The days are getting shorter, so it is getting darker earlier each evening. For many of us, we will be driving home from work in the dark in just a few weeks. Breaking down on the side of the road can be dangerous and frightening during daylight hours. However, breaking down after dark has its own set of challenges in addition to those you face when your vehicle breaks down on the side of the road.
If you have never been involved in a traffic accident, you may be overwhelmed by the aftermath of the accident. Who pays your medical bills? How do you get your vehicle repaired? What happens if you need to be out of work? There are so many questions that it is easy to become stressed and anxious. It is also easy to become confused.
The steps you take after a traffic collision can have a significant impact on your settlement proceeds. Unfortunately, we cannot turn back time and re-do the steps we took after an accident. You can do something now — you can contact our Erie accident attorney for help. We will evaluate your case for free and provide our legal opinion regarding your options for recovering the maximum compensation available for your injury claim.
According to a report by GoErie, a motorcyclist was injured in a hit-and-run accident last week in the 2500 block of State Street. The driver of a Cadillac De Ville was turning left onto State Street when he struck the motorcyclist traveling north. The motorcyclist was thrown from his Harley-Davidson Sportster upon impact. The Cadillac’s driver left the scene of the accident, but law enforcement officers were able to apprehend him by following clues at the accident scene. The rider was transported to the hospital by EmergyCare with unknown injuries.
It appears that the driver of the Cadillac has been booked and charged with several crimes including driving with a suspended license, driving with no insurance, and failure to notify police of an accident. At the time of the news story, he was being held in the Erie County Prison on a $25,000 bond.
When you are injured in a personal injury accident, your medical records will become a very important piece of evidence in your accident claim. Regardless of whether you are hurt in a traffic accident or slip and fall or the injury was caused by a defective product, you will need to submit medical records to the insurance company to substantiate your injury claim. However, you must be very careful when submitting your medical records because your records could contain red flags that could impact the amount of compensation you receive for your claim.
Now that it is Fall in Pennsylvania, the weather will begin to get cooler. Even though we are not facing ice and snow yet, we will soon enough. Until then, we still deal with slick roads because of rain. When poor road conditions cause an accident, is anyone responsible? Can you sue another driver or other party? The answer depends on the circumstances of your case.
Suing A Government Agency for Hazardous Road Conditions
In some cases, a hazardous road condition causes an accident. Examples of hazardous road conditions include potholes, cracks, missing guardrails, and road debris. Sometimes, a government agency or contractor hired by the state can be held liable for accidents caused by road conditions. These types of cases can be very complex and difficult to win. We urge you to call our office if you suspect a dangerous road condition caused your traffic accident. You might have a valid claim against the state, county, or city government agency responsible for maintaining safe roads.
Hurricane Harvey slammed into Texas leaving a path of devastation in its wake. However, some of the worst damage and the most dangerous conditions were caused by flooding. Flooding and storm debris made it impossible for residents and rescue workers to traverse city streets in Houston.
While we do not see the impact of a hurricane in our area, we do have storms that can cause severe damage. When a storm causes damage, it can create road hazards that increase the risk of injury or traffic accidents. Avoiding these road hazards can help you decrease your chance of a traffic accident after a severe storm.
Labor Day Weekend is great for spending quality time with your family and friends. Whether it is spending time at a backyard BBQ, on the lake, or at a festival or concert, Labor Day is perfect for getting in one last summer trip or adventure.
Unfortunately, some families will experience tragic accidents over the holiday. In some cases, you may be able to avoid an accident by taking a few precautions. Below are tips for avoiding some of the most common types of accidents and injuries associated with a long holiday weekend.
When you are injured in a traffic-related accident, you might be entitled to recover money for your losses and injuries. Depending on the facts of your case, the amount could be substantial, and the amount could include compensation for future damages and permanent disability. While most types of compensation are not taxed as income, there are exceptions. In some cases, you may be required to pay income tax on part of your settlement amount.
Have you been in a car, truck, or motorcycle accident? If so, you probably already know that you are entitled to receive compensation for the repair of your vehicle? However, you may also be entitled to additional compensation for the diminished value because of the damage caused by the crash. Before you accept a settlement from the insurance company, you need to consult an experienced Erie accident attorney. You could be receiving less than you should for your accident claim.
Personal Injury Protection (PIP) insurance coverage can be confusing in Pennsylvania because of the state’s full and limited tort laws. To understand the PIP requirements and tort laws, it helps to understand the difference between an “at fault” insurance state and “fault” insurance state.
At Fault vs. Fault Insurance
Some states require drivers to carry liability insurance (fault insurance) to pay for damages from an accident that the driver causes. These states require that you prove a driver caused a collision before you can recover compensation from that driver.
Other states have adopted a no-fault insurance policy whereby drivers are required to purchase no-fault insurance (PIP or Med-Pay). No-fault insurance pays for damages in a car accident regardless of who caused the crash. In other words, if you are injured in a car crash, you file your claim with your own insurance company even if the other driver caused the crash. However, PIP coverage does not pay for all damages. In most cases, it only pays for some of your lost wages, and it does not cover pain and suffering damages.
Pennsylvania has a no-fault insurance policy, but it also allows drivers to choose between limited tort insurance policies and full tort insurance policies.
State Minimum Insurance Requirements for Pennsylvania
Drivers in Pennsylvania are required to carry both liability and PIP coverage. The minimum liability coverage is $15,000 in bodily injury coverage ($30,000 per incident) and $5,000 in property damage liability insurance. In addition, each driver must have $5,000 in PIP coverage.
If you are injured in an accident, you file your claim against your PIP coverage first. If your medical bills, lost wages, and other financial damages exceed the PIP coverage, you can file a claim against the driver who caused the accident. However, whether you can sue for pain and suffering damages depends on whether you choose full tort or limited tort coverage.
If you choose limited tort coverage, you cannot be sued for pain and suffering damages (noneconomic damages) for an accident you cause, BUT you cannot sue another driver for your pain and suffering damages either. The exceptions to this restriction are when an accident results in death, permanent serious disfigurement, or serious impairment of a bodily function.
However, if you chose full tort coverage, you can sue the driver who caused your crash regardless of the severity of your injuries. By choosing full tort, you also open yourself to lawsuits for accidents that you cause. Unfortunately, many people regret not choosing full tort when they are injured in an accident caused by another driver because pain and suffering damages can be a significant amount of a car accident settlement. In these cases, it comes down to proving that your injuries meet the threshold level for filing a lawsuit for pain and suffering.
Erie Car Accident Attorneys Can Help
If you are injured in a traffic accident, sorting out the insurance issues can be confusing and overwhelming. Our Erie accident attorneys can review the applicable coverage and advise you of your options for recovering compensation for your damages.
Call The Travis Law Firm at (800) 401-2066 to schedule a free legal consultation with one of our Erie accident attorneys.