the roads safer.

Red Light Runners

The Insurance Institute for Highway Safety (IIHS) reports that red light runners cause hundreds of deaths as well as tens of thousands of injuries each year. In 2020 alone, the IIHS reports that 928 people were killed in crashes involving red light running. Of those 928, half were pedestrians, bicyclists, and people in other vehicles that were hit by someone running a red light. That same year, over 115,000 people were injured in crashes involving red light running.

What can be done? The numbers are clear in showing that red light running is a problem. Some advocate for more red light cameras to deter this dangerous driving behavior. A study conducted by the IIHS found that red light cameras ended up reducing fatal red light running crash rates in large cities by 21 percent. Furthermore, the cameras reduce the rate of all fatal crash types at signaled intersections by 14 percent. Red light cameras are meant to act as a deterrent for those tempted to run red lights. After all, law enforcement can only do so much and only be in so many places at the same time. Red light cameras help monitor those intersections that may otherwise be unmonitored.

There are some who argue that red light cameras violate privacy, but this argument tends to not hold much weight. After all, driving is a highly regulated activity, because it is a dangerous and pervasive activity. Those who are licensed to drive agree to operate by the rules of the road and the cameras only seek to monitor this just as other traditional, in-person law enforcement measures would.

In addition to red light cameras, there are also studies showing that proper signal timing can reduce the chance of red light running and, thus, make intersections safer. Providing drivers with an adequate amount of time for a yellow signal before it turns to red can maximize safety at intersections. With enough yellow light time provided, red light running can be reduced and, in turn, so can the number of red light running crashes. Adjusting yellow signal timings combined with the use of red light cameras could show a profound reduction in red light running crashes.

Philadelphia Personal Injury Attorneys

Have you been injured by a red light runner? Do not wait to reach out to the team at Cooper, Schall & Levy for assistance. Contact us today.

After a car accident, the stress and hurt of what you have just been through can be isolating. You may feel alone. If you were injured in a hit and run accident, however, you may literally be alone. Being left at an accident scene with the at-fault party speeding off can be an incredibly difficult thing to experience. Unfortunately, hit and run accidents are not as uncommon as you might think. This is true regardless of the fact that a person who leaves an accident scene they knowingly caused without providing their information or assistance to those who may need it are in violation of traffic laws. If you ever find yourself as the victim of a hit and run accident, here is what you need to do.

What to Do After a Hit and Run

After a hit and run, try to keep as calm and cool as possible. Stay at the accident scene. Resist any urge you may feel to go off and pursue the hit and run driver who fled the scene. Doing so can be dangerous as well as put you at risk for getting into another accident. You will also miss out on collecting other pieces of potentially critical evidence, such as eyewitnesses to the accident. You also do not want to put yourself in a position where you are pursuing a driver whom you do not know what their mindset is or what would happen if you actually caught up with and confronted them.

Stay at the accident scene and call 911 right away. Documentation, such as a police report will be extra important since evidence of the accident is limited right away because the other driver took off. You will also want to call your insurance company right away to inform them of the accident. Failure to do this could jeopardize your access to any insurance benefits to which you would otherwise be entitled.

Be sure to document and report as much information as you can about the other driver as well as the accident in general. What was the make and model of the other vehicle? What color was it and did it sustain any noticeable damage in the accident? Did you see a license plate number? What direction did the other driver take off toward? Did you manage to get any photos of the other vehicle? Witnesses to the accident can also be valuable sources of information about the accident and the other driver. Be sure to gather any witness names and contact information.

Get medical attention to evaluate any injuries you may have sustained in the accident and comply with doctor recommendations for follow-up treatment. The road to recovery may be long, but it is likely to be longer and more difficult without getting immediate and consistent medical treatment. It can be difficult to prioritize your health when so much else is going on, but it is the most important thing to do for yourself and your well-being after an accident.

Philadelphia Personal Injury Attorneys

If you are injured in a hit and run accident, you are likely worried about how you are going to be compensated for the harm you have suffered. Talk to the dedicated team at Cooper, Schall & Levy about your options. Contact us today.

Being injured in a car accident can be scary, to say the least. In addition to the health concerns and worries that come along with such injuries, you may be faced with serious financial concerns. After all, being injured can have more than just an impact on your health and well-being, but it can also be incredibly expensive. The costs of medical treatments are at all-time highs and the bills can pile up quickly. On top of that, you may have missed work and lost wages as a result. You may not be able to work the same job and may have to take a pay cut or reduce your hours to accommodate your injuries. All of this can compound into serious financial pressures. 

Fortunately, you may be able to seek monetary compensation for your losses through a personal injury claim. Bringing a claim against the at-fault driver allows you to pursue compensation for the harm you have suffered as a result of the accident that they caused. What can be disheartening, however, is when an at-fault driver does not have the insurance coverage necessary to adequately cover your losses. In some cases, there may be other avenues for recovery. Depending on the circumstances, you may be able to hold the at-fault driver’s employer vicariously liable for the harm you have suffered.

Vicarious Liability and Car Accidents

In Pennsylvania, an employer may be held liable for injuries that an employee has inflicted on others under certain circumstances. This is referred to as “respondeat superior,” or “vicarious liability.” It explains a legal concept when liability can be extended beyond the party who directly caused the harm in the first place.

With vicarious liability, liability can attach to an employer even if the employer did not play a role in the employee’s negligent conduct that caused the accident in the first place. Part of the reasoning behind vicarious liability is that employers have the resources to be proactive in helping to ensure their employees have safe practices. They have the resources to promote and enforce positive change. Thus, the fact that vicarious liability exists is meant to encourage employers to make solid investments in safety training and to take the time to ensure they hire responsible individuals. It also acts as a means of helping to get plaintiffs properly compensated for their injuries in an accident as an employer is more likely to have the financial resources in place to cover such costs.

In order for vicarious liability to apply, however, a plaintiff needs to be able to demonstrate that the damages they suffered were caused by an employee acting within the course and scope of employment. Understanding and defining the course and scope of employment, however, can be more difficult than one would initially think. In general, conduct that will fall within the course and scope of employment will include that which they were employed to perform or conduct engaged in to serve the interests of the employer. Furthermore, conduct expressly or implicitly authorized by their employer will be considered as falling within the scope and course of employment for vicarious liability purposes.

Philadelphia Personal Injury Attorneys

The pressure to pursue a personal injury claim and get the compensation you deserve after an accident can be intense. Let the team at Cooper, Schall & Levy take over this burden so that you can focus on your health and recovery. We’ve got this. Contact us today.

The truth of the matter is that most of us will know someone who has been involved in a car accident or be involved in one ourselves at some point in our lives. Every day, thousands of people are injured on U.S. roads. Being injured in a car accident can be a jarring experience, to say the least. You are likely to feel overwhelmed and disoriented afterward. What happens after an accident and what you do after an accident, however, can be critical to recovering your health. It can also be critical to preserving any claim for compensation you may later wish to seek. Here, we will go over some key things to remember after you’ve been in an accident

What Do I Do After a Car Accident?

After you have been in a car accident, take a moment. Take the time you need to get your bearings. Take stock of how you feel and if you have sustained any major injuries. Take a breath. Staying calm will be critical in moving forward after what can be a very traumatic experience.

Once you have taken a moment to process things, at least in part, call 911. The police will be dispatched to the accident scene as will an ambulance or another emergency medical vehicle should anyone be injured. As a result of the police arriving at the accident scene, an official accident report will be generated. The accident report can act as a key piece of evidence to support a personal injury claim later on. It should detail where, when, and how the accident occurred as well as who was involved in the accident. Once available, you should obtain a copy of this accident report to verify that all of the details are correct.

Depending on your injuries and ability, taking pictures at the accident scene can be a good idea. A picture is worth a thousand words, after all. Pictures of the damage sustained in an accident can be compelling in a personal injury claim as well as instructive as to how the accident actually occurred. If you are not able to take pictures at the scene, try to see if someone else can and will take them for you. It is also a good idea to get the names and contact information from any witnesses to the accident. Witnesses can also play an important role in supporting the narrative as to how the accident occurred.

You will also need to call your insurance carrier to notify them of the accident. This should be a priority to help ensure that you get access to your benefits. Your main priority, however, should be seeking immediate medical evaluation and treatment. Get checked out by a doctor even if you may want to try and maintain a stiff upper lip and push through whatever discomfort you may be feeling. This is not the time to try and be tough and power through what could possibly be serious and lasting injuries. Get immediate medical help. Get follow-up care as recommended by your doctor. This will be critical in recovering from your injuries as well as preserving the value of your personal injury claim.

Philadelphia Personal Injury Attorneys

After an accident, get in touch with the dedicated Philadelphia personal injury team at Cooper, Schall & Levy. We are here to answer all of your accident questions and will fight for you and your right to recover full and fair compensation. Contact us today.