People sometimes disregard car accidents as common facts of life, but many accidents are incredibly serious. If you were hurt in a crash, an attorney can help you recover damages to pay for your considerable expenses.
There are numerous major roads and highways around Allentown where car accidents might occur. After a crash, you might have several legal options, including filing an insurance claim and a personal injury lawsuit, depending on your circumstances. Injuries can be severe, and a litany of injuries are possible. Some common car accident injuries include broken bones, brain injuries, and whiplash. Damages can also be severe, and economic and non-economic losses and injuries must be accounted for to maximize your potential compensation. To recover these damages, you must have evidence.
Contact The Reiff Law Firm at (215) 709-6940 for your free case review with our car accident attorneys.
Where a Car Accident Might Happen in and Around Allentown, PA
Allentown may be Pennsylvania’s third-largest city but is also the state’s fastest-growing city. While Allentown has long been overshadowed by Pittsburgh, Philadelphia, and even nearby Bethlehem, the city is positioned to expand and develop more extensively due to its access to regional roads and its numerous local roads linking the city to these throughways and expressways.
Major roads linking Allentown with commercial centers include I-78, linking the city with Harrisburg and New York City; US 22, running from Cincinnati to Newark, PA 390 allows travel to and from Philly and the Poconos, and the Pennsylvania Turnpike allows travel to Plymouth Meeting & Clarks Summit.
Allentown is well-connected to various expressways through major roads such as Hamilton Blvd, Airport Rd, Fullerton Ave, PA 145, Lehigh St, and Union Blvd. These roads provide easy access for commuters and travelers, making transportation in and out of the city a breeze.
While most trips on these highways and connecting roads are completed without complications or other events, an accident is always possible.
Steps to Take After a Car Accident in Allentown, PA
Experiencing a car accident can be a traumatic and unsettling event. It can be challenging to know what to do next, especially if you are in shock or have sustained injuries. However, taking the appropriate measures following a car accident in Allentown is crucial for protecting your legal rights and obtaining fair compensation. By following the steps below, you can ensure that your legal case begins on the right foot.
Ensure Your Safety
In the event of an accident, your safety should be your top priority. If you find yourself in a situation where your safety is at risk, quickly assess your surroundings and move to a safe location if possible. This may involve moving your vehicle off the road and onto the shoulder or median or simply getting out of harm’s way if you’re a pedestrian.
Once you’re in a secure location, activate your hazard lights to alert other drivers of the situation. This will help prevent further accidents and ensure that everyone involved is aware of the potential danger.
After you have signaled for help, check yourself and any passengers in your vehicle for injuries. Even if you do not see any visible injuries, it is still a good idea to get checked out by a medical professional, as some injuries may not be immediately apparent.
Call 911
To preserve information from your case, it is of utmost importance to immediately contact emergency services by dialing 911. This is particularly crucial if there are any injuries or significant property damage involved. The sooner you get in touch with the emergency services, the faster they can respond to the situation and provide the necessary assistance.
Having a documented report from the police can serve as valuable evidence for insurance claims and potential legal proceedings. Therefore, it is recommended to have them on the scene as soon as possible. In addition, a police report can help establish fault and liability, which can be crucial in case of a legal dispute.
Gather Evidence at the Scene
Exchange information with the other party involved. It is important that you obtain their full name, contact details, insurance information, and license plate number. This information will be critical when it comes time to file an insurance claim or lawsuit later.
In addition to this, it is highly recommended that you document the accident scene using your phone. This will help you to have a clear visual record of the damages and any injuries that may have occurred.
When documenting the accident scene, be sure to take clear and detailed photos of the damage to all vehicles involved, any debris on the road, and any traffic signals or signs that may have been affected by the accident. It is also important to take photos of any injuries sustained by you or any passengers in your vehicle.
It is also important to gather the names and contact details of any witnesses who may have seen the incident occur. Witness testimony can be extremely valuable in determining what happened and who is responsible. Make sure to ask for their account of the events, as well as any additional details they can provide. Remember, the more information you have, the better chance you have of resolving the situation fairly.
Seek Medical Attention
It is crucial to seek immediate medical attention after an accident, even if the injuries sustained appear to be minor. Sometimes, the symptoms of an injury may not be immediately apparent and may worsen over time if left untreated.
Seeking medical attention promptly not only ensures that all injuries are identified and treated appropriately but also creates a record of medical treatment that can serve as important evidence in case of any legal proceedings in the future. This record can be used to demonstrate that you sought treatment for your injuries and establish a direct link between the accident and the injuries you sustained. Moreover, it can also aid in getting appropriate insurance compensation for medical expenses, and it serves as proof of your damages.
Contact Our Firm
After receiving medical care, consider seeking legal advice from our team to assist you in recovering the full compensation you are entitled to. Our team is committed to providing you with the legal guidance you need to protect your rights and interests and help you maximize your compensation.
Our lawyers will carefully analyze your case and offer you personalized legal advice based on our extensive experience in handling car accident cases. We will help you understand your legal rights and options and provide you with an honest assessment of your chances of success.
In the event that an agreement cannot be reached with the other party or their insurance company, we can represent you in court and fight aggressively on your behalf. Our goal is to ensure that you receive the best possible outcome and that your rights are protected throughout the legal process.
Legal Options After a Car Accident in Allentown, PA
After a car crash, you can speak to our car accident attorneys about taking legal action and getting compensation from the other driver. Depending on your circumstances, you might have several options worth looking into, including insurance claims and personal injury lawsuits.
Insurance Claims
Pennsylvania is one of a few states that are no-fault insurance states. Drivers are generally required to carry personal injury protection (PIP) insurance that covers them regardless of fault. This means that after a car accident, drivers would file no-fault claims with their own insurance companies to get coverage. The upside to this system is that you should be covered regardless of who was at fault, and you do not have to worry about whether the other driver has insurance. The idea is that your no-fault insurance will cover your damages, and there will be no need to file a lawsuit. This way, drivers get their expenses paid for, and the justice system is somewhat relieved.
Unfortunately, many car accident victims have very high damages that are not fully covered by their insurance. At that point, filing a personal injury lawsuit against the other driver to recover additional damages might be a good option.
Lawsuits
While a lawsuit can help you recover damages not covered by your insurance, filing a case is not always possible. In Pennsylvania, drivers are required to choose between limited and full tort options when they purchase auto insurance. The option you select will determine whether you can file a lawsuit and how your case moves forward.
Under 75 Pa.C.S. § 1705(a)(1), a limited tort option, you and all members of your household covered by your insurance may seek damages related to medical expenses and other economic losses, but non-economic damages for things like pain and suffering are off limits unless your injuries are considered “serious injuries.”
Serious injuries are defined under 75 Pa.C.S. § 1702 and include personal injuries resulting in serious bodily function impairments, permanent serious disfigurement, or death.
A full tort option allows you and other members of your household covered by your insurance to file personal injury lawsuits for economic and non-economic damages without needing to prove serious injuries. This is a less restrictive but often more expensive option.
Time Limit to File a Car Accident Lawsuit in Allentown, PA
There is a time limit for filing your claim, known as the statute of limitations. In Allentown, the statute of limitations for car accident cases is two years from the date of the accident. This means that you have two years from the day of the accident to file a lawsuit against the at-fault driver for your injuries and other damages.
If you miss the two-year deadline, you will likely be barred from pursuing your claim in court. Once the statute of limitations has expired, you lose your right to seek compensation for your injuries and damages, regardless of how strong your case may be. Therefore, it is crucial to act promptly and speak to an experienced car accident attorney who can evaluate your claim, gather evidence, and file a lawsuit on your behalf within the prescribed time limit.
By filing a lawsuit within the statute of limitations, you can hold the responsible party accountable for their negligence and recover compensation for your medical bills, lost wages, pain and suffering, and other damages. Do not let the clock run out on your claim. Contact our team immediately to discuss your options.
Common Causes of Car Accidents in Allentown, PA
Unfortunately, many car accidents occur as the result of drivers’ negligent actions. The following are all common forms of negligence that lead to car crashes in Allentown:
Distracted Driving
One of the most common forms of negligent behavior that causes car accidents is distracted driving. This occurs when a driver diverts their attention from the road to engage in other activities. These distractions can include using a smartphone to text, make calls, or browse social media, eating, grooming, adjusting the radio, or interacting with passengers. Distracted driving significantly reduces a driver’s ability to react quickly to sudden changes in traffic conditions, pedestrians, or obstacles, increasing the risk of collisions.
Speeding
Speeding is another prevalent form of negligence that leads to car accidents. When drivers exceed the posted speed limits or drive too fast for road conditions, they have reduced control over their vehicles. Higher speeds also mean increased stopping distances, making it difficult to react in time to prevent accidents. Speeding drivers are less likely to perceive and react to potential hazards, and the force of impact in a crash is magnified, resulting in more severe injuries and damages.
Reckless Driving
Reckless driving involves operating a vehicle with a willful and wanton disregard for the safety of others on the road. This includes aggressive behaviors such as tailgating, swerving in and out of traffic, street racing, and running red lights or stop signs. Reckless drivers put themselves and others at significant risk, as their erratic and unpredictable actions can cause catastrophic accidents with devastating consequences.
Driving Under the Influence (DUI)
Driving under the influence of alcohol or drugs is a dangerous form of negligence that frequently causes car accidents. Impaired drivers experience reduced coordination, slower reaction times, and impaired judgment, leading to poor decision-making on the road. Alcohol and drugs can also impair a driver’s ability to maintain proper lane positioning and follow traffic signals, increasing the likelihood of collisions.
Tired Driving
Tired driving occurs when a driver operates a vehicle while excessively fatigued or drowsy. This form of negligence can be as hazardous as driving under the influence. Fatigued drivers may experience microsleep episodes, where they briefly fall asleep without realizing it. This can lead to drifting out of lanes or failing to respond to sudden changes in traffic, contributing to accidents.
Failure to Follow Traffic Laws
Negligence can also occur when drivers fail to adhere to traffic laws and regulations. This can include failing to yield the right-of-way, not stopping at stop signs or red lights, improper lane changes, and not using turn signals. When drivers do not follow these essential rules, it creates confusion and increases the chances of collisions.
Inadequate Vehicle Maintenance
Negligence isn’t limited to driver behavior alone; it can also result from inadequate vehicle maintenance. When drivers neglect to properly maintain their vehicles, it can lead to mechanical failures on the road. Brakes that do not work correctly, worn-out tires, or malfunctioning headlights can all contribute to accidents, especially in adverse weather conditions.
Tailgating
Tailgating, or following too closely to the vehicle in front of you, is a form of negligence that often results in rear-end collisions. When drivers tailgate, they leave insufficient space to react if the leading vehicle suddenly brakes or encounters an obstacle. This lack of stopping distance increases the likelihood of collisions, especially during heavy traffic or in congested areas.
Common Injuries Suffered by Car Accident Victims in Allentown, PA
Car crashes can result in several different types of debilitating and painful injuries. Fortunately, if you suffered any of the following as a result of your collision, then you may be entitled to financial compensation:
Whiplash
Whiplash is a common injury experienced by car accident victims, particularly in rear-end collisions. It occurs when the head and neck are forcefully jerked back and forth, straining the soft tissues and ligaments in the neck. Whiplash symptoms include neck pain, stiffness, headaches, and sometimes, shoulder or back pain. Medical treatments for whiplash may include rest, pain medication, physical therapy, and gentle neck exercises to improve flexibility and strength. In severe cases, a neck brace or collar might be prescribed to support the neck during the healing process.
Fractures and Broken Bones
Car accidents can result in fractures and broken bones in various parts of the body, such as the arms, legs, ribs, and pelvis. The severity of these injuries can range from simple fractures to complex compound fractures that require surgical intervention. Medical treatment for fractures involves setting the bone in place, either through casting or surgery, to promote proper healing. Immobilization is often necessary to allow the bones to mend correctly. Physical therapy may follow to restore mobility and strength once the bones have healed sufficiently.
Traumatic Brain Injuries (TBIs)
TBIs are serious and potentially life-altering injuries that occur when the brain sustains a sudden impact or a penetrating injury during a car accident. Concussions are a common form of mild TBI. More severe TBIs can lead to brain contusions, hematomas, or diffuse axonal injuries. Medical treatments for TBIs depend on the severity of the injury. Mild cases may require rest and monitoring, while more severe cases might necessitate hospitalization, surgery to remove hematomas, and ongoing rehabilitation, including physical, occupational, and speech therapy.
Spinal Cord Injuries
Spinal cord injuries are some of the most devastating consequences suffered by car accident victims. They occur when the spinal cord sustains damage, leading to partial or complete paralysis below the site of the injury. Immediate medical attention is crucial to prevent further damage. Treatment for spinal cord injuries focuses on stabilizing the spine to prevent further harm and may involve surgery to remove bone fragments or foreign objects. Rehabilitation programs play a significant role in helping victims adapt to their new circumstances, and they include physical therapy, occupational therapy, and counseling.
Soft Tissue Injuries
Soft tissue injuries encompass a range of damage to muscles, tendons, and ligaments, such as sprains, strains, and contusions. These injuries often cause pain, swelling, and limited mobility. Treatment for soft tissue injuries involves the RICE protocol: rest, ice, compression, and elevation. Pain medication and anti-inflammatory drugs may also be prescribed to manage discomfort and reduce swelling. Further, physical therapy can aid in the recovery process, helping to restore function and prevent long-term complications.
Internal Injuries
Car accidents can lead to various internal injuries, including damage to organs like the liver, spleen, kidneys, or lungs. Internal injuries may not always be immediately apparent, making prompt medical evaluation critical after an accident. Treatment for internal injuries depends on the specific organ affected and the severity of the damage. In some cases, surgery may be necessary to repair or remove damaged organs. Close monitoring and supportive care are essential for a successful recovery.
Post-Traumatic Stress Disorder (PTSD)
Not all car accident injuries are physical; many victims experience psychological trauma. PTSD is a mental health condition that can develop after a distressing event like a severe car crash. Symptoms may include flashbacks, nightmares, anxiety, and avoidance behaviors. Treatment for PTSD often involves psychotherapy, such as cognitive-behavioral therapy (CBT) and eye movement desensitization and reprocessing (EMDR), to help the individual process and cope with the trauma.
Potential Damages in Allentown, PA Car Accident Cases
Injuries, losses, expenses, and painful experiences may be summed up in a single legal term: damages. Your damages represent everything you lost or endured because of your car accident. Some damages are based on actual amounts of money you lost or had to spend, while others are based on more subjective experiences. Our lawyers can assist you in calculating your damages so nothing is overlooked.
In car accident cases, economic damages often include medical bills, lost income, and property damage. Medical bills are known for being high, even if injuries are minor. When injuries are severe, medical bills can be astronomical. Even with health insurance, your deductibles might be significant. Additionally, injured drivers tend to lose income because they must take time away from work to recover. The longer you are out of work, the greater your economic losses. Finally, vehicles are not cheap to repair or replace, and the cost of repairing your car should be included in the assessment of your damages.
Non-economic damages are different because they are often not connected to a particular sum of money or value. Instead, non-economic damages reflect subjective experiences you went through during and after the crash. For example, your physical and emotional pain and suffering may be factored into these damages. In especially serious and traumatic accident cases, these damages are significant. Examples of other non-economic damages include humiliation and damage to your reputation.
Evidence to Support Your Claims in a Car Accident Case in Allentown, PA
In order to recover monetary damages in a car accident lawsuit, you will need to present evidence that proves the defendant is at fault for your crash. There are several types of evidence that may be used to accomplish this task. For example, the following are all examples of evidence regularly utilized by our car accident attorneys:
Witness Statements
Witness statements are essential pieces of evidence in car accident cases. These statements come from individuals who witnessed the accident as it happened or arrived shortly after the incident. Witnesses can provide an unbiased account of the events leading up to the crash, the actions of the drivers involved, and the overall circumstances.
Their statements can help establish the sequence of events, the behavior of the drivers, and who might have been at fault. Witness credibility is crucial, and their statements can carry significant weight in determining liability.
Surveillance Footage
Surveillance footage from nearby businesses or traffic cameras can be valuable evidence in car accident cases. Cameras may have captured the accident as it occurred, providing an objective and visual record of the events.
This footage can help corroborate witness statements, fill in any gaps in the narrative, and provide critical details that may not be immediately apparent from photos or testimonies. Surveillance footage can be particularly useful in cases where fault is disputed, as it offers an unbiased account of the accident.
Photos from the Scene
Photographs taken at the scene of the accident can be powerful evidence in demonstrating fault. These photos capture the position of the vehicles, the condition of the road, traffic signals, road signs, and any visible damage to the vehicles involved.
Clear and well-documented photos can help recreate the accident scene, providing valuable insights into factors that contributed to the crash. For example, skid marks, road debris, and property damage can provide clues about how the accident occurred and which driver may have been at fault.
Expert Witness Statements
Expert witnesses are professionals with specialized knowledge or expertise relevant to the car accident case. In car accident cases, various experts can be called upon, such as accident reconstruction specialists, biomechanical engineers, or medical professionals.
Accident reconstruction experts can analyze the evidence and data to create a scientifically-based reconstruction of the accident, helping to determine the sequence of events and contributing factors.
Biomechanical engineers can assess the forces involved in the collision and the potential for injury. Medical experts can provide insight into the extent of injuries and how they relate to the accident’s mechanics. Expert witness statements add credibility and a deeper understanding of the accident’s technical aspects, which can be pivotal in proving fault.
Personal Recollections
Finally, your personal recollection of your accident can be used to establish fault. It is difficult to know which details surrounding your collision will become important during the later stages of your case.
Therefore, immediately after your accident, you should attempt to record all of the details you remember while your memory is fresh. The information you record may be very helpful when proving your case.
Our Allentown, PA Car Accident Lawyers Are Here to Help
For a free case assessment, speak with our car accident lawyers at The Reiff Law Firm today at (215) 709-6940.
