What to Do When You’re Hurt in a Motor Vehicle Accident
Taking the Right Steps to Protect Your Health and Your Legal Rights
A motor vehicle accident can change your life in an instant. Depending on the nature and severity of your injuries, you may be unable to work; may experience significant pain and discomfort for weeks, months, or years; or may be forced to give up activities you love. You have a right to seek compensation for all your losses, but there are specific steps you should take to fully protect your health and your legal interests. Though one of your first acts should be to retain an experienced attorney, there are other things you can do to protect your interests.
Step One: Get the Medical Attention You Need
In the aftermath of an auto wreck, your physical well-being needs to be your top priority. Your injuries can be serious even if you weren’t traveling at a high rate of speed and even if you don’t notice any obvious issues right away. This isn’t the time to shake things off, to try to be strong. Provided it’s safe to do so, be willing to stay right where you are until emergency medical professionals arrive and defer to their expertise regarding whether you should go to the hospital in an ambulance or seek medical care on your own.
Even if you’re able to move about under your own power, seek medical attention as soon as possible. Go immediately to the hospital or an urgent care facility, or make an appointment to see your personal physician.
When receiving medical treatment, be sure to tell doctors and nurses about anything that seems out of the ordinary. Don’t focus on obvious injuries—lacerations or broken bones—and neglect to mention the stiffness in your back or neck. Often, the injuries that seem the most insignificant at first end up being the most debilitating in the long run. In addition, be sure that medical professionals document everything in writing.
Step Two: Gather Information to Help Your Attorney
To the extent possible, try to gather as much information as you can about other parties and witnesses so that your lawyer can contact them and gather evidence to support your claim. It’s also helpful to get pictures of everything, including road conditions, weather, your injuries, and any damage to vehicles. You don’t need a special camera—the one on your phone is fine.
Contact Barnard, Mezzanotte, Pinnie & Seelaus
At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconferencing. To schedule an appointment, call us at 610-565-4055 or contact us online.
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A Safe Halloween is A Happy Halloween!
Negligent Entrustment—When You’re Liable for Someone Else’s Driving
Permitting an Incompetent, Reckless, or Unfit Driver to Use Your Car
In most situations involving injuries sustained in a motor vehicle accident, any claim for damages is made against the person driving the other vehicle. There are, however, instances where you can seek damages from a third-party—someone not even in the car at the time of the crash. Some examples include claims against employers for accidents caused by their employees, claims against parents for accidents caused by their teenage children, and claims against manufacturers, designers, and sellers for accidents caused by dangerous or defective products.
One of the legal principles that can be used to hold a parent liable for the acts of a child is negligent entrustment, which actually has a more expansive application under the law. It imposes liability in any situation where you knew or should have known that the person you allowed to use your car lacked the competency to do so safely.
When Does the Doctrine of Negligent Entrustment Apply?
The legal theory of negligent entrustment holds that you may be liable if you let an incompetent, reckless, or unfit person operate your vehicle, and they cause an accident. There are many situations where the doctrine can apply:
- Where you knew or should have known that the driver lacked the necessary experience and skills to safely operate a car, whether because of lack of training, age, or inexperience
- Where you knew or should have known that the driver had mental health issues or other health issues that impaired his or her ability to safely drive a motor vehicle
- Where you knew or should have known that the person’s advanced age, fragility, lack of attention span, or other issues rendered him or her unsafe behind the wheel
- Where you knew or should have known that the person taking your car was under the influence of drugs or alcohol
Contact Barnard, Mezzanotte, Pinnie & Seelaus
At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconferencing. To schedulean appointment, call us at 610-565-4055 or contact us online.
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Personal Injury Claims—What Do You Have to Prove?
What Are the Elements of a Successful Personal Injury Lawsuit?
When you have been hurt in an accident—whether a motor vehicle collision, slip-and-fall, malfunction of a household appliance, or mishap at work—you hope that the person who caused the accident (or the appropriate insurance company) will cover all your losses. Unfortunately, that rarely happens. To get the monetary award you need to compensate for all your losses, you typically have to bring legal action against one or more parties. You might be able to settle your claims before trial, but otherwise, you must bring your case to a judge and jury to get the outcome you want and deserve. This article provides a broad overview of what you must demonstrate to the court in order to get a ruling in your favor.
The Legal Principle of Negligence
As a general rule, most personal injury cases are based on the legal theory of negligence. To successfully prove negligence, you must show three things:
- That the defendant (the alleged wrongdoer) did not act as a reasonable person would at the time of the accident;
- That the defendant’s failure to act in a reasonable manner caused the accident; and
- That, as a consequence of the accident, you suffered actual losses.
In the American civil justice system, there is no written law or rule specifying what conduct is considered reasonable. Instead, that question is resolved by the jury on a case-by-case basis. Juries are bound to follow prior rulings so that there’s consistency in the application of the law.
To establish cause, you generally must prove two things: that the accident would not have occurred had the defendant not acted unreasonably; and that the accident and the ensuing injuries were a reasonably foreseeable result of the failure to act reasonably.
Finally, you must demonstrate to the court that you had actual losses. If your injuries and damages were all covered by insurance, there’s no actual loss—you can’t recover twice for the same loss. Furthermore, if you had property damage, but the property had no recognized value, there’s no actual loss.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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When Mechanic Carelessness Leads to a Motor Vehicle Accident
Can You Bring Legal Action Against the Shop or Mechanic?
One of the keys to minimizing the risk of a motor vehicle accident is regular maintenance of your vehicle—for example, making certain brakes are functioning well and that your car will respond properly in an emergency. But what if mistakes by a mechanic cause you to crash? What if brakes are installed incorrectly, or a mechanic fails to properly secure the lug nuts when rotatingyour tires? Can you bring legal action against the mechanic or garage for injuries or property damage?
The simple answer is that you can always bring legal action to recover losses caused by someone else’s negligence. In practice, though, it can be difficult to establish that the mechanic was negligent and that the negligence caused your accident.
To succeed with a negligence claim, you must show that the defendant (the party from whom you are seeking compensation) failed to act as a reasonable person would, or in other words, that they “breached” the standard of care expected. That standard is not set forth in a statute but is usually determined by a jury. In a lawsuit, the jury looks at the conduct of the defendant and asks, “Did the defendant act as a reasonable person would?” If the answer is no, the defendant may be liable.
To find the defendant responsible, the jury also must determine that the failure to meet the standard of care caused an accident. Issues of causation often come up with respect to finding a mechanic or repair shop liable. Is there credible evidence to show that the accident would not have happened but for the mechanic’s carelessness? Did any other factors intervene and cause the accident?
If you can show that the mechanic acted negligently, and that the breach of the duty of care caused your accident, you have a good chance of recovering from the shop, as well as the mechanic. Under the legal theory of respondeat superior, an employer is typically responsible for the negligence of an employee acting in the ordinary performance of his or her job.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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Protecting Your Rights After a Car Accident
What If Your Injuries Are Not Immediately Apparent?
When you’re hurt in a motor vehicle accident caused by the negligence of another person, you have a right to seek compensation for your injuries, even those you’re not immediately aware of. You might have soft-tissue injuries—sprains, strains, or bruising—that don’t fully manifest for days or weeks. The adrenalin your body produces as a result of the accident can mask pain and discomfort. What steps should you take to ensure that you’ll be able to recover for all your losses, even those that are not readily apparent?
Seek Medical Attention After Any Car Crash
Whether it’s a fender-bender or a head-on collision, you should always get medical care after an auto accident. If you are in significant pain; have trauma to your head, neck, or back; or cannot get up and move on your own, wait for an ambulance and emergency medical technicians, and defer to their expertise. If you have any type of bump to the head, let the emergency medical personnel determine whether you should go to the hospital. The sooner you have a concussion diagnosed, the better your chances of a full recovery.
If you can walk away, go immediately to a hospital, urgent care facility, or personal physician. Tell medical professionals exactly what happened, making certain you talk about anything that seems out of the ordinary. Don’t focus only on your broken leg and forget to mention the minor stiffness in your back. Your leg may heal long before your back does.
Don’t Settle with An Insurance Company Until You Hire an Attorney
Be prepared for persistent communication from insurance adjusters, who will be friendly in hopes that you’ll take a quick settlement. It’s in their interest to pay you as little as possible to settle your claim. That’s how they maximize their profit. Your attorney, on the other hand, has a vested interest in maximizing the amount you receive. Let your lawyer deal directly with any insurance company.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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Potentially Liable Parties in a Motor Vehicle Accident Claim
Who Can You Sue for Damages after a Car Crash?
In the aftermath of a car, truck, or motorcycle accident, you typically look to the party driving the other vehicle (or his or her insurance company) to recover your losses. But is that the only potential source for compensation? What if the other driver is uninsured or has only minimal insurance coverage? What are your other options
As a general rule, most motor vehicle accident claims are based on a legal theory of negligence, which requires you to show that the person being sued failed to act reasonably, causing an accident that resulted in your injuries. However, the person you sue need not be the other driver. Here are examples of other parties who can have legal responsibility for a motor vehicle accident
- An employer—If the at-fault driver was in the course of his or her employment, you may have a claim against the employer.
- A provider of alcohol—Under dram shop and social host liability laws, you may be able to seek damages from a person or establishment that served alcohol to the at-fault driver. In Pennsylvania, you must prove that the person was visibly intoxicated when served.
- The owner of the car—If the owner of the vehicle allowed someone to borrow it, knowing that the person either lacked the skills to drive or had a history of unsafe driving practices, you may be able to sue the owner.
- The manufacturer of a defective product—You may have a product liability claim if you can show that careless product design or manufacturing practices caused the accident or contributed to your injuries.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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No-Contact Motorcycle Accidents in Pennsylvania
Can You Recover for Your Losses When There’s No Collision?
It’s fairly common knowledge that the risk of injury is significantly higher when riding a motorcycle than when in a passenger vehicle. With only two wheels, it can be much harder to maintain control of your bike if another motorist carelessly veers into your path. You can easily crash and suffer injury even without impact. If that happens, can you still seek compensation for your injuries?
Filing a Lawsuit for a Motorcycle Accident Injury
There is no requirement of contact for a motor vehicle accident claim to be valid. Instead, a jury considers whether there was negligence.
In virtually all personal injury claims, including motorcycle-related actions, the legal basis for recovery is the principle of negligence. Under the theory of negligence, everyone in society, including anyone behind the wheel of a motor vehicle, has a legal obligation to act reasonably in all endeavors. To succeed in a negligence-based claim, you must prove three things:
- The defendant (the potentially at-fault party) failed to act reasonably;
- The failure to act reasonably caused an accident; and
- You suffered actual losses as a result of the accident.
There is no codified law governing what behavior is reasonable. Instead, the jury looks at the actions of the defendant and determines whether they were reasonable. The jury, however, cannot arbitrarily decide on the required standard of care but must generally adhere to the precedent established in prior similar cases.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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Are the Roads Safer in Pennsylvania Because of Shelter-in-Place?
Statistics Show Tradeoff—Fewer Accidents but More Serious Crashes
Researchers have long known that the number of motor vehicle accidents correlates with the number of cars on the road and amount of time spent driving. The accident toll typically fluctuates when gas prices change—accidents go up when gas prices go down, and vice versa. With Pennsylvania on lockdown for most of the last two months, the reduced number of motorists on the roadways would seem to translate to fewer accidents and safer roads. Is that what’s really happening?
Though statistics are not available for Pennsylvania, evidence from other states suggests the dramatic decline in motorists on the streets and highways across the country has indeed led to fewer accidents. However, a higher-than-normal percentage of those accidents are serious or fatal.
The decline in the number of accidents is easily explained. Research has shown that the number of accidents is fairly predictable, based on the number of miles traveled by motorists. That accident rate has changed very little, despite efforts to make roads safer. Accordingly, when traffic decreases dramatically—California and New York both report traffic to be down more than 50%—the raw number of accidents goes down.
But what accounts for the higher percentage of serious and fatal accidents? New York City had more traffic fatalities in March 2020 than the same period a year earlier, even though there was an 80% decrease in vehicle miles. Experts say that, with fewer vehicles on the roads, motorists are traveling at much higher speeds. The average speed on one section of the Brooklyn-Queens Expressway was four times faster this March than it was a year ago.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.