Motor Vehicle Accidents
…..motor vehicle collisions whether involving slightly
more than minimal impact or extensive physical
damage to the vehicles involved must be handled
properly from the outset in order to ensure that any
injuries received because of the trauma forces
involved in the accident are properly evaluated. Each
case as in all personal injury causes of action must be
handled with specific attention to detail. There is no
substitute for the proper gathering of information by
an experienced trial lawyer. The overall scenario
involved in the accident must be analyzed not only
from a standpoint of what the official police
investigation, if same exists, demonstrates as far as
facts in the accident, but often other factors must be
analyzed including road conditions, road design, the
interplay of actions, which effected the offending
driver, be it cell phone or text use, impairment, and
various other factors, often there is the need for
accident reconstruction analysis. In many motor
vehicle accident one must also explore the area of
equipment failure from both a mechanical standpoint
as well as a potential product liability prospective.
It is imperative that you have a personal injury
attorney analyze the available insurance coverages as
well as all avenues of recovery related to those
insurance policies. Even if you are a limited tort
insured, there are exceptions to the application of
limited tort depending upon the circumstances of
each particular accident. Moreover, although your
declaration page on your insurance policy may have
you listed as a limited tort insured, depending upon
the conduct of the insurance company in gaining your
consent to such limited tort election, you may be a full
tort insured by virtue of law. Moreover, there are
interplays between various forms of health insurance,
government benefits, and the benefits available
under any particular automobile based insurance
policy, which must be analyzed by an experienced
attorney in order to protect your rights and maximize
your recovery.
Special attention must be given to areas involving hit
and run accidents, phantom car accidents, pedestrian
accident and bicycle accident involving motor
vehicles, both from a coverage prospective as well as
investigatively.
Not all, but many injuries received as result of being
in a motor vehicle accident are not immediately
apparent at the scene because of a combination of
physiological factors, and the overwhelming belief of
most people that they are just “shaken up” and will
eventually get better. This is not a decision that any
individual should make. Therefore, it is advisable to
seek immediate medical treatment and follow-up on
that medical treatment for the benefit of your own
health outside the area of potential litigation and
recovery.
If you are involved in a motor vehicle accident and
have any pain or discomfort, you owe it to yourself to
seek medical treatment, which is paid for initially
under your motor vehicle insurance.
Do not hesitate to seek a free consultation with a
qualified personal injury attorney should you be
involved in an accident. It is your constitutional right
in the Commonwealth of Pennsylvania to do so.