Car accidents—both minor and serious—take place in Bethlehem every day. When they do, they inevitably create a frenzy. You are injured, in pain, perplexed, and full of questions: What do I do now? Who is at fault? Will I be able to pay my medical bills? Will my insurance cover everything? Will my rates go up? When will I be able to go back to work?
In order to get past your frenzy, you should contact a Bethlehem car accident lawyer as soon as possible. There are many reasons to do so—reasons that go beyond simple peace of mind. A skilled accident lawyer can explain your legal options and answer questions about such things as liability, accident reconstruction, and the complexities of PA car insurance. If you hope to win a case in court, or even to secure a sizeable settlement from the other driver’s insurance provider, enlisting the help of legal counsel demonstrates to all the parties involved that you are serious about your recovery.
The car accident lawyers at the Reiff Law Firm have been helping victims of car accidents for three decades, making sure they receive the support and compensation they deserve and ensuring that all responsible parties are held accountable. Call (215) 709-6940 to schedule a free consultation.
Most Traveled Roadways in Bethlehem
Bethlehem, located in the Lehigh Valley of Eastern Pennsylvania, is the seventh-largest city in Pennsylvania. Being a highly populated city, it is no surprise that car accidents are a frequent occurrence. There were over 3,600 car crashes in the Lehigh Valley in 2019, 25 of which involved fatalities. Some of the most dangerous roads in the area are listed below.
- PA Route 378
- PA Route 412
- Interstate 7
While weather conditions and road construction contribute to traffic problems in Bethlehem, the majority of car accidents in the city involve driver error. Distracted driving, speeding, and driving under the influence of drugs and alcohol are all factors to be considered in determining liability—something that requires a skilled accident attorney.
Common Causes of Car Accidents in Bethlehem, PA
As stated above, driver error one of the primary reasons car accidents occur. The type of mistakes varies and each will result in a different approach to a personal injury lawsuit. Some of the most frequent causes for automotive vehicle accidents are discussed below.
Distractions
Cellphones, car features, and other passengers are just a few of the many distractions Bethlehem drivers face. When a driver is not paying attention or is completely unaware of the situation around them, even for a second or two, accidents happen.
Driving Under the Influence of Drugs or Alcohol
There were over 9,000 alcohol-related can accidents in Pennsylvania in 2019. Alcohol and drugs impair a driver’s physical and mental capabilities. Often, an accident results from an intoxicated driver operating their vehicle recklessly, such as speeding, ignoring traffic lights, or other dangerous behaviors. Even while not driving recklessly, drivers who are inebriated have delayed reaction times, which can be critical to avoiding an accident.
Reckless Driving
Reckless driving includes a wide range of dangerous conduct. Whether it is speeding, tailgating, changing multiple lanes, or failing to adhere to other traffic regulations, reckless driving puts the driver and others at unreasonable risk. Predictability in driving patterns is vital to help ensure accidents do not occur.
Weather Conditions
Inclement weather is not uncommon in the Lehigh Valley area, including snowstorms and torrential rain. When road surfaces are slippery or visibility limited, accidents are more likely to occur. Drivers must factor bad weather into their decisions. Sometimes, driving the speed limit is dangerous, and drivers must adjust their operating practices accordingly or risk causing an accident.
Defective or Unroadworthy Cars
Most accidents occur because of driver mistakes or carelessness. However, there are times where the car itself contributes to an accident or injury. If the brakes malfunction or a tire blows, a driver could quickly lose control of their vehicle. Additionally, a broken headlight or taillight could make a car difficult to see at night. In some cases, the problem is in the manufacturing process, while in others, the owner allowed their car to fall into disrepair.
Negligence in a Bethlehem Car Accident Case
The purpose of a personal injury claim after a car crash is to recover your economic and non-economic losses. Our experienced Bethlehem car accident lawyer will have to establish that another driver or party was liable for your injury. Most personal injury lawsuits for car accident injuries operate under a theory that the defendant was negligent. The legal theory of negligence contains four necessary and distinct elements that a plaintiff must prove to recover. Those elements, described below, are duty, breach of duty, causation, and damages.
Duty of Care
Satisfaction of the first element requires a showing that a duty of care existed. “Duty of care” is a legal obligation between people or other entities that is created by certain relationships, such as property owner and guest or doctor and patient. This obligation is defined by the relationship between the plaintiff and defendant. For example, a motorist in Bethlehem has a legal obligation to operate their vehicle in such a manner as not to hurt other drivers, passengers, or pedestrians.
Breach of Duty
Our office will have to prove that the defendant breached the duty of care. If a driver in Bethlehem is driving while drunk, texting, or otherwise not complying with traffic rules and regulations, they are breaching their duty. However, not every breach requires a violation of the law. For instance, a motorist could change lanes without checking their mirrors first and collide with another vehicle. In some cases, demonstrating a breach of duty is the most challenging part of a lawsuit.
Causation
The third element is causation. Causation simply means that the defendant’s conduct caused the plaintiff’s injury. If your back and neck are injured because of the impact of a rear-end collision, then it seems evident that the defendant’s behavior caused your injury. When multiple cars are involved or if how the accident occurred is in question, proving causation could be complicated.
Damages
The final element, and the reason for most lawsuits, is showing that the plaintiff suffered real and quantifiable damages. Damages are monetary losses such as medical costs and lost income. Also included is the emotional and mental distress an accident victim suffered because of the accident.
Proving a Case in a Car Accident Lawsuit
To prevail in a personal injury lawsuit, a plaintiff must establish duty, breach, causation, and damages. The evidence required to prove these four elements depend on the type of accident and other factors.
Our Bethlehem car accident attorneys will investigate the accident to determine what occurred. Some of the evidence that is useful in proving liability includes police reports, medical documentation, witness testimony, and photographs of the accident scene. If you are involved in a car crash, taking pictures immediately following the accident could prove invaluable when formulating a legal strategy. In some cases, surveillance video from a neighboring business or a dashcam on one of the vehicles involved will provide crucial evidence. One of the reasons you should not hesitate in contacting an attorney is that some evidence could be lost or become unavailable over time.
Sometimes, our office will turn to expert opinions to provide compelling evidence. For example, an accident reconstructionist might be required to recreate the accident. Additionally, a physician could speak to the severity of your injuries and the treatment or physical therapy you would need in the future. When calculating lost income, especially if your injury has limited your ability to work in the future, a financial expert could be called upon to value your lost earning capacity.
How Long Do You Have to File a Car Accident Claim?
Before thinking about filing a personal injury claim after a car accident in Bethlehem, you might be required to file a report with the Pennsylvania Department of Transportation. Under Pennsylvania law, you must file an accident report within five days of the incident if the police did not investigate the crash, anyone was injured or killed, or if there was significant property damage. If you were involved in an accident and failed to report it, your license could be suspended.
There is also a time limit to file a personal injury claim after a car accident. Under Pennsylvania’s statute of limitations, an accident victim must file a claim within two years of the crash. If you fail to file your case within this period, you could be prohibited from filing a case at all. For example, if John is in a car accident on March 5, 2020, he has until March 5, 2022 to file his lawsuit with the clerk of the court. If he files his lawsuit on March 6, 2022, his case will be dismissed.
Just because you have two years does not mean that you will be fine if you wait 23 months before contacting an attorney. While the purpose of the statute of limitations is to protect defendants from lawsuits years after vital evidence is no longer available, it also encourages potential plaintiffs to quickly move forward with their claims. Evidence is just as important for the plaintiff as it is for the defendant. Substantial time gaps between accidents and the filing of the subsequent lawsuit often suggest that the plaintiff is not serious or optimistic about their chances to recover. Further, thoroughly preparing and filing a lawsuit for injuries sustained after a car accident may take some time. You should not have to rush something that could be so critical for your recovery.
To avoid any chance that you run up against the two-year deadline for filing your lawsuit after being injured in a car accident, it is critical that you speak to one of our Bethlehem car accident attorneys as soon as possible.
Why You Should Retain a Bethlehem Attorney as Early in the Process as Possible
The two-year statute of limitations is one reason why it is critical to speak with an attorney soon as possible. Building a compelling and potentially winning case takes time. If you wait until the last minute to contact an attorney, you significantly restrict their ability to do their job for you.
Proving who was at fault in a car accident requires evidence. The best possible evidence is usually available immediately following an accident. If you failed to take photographs of the crash site at the time of the accident, allowing too much time to pass makes it exceedingly difficult to determine what happened and what contributing factors could have existed. Road conditions change. Investigating the accident scene within a day or two of the crash is a critical part of an accident inquiry.
Video evidence is sometimes available in a car accident case. Both businesses and homes are equipped with surveillance cameras. However, the footage is typically erased within 24-hours or a couple of days. If our office is unable to send a preservation letter or contact the camera owner, valuable footage could be lost forever. When attempting to prove fault, a video of the accident could be helpful.
Witness testimony is also helpful to understand how an accident occurred. By gathering statements within a few days following a crash, our Bethlehem accident attorneys can ensure that any witnesses provide fresh recollections. If our office speaks with a witness for the first time months after a crash, the weight of their testimony is not as strong. Furthermore, if you wait months, some witnesses might have moved or changed their contact information.
One of the key elements in a negligence case is proving your injuries were a direct result of the accident. This is demonstrated by producing medical evidence, including doctor’s reports, treatment histories, and diagnostic test results. If you fail to trace your injuries to the accident, then you are unlikely to prevail in a personal injury case. When you contact our experienced Bethlehem car accident attorneys immediately after an accident, our office will start working with your healthcare providers and other medical experts to collect evidence linking your injuries to the crash.
Getting a Copy of the Police Report in Bethlehem
One of the things you should do after a car accident is to contact the police. In some situations, you are required to do so under Pennsylvania law. However, even if you think the crash does not warrant the police, it is still a good idea. Having a police report filed could protect you if another driver changes their story and attempts to sue you after the fact. Furthermore, if you were injured and did not realize it at the time, having a police report will assist our Bethlehem car accident attorneys to begin building your case.
A police report will contain valuable information, including the names of the parties involved in the crash, the time, date, and location of the accident, and any conditions that could have contributed, such as weather or road hazards. The report will also list any potential witnesses. Perhaps the most important information on the accident report will be a list of any citations and a description of what occurred based on the responding officer’s investigation. If another driver received a citation for speeding or drunk driving, it could go a long way in demonstrating negligence and liability.
If you are not provided with a copy of the report at the accident scene, there are ways to request a copy. However, you must wait at least fifteen days after the incident. To request a copy of your report, follow the steps listed below.
- Go to the Pennsylvania State Police Department
- Download and print the Application to Obtain a Copy of a Police Report.
- Complete the form. You will need to provide some basic information about yourself, the accident, and the reason why you are requesting the report.
- Send the application and a $22 fee to Pennsylvania State Police, Attn: Crash Reports Unit, 1899 Elmerton Avenue, Harrisburg, PA 17110.
Once you have a copy of your report, you should keep it in a safe place until your case is resolved. Any insurance companies involved in the accident could also request a copy. Insurers use this information during the settlement process. You should also provide a copy of the report to our Bethlehem car accident attorneys. It could serve as an essential component in supporting your claim.
Damages Available in a Car Accident Claim
If you were injured because of another’s negligence, you are entitled to recover damages. Damages are how the law defines the compensation that you are owed to make things right after a car accident caused you physical, financial, and psychological harm.
There are two key theories of damages that are available to every car accident injury victim in Bethlehem: economic and non-economic damages. There is also a third form of damages (called “punitive damages”) that is available only in certain circumstances.
Economic Damages
Economic damages include all your direct financial losses due to the injury. For example, you could recover any medical expenses, such as co-pays and deductibles. Medical expenses also include hospitalization, physical therapy, medication, and even parking fees for doctors’ appointments.
Economic damages will also cover any wages that you may lose out on while recovering from your injuries. If you were in line for a promotion or significant pay raise that was destroyed as a result of the accident, economic damages may include your loss of earning power. If your injuries leave you indefinitely or permanently unable to perform the critical functions of your job or field, loss of employment may factor into the calculation.
Non-Economic Damages
Non-economic damages are those intangible damages arising from your injuries, such as emotional distress, mental anguish, and other subjective harm. Because these intangibles cannot so easily be tallied up on a spreadsheet, it takes a seasoned legal eye to come up with appropriate figures. Our Bethlehem car accident lawyers will reference existing caselaw and your particular circumstances to place a reasonable value on your non-economic damages.
Calculations of non-economic damages, particularly for the purposes of settlement offers, will hinge substantially on the background of the victim involved. For instance, in a situation where a car accident victim suffered a broken collarbone, the economic damages associated with medical care costs might be the same irrespective of the victim’s identity. However, if the victim were a highly acclaimed college athlete who was forced to forgo her athletic pursuits, non-economic damages might be more substantial than they would for a non-athlete.
Punitive Damages
While not universally available for car accident victims, punitive damages are almost always the most substantial award offered in terms of value. Punitive damages are not necessarily related to the victim’s injury, but rather the defendant’s conduct. Punitive damages are designed as a punishment for defendants whose conduct was grossly negligent, malicious, or intentional, as well as a deterrent against others who might otherwise entertain the possibility of following in their footsteps. Common instances where punitive damages are awarded include accidents that result from drunk driving or drag racing.
Though rare, punitive damages are incredibly significant. Our Bethlehem car accident lawyers will thoroughly review your case to determine how likely a court might be to award punitive damages.
Dealing with Insurance Companies After a Car Accident in Bethlehem
Once you or the other driver reports the accident to their insurance company, expect an insurance representative to contact you soon after. These representatives, called insurance claim adjusters, are tasked with investigating the incident and determining how much they may owe. However, these claims adjusters are motivated to try to limit your recovery, as their company is signing the checks. For this reason, they may employ tactics to try to get you to make a mistake that ultimately may cost you some or all of the money that you are rightfully owed.
Insurance representatives may attempt to get you to provide your own account of how the accident transpired. They may even have their own version of events that they may try to get you to confirm. This is a strategy that the insurance company employs to try to get potential plaintiffs talking, in hopes that they slip up and say something that works against them. Anything that a claimant says to an insurance representative is admissible in court. Even a blanket apology may be used to imply that you are acknowledging some fault for the accident. It is best to not say anything at all and let your Bethlehem car accident lawyer do the talking for you.
You may also be offered a settlement deal by the insurance representative. The settlement deal will essentially be an offer of some amount of money in exchange for your agreeing to waive your right to bring your case to court. Be wary of initial settlement offers, as they often represent a very low figure in comparison to what you may stand to gain if you pursue your case further. Remember, you can negotiate and agree to a settlement at any point before and even during your lawsuit. Many lawsuits are settled on the first day of the trial. Typically, settlements that are agreed to later in the process are more substantial than those accepted early on.
In short, if you are contacted by insurance representatives after a car accident in Bethlehem, remember the following: do not apologize, do not sign anything, and let your Bethlehem car accident lawyers do the work for you.
Our Bethlehem Car Accident Lawyers Can Help
If you are involved in a car accident in Bethlehem, you need to know that all responsible parties—other drivers, auto manufacturers, air bag companies, etc.—will be held accountable for their negligent actions. Above all, you need to know that you will receive the compensation to which you are entitled. Contact one of the Bethlehem car accident lawyers at The Reiff Law Firm today, by calling (215) 709-6940 and setting up a free, complimentary consultation.
