Our attorneys fight for you after a car accident. If you suffered injuries, we expect defendants to pay you every cent they owe you, plus compensation for lost wages and pain and suffering.
We are experienced litigators, taking our clients’ cases to court. Especially when commercial drivers or truckers are involved, we will fight these companies and seek punitive damages for reckless or repeat behaviors. Trust our aggressive representation to protect you and your rights.
For a free case evaluation, call The Reiff Law Firm today at (215) 709-6940 for a free case review.
Our Approach to Car Accident Claims
Our car accident attorneys are experienced litigators. This means that we take our cases to court rather than relying on insurance to pay you.
Insurance companies often pay low-dollar “nuisance” settlements, as they are known. These might cover some of your medical bills, but they often involve just enough coverage so that settling seems better than going to court. In reality, this only saves insurance companies money and fails to cover your bills.
In court, we can seek full compensation for medical bills, including future damages you will face going forward. We can also seek lost wages, both from what you faced so far and what you will face going forward with a disability.
Lastly, pain and suffering is vital. These damages can be more than half of your total damages, especially in serious injury cases.
Common Causes of Car Crashes in Jim Thorpe, PA
Car accidents can come from a number of different causes, including these unfortunately common violations and mistakes:
Tailgating
When cars drive too closely behind you, drivers have no time to stop in a hurry. Crashes commonly happen when the drivers in front need to stop for an animal or person in the road, or when bumps and potholes cause them to suddenly slow.
One complication with these tailgating accidents is “brake checking.” In these crashes, the front driver may actually be at fault for trying to bait the rear driver into a crash. If they recklessly hit their brakes without a need, they could be liable.
Tired Driving
Drivers who spend hours on the road – such as truckers, delivery drivers, and rideshare drivers – often cause accidents when they are too tired to be safe. Hours of service limitations seek to keep commercial drivers off the road after certain hours, but these often do not apply to delivery drivers. Non-commercial drivers also face few limits and might drive too early, too late, or after being awake for too long, reducing their reaction times and safety.
Speeding
Speed is a cause – if not the sole cause – in most crashes. Faster crashes cause more damage and injuries, especially when drivers are going so fast that they cannot react or slow down in time.
Drunk Driving
Drunk driving is a serious offense because it can cause substantial harm. When drivers are drunk, they cannot make clear decisions, they react slower, and they often make serious mistakes that cause crashes.
Inattention
Failing to put your eyes on the road, check your blind spot, and take note of cars around you is a recipe for disaster.
Distraction
Separate from inattention, distracted driving from texting, conversations, or car controls can cause a crash. In the brief time drivers take their eyes off the road, they could miss a car suddenly stopping or coming across their path, causing a crash without the chance to slow or swerve.
Proving Fault in a Car Accident
Victims often need evidence of what happened to convince a jury that the other driver was at fault. The standard we have to meet is called a “preponderance of the evidence” standard. This means showing it is more likely than not that they caused your crash through negligence.
Negligence typically requires a violation, though “unreasonable” driving can qualify if there is no specific violation. This often means one of the violations listed above.
Proof of a violation does not need to come from a ticket or an officer’s decision. Your testimony, other witness testimony, dash cams, and the layout of the crash scene can all indicate what violation occurred. For example, two cars crashed in the middle of an intersection often means someone ran a red light.
Security footage from nearby cameras can also provide excellent evidence. Although traffic cameras might be present, their footage might not be saved or recorded; many PennDOT cameras are just for monitoring traffic.
Otherwise, we will also need evidence from your medical bills, repair bills, pay stubs, financial records, and other documentation to prove the damages you faced. Non-economic damages like pain and suffering are also shown through your testimony, your journals, and statements from doctors and loved ones.
Am I at Fault?
Many drivers’ first concern after a crash is that they will be blamed for the crash. Even if the defendant does try to blame you, this does not mean you will be barred from damages.
Many victims might have done something to contribute to their crashes. However, these contributions are often so small that no jury will consider them partially at fault.
Even if the defense harps on this and tries to pin the crash on you, juries can assign only partial fault if they see fit. This means potentially giving you a percentage of the blame, such as 5% or 10%.
Damages are reduced for victims who contribute to the crash, losing out on their assigned portion of the damages. For example, if you were 10% at fault for $100,000 of damages, the defendant still pays you the other $90,000.
Arguments can be used to counter these defenses, and you are only blocked from recovery if you are more at fault than the defendant under 42 Pa.C.S. § 7102(a).
Call Our Jim Thorpe Car Accident Attorneys Today
For a free case review, call The Reiff Law Firm at (215) 709-6940.
