Category: Car Accidents

The steps you take immediately after a car accident can significantly impact your injury claim. Proper documentation preserves crucial details that support your case.

Take Photos and Videos
Capture all vehicle damage, injuries, road conditions, and traffic signals. Include wide shots and close-ups.

Gather Information
Collect names, phone numbers, insurance information, and license plate numbers from all drivers involved. Speak to witnesses and note their statements.

Request Official Records
Ask for a copy of the police report and check if any nearby businesses or homes have surveillance footage.

Write Down Your Account
Jot down everything you remember about the accident while it’s still fresh. These notes can be helpful in legal discussions.

Need help building your case? Our team is ready to assist with every detail of your accident claim.

Rideshare services offer convenience, but accidents can complicate who is legally responsible. Knowing your rights as a passenger in a rideshare vehicle is essential.

Insurance Coverage Tiers
Uber and Lyft provide insurance coverage that varies depending on the ride status—whether the driver is waiting for a ride, en route to pick up a passenger, or actively transporting someone.

Who Can You Sue?
Depending on fault, you may have a claim against the rideshare driver, another driver, or the rideshare company’s insurer.

Steps to Take After a Rideshare Accident
Call 911, collect contact and insurance info, and take screenshots of your ride details in the app. Seek medical care immediately.

Why Legal Help Matters
Rideshare accidents often involve multiple insurance policies. We can help you navigate your claim and ensure no detail is overlooked.

Inclement weather contributes to thousands of accidents each year—but bad weather alone doesn’t eliminate liability. Drivers still have a duty to operate their vehicles safely.

Driver Responsibility
In poor conditions, drivers must slow down, increase following distance, and use headlights. Failing to adjust to weather is considered negligence.

When Other Parties May Be Liable
Sometimes, poor road maintenance—like unplowed snow or potholes—can contribute to an accident. In those cases, municipalities or contractors might share liability.

Proving Fault in Bad Weather
Documenting road conditions, vehicle speed, and dash cam footage can help determine fault. Eyewitness statements are also valuable.

Talk to a Legal Professional
If you’ve been in a weather-related crash, we can evaluate the circumstances and help you pursue the compensation you’re entitled to.

Being a passenger in a vehicle accident doesn’t mean you’re without legal options. In fact, you may be entitled to compensation from one or more parties involved in the crash.

Your Rights as a Passenger
As a non-driving party, you’re generally not considered at fault. You can file a claim against the driver of your vehicle, the other driver, or both, depending on the circumstances.

Collecting Evidence
Even as a passenger, you should collect the same evidence as a driver—photos, insurance details, and witness information. Request a copy of the police report and seek immediate medical attention.

Insurance Considerations
You may be covered by the at-fault driver’s liability insurance or your own personal injury protection (PIP) policy. Navigating these options can be complex.

Legal Support Is Key
Having a personal injury attorney ensures you avoid common pitfalls and receive fair compensation. Let us guide you through the process.

Not all injuries from car accidents are immediately visible. Conditions like whiplash, soft tissue damage, or concussions often develop hours—or even days—after the incident, making it crucial to seek medical attention and legal guidance as soon as possible.

What Is Whiplash?
Whiplash is a neck injury caused by sudden back-and-forth movement of the head. It’s common in rear-end collisions and may lead to chronic pain, stiffness, or headaches.

Why These Injuries Are Often Disputed
Because injuries like whiplash don’t always show up on imaging tests, insurance companies often challenge their legitimacy. Without early medical documentation, these claims can be difficult to prove.

Medical Care and Legal Protection
Seeing a doctor immediately can both treat your injury and create a record that supports your legal claim. Keep track of all symptoms, medications, and therapy.

We Can Help
If you’re suffering from an “invisible” injury after a crash, don’t wait to act. Our experienced legal team can help you pursue the compensation you deserve.

In the aftermath of a car accident, establishing who was at fault is essential to securing the compensation you deserve. While eyewitness statements and police reports are helpful, dash cam footage is quickly becoming one of the most powerful tools in auto accident claims.

Why Dash Cam Footage Matters
Dash cams provide real-time, objective evidence of an accident. They can capture critical moments before, during, and after a collision—details that may otherwise be forgotten or misrepresented.

How Footage Can Support Your Claim
A clear video can confirm the speed of vehicles, the actions of each driver, traffic signal status, and other environmental conditions. This can be instrumental in proving liability and refuting false claims by the opposing party.

Insurance and Legal Impacts
Insurance companies often view dash cam footage as reliable evidence. It can expedite claim processing and improve your chances of a favorable outcome. In legal proceedings, it may serve as admissible evidence, adding credibility to your testimony.

Best Practices
Ensure your dash cam is functioning properly, positioned correctly, and has ample storage. It’s best if it records both front and rear views and includes a time stamp.

If you’ve been in an accident, our legal team can review your dash cam footage and help you understand your rights. Contact us today for a free consultation.

In today’s environment, rideshare services such as Uber or Lyft offer individuals a convenient way to get to and from places where they cannot drive themselves or would prefer not to do so.  It has proven to be an invaluable service for all ages.  However, it is just as likely that you could be a victim of an Uber car accident as your own car.

Protect Your Rights After a Rideshare Accident

Suppose you get into a rideshare accident in Pennsylvania. In that case, following a series of steps is essential to ensure your safety and protect your legal rights even if you believe you did not suffer any injuries. You might not feel any of the effects of the accident until a few days later. You may be eligible for compensation through the claims process. You should make sure to take the following measures:

• Ensure Safety: Check yourself and others for injuries. If anyone is injured, call 911 immediately. Ensure you are in a safe location away from traffic.
• Contact Police: Even if the accident seems minor, it’s important to call the police. A police report can be vital in documenting the accident, which is crucial for insurance and legal processes.
• Exchange Information: Exchange contact and insurance information with the rideshare driver and any other drivers involved in the accident. Remember to get the rideshare driver’s personal information and information related to their rideshare company (e.g., are they driving for Uber or Lyft).
• Document the Scene: Take photos of the accident scene, including damage to all vehicles involved, any visible injuries, and any relevant road conditions or traffic signs. Also, if there are witnesses, try to get their contact information.
• Report the Accident to the Rideshare Company and File A Claim: Use the Rideshare app to report the accident. Both Uber and Lyft, for example, have options in their apps for reporting accidents. You will want to do this as soon as possible. You can file a claim using a simple online claims form located on the Uber app. After you submit your claim, you’ll receive a confirmation email with your claim number, the claim adjuster’s contact information, and a list of additional documents you may need to process your claim.
• Seek Medical Attention: Even if you do not think you have been injured, seeing a doctor after an accident is a good idea. Some injuries, like whiplash, might not be immediately apparent.
• Contact Your Insurance Company But Do Not Accept Immediate Settlement Offers: Report the accident to your insurance company. However, be cautious about discussing fault or details of the accident until you have consulted with an attorney. Be careful if the rideshare company or insurance adjusters offer a quick settlement. Contact an attorney before accepting any offers, as they may not fully cover your expenses or losses.
• Consult with an Attorney: Consult with a personal injury attorney experienced in rideshare accidents. They can advise you on how to proceed, help you understand your rights and laws specific to Pennsylvania, and ensure you receive any compensation you’re entitled to.
• Follow-up: Keep track of any medical treatments and contact your attorney. Respond promptly to any requests from your insurance company or the rideshare company.

Each state has different laws and procedures, so knowing Pennsylvania’s specific regulations regarding rideshare accidents is essential. This can impact insurance claims, liability, and compensation.

Takeaway

Your attorney will work with the insurance company to negotiate a fair settlement. They will assess your injuries and expenses that you incurred throughout the process in order to determine an appropriate compensation amount.  If negotiations do not lead to a satisfactory settlement, it may be time to file a lawsuit against the party responsible for the accident, with the advice of your attorney. The attorneys at Cooper Schall & Levy can help you if you have been involved in an Uber or other rideshare accident. Contact our office for an initial complimentary consultation.

In Philadelphia and throughout the country, the advent of dash cams (dashboard cameras) has revolutionized how car accidents are documented, analyzed, and litigated. Cooper Schall & Levy, a leading personal injury law firm in Philadelphia, is well aware of the significant role dash cams can play in car accident lawsuits. If you have suffered a serious injury in a traffic collision, contact our offices to discuss your options with a knowledgeable professional.

What Is a Dash Cam?

A dash cam is a small, onboard camera mounted inside a vehicle, typically on the dashboard or windshield, designed to record the driver’s view in a continuous loop. It captures video and audio footage while the car is in motion and, in some cases, even when it’s parked. Dash cams have gained popularity for their ability to provide real-time, objective evidence of road incidents, providing a clear picture of the events leading up to, during, and after a car accident.

What Can a Dash Cam Help To Prove?

Dash cams can be pivotal in personal injury lawsuits stemming from car accidents, serving several critical functions:

• Determining fault and liability by providing undeniable evidence.
• Recording traffic law violations, road conditions, and traffic signals. 
• Showing severity of impact in terms of vehicle damage and personal injuries.
• Contradicting false or exaggerated claims from other parties involved in the accident.

Benefits of Owning a Dash Cam Go Beyond Its Role in Accident Reconstruction

Having a dash cam in your car also provides:

• Objective evidence for insurance claims, potentially speeding up the claims process.
• Protection against staged accidents designed to extort money from innocent drivers.
• Precise information in the face of hit-and-run accidents.

Potential Disadvantages of Owning a Dash Cam

While the advantages of having a dash cam on your car if you are involved in an accident are many, there are also potential drawbacks for drivers to consider:

• Privacy concerns 
• The need to manage and securely store footage, which may require regular attention to ensure the device is recording as intended.
• Legal restrictions on the use of dash cams in some jurisdictions.
• Irrefutable evidence of your liability if you are at fault.

PA Dash Cams Laws

In Pennsylvania, the use of dash cams is generally permitted, but it’s essential for drivers to adhere to the specific legal guidelines below to ensure that their footage is admissible in court and does not violate state laws:

Windshield Placement — Cameras should not obstruct the driver’s view, so they must not be mounted on your drivers’ windows or windshields. Instead, dash cams in Pennsylvania must be true to their name and only be installed on your dashboard to meet to state regulations and avoid penalties. Also, dash cams screens in the state must not distract drivers, so to be legal, they must either not have screens or have screens that can be put to sleep.

Audio Recording — In Pennsylvania, consent of all parties is required for audio recording to take place. Therefore, drivers should be cautious when recording conversations. If your dash cam records audio, you must get consent from everyone in the vehicle (including employees and customers) before recording their voices.

The Takeaway

Dash cam evidence can significantly influence the outcome of a personal injury lawsuit, providing as it does an undeniable record of events in a split-second, stressful situation. Nonetheless, it must be remembered that, like other technological advances, dash cams must be used carefully to align with state laws and respect the privacy of all parties. At Cooper Schall & Levy, our attorneys are dedicated to using dash cam footage, like all other evidentiary tools at our disposal, to build the strongest possible case for our deserving clients. 

Roads are an essential part of our daily lives, and as a result, their condition can significantly impact the safety and efficiency of travel. Damaged roads, characterized by potholes, uneven surfaces, and lack of proper signs, pose a substantial risk to drivers, cyclists, and pedestrians alike. The issue of responsibility for accidents on these damaged roads is complex because there is an interplay of maintenance by the municipalities, driver awareness, as well as the condition of the vehicle. As accidents occur, the question arises: Who is truly at fault when a car swerves to avoid a pothole or loses control on an uneven surface? 

Considerations When Determining Responsibility Due To Road Damage

Some key points to consider when determining responsibility for personal injury cases due to road damage in Pennsylvania are as follows: 

• Nature of Road Damage: The type of road damage can influence who is responsible should an accident occur as a result of the damage. The specifics of the damage can indicate if it was a state, county, or city responsibility.

Damage to roads can significantly contribute to accidents in several ways:

• 1) Potholes and Uneven Surfaces: Potholes and uneven road surfaces can cause drivers to lose control of their vehicles, especially at high speeds. This can lead to skidding, swerving, and collisions with other vehicles or objects.
• 2) Reduced Traction: Damaged roads can reduce the traction between the tire and the road surface, increasing the risk of accidents. This is particularly hazardous in wet or icy conditions, where the grip on the road is already compromised.
• 3) Unexpected Obstacles: Damage such as cracks, holes, or loose debris can create unexpected obstacles for drivers. Swerving to avoid these can lead to accidents, particularly if the maneuver is sudden or if it takes the vehicle into another lane.
• 4) Increased Wear and Tear on Vehicles: Consistent driving on damaged roads can lead to increased wear and tear on vehicles, potentially causing mechanical failures that can result in accidents. For example, a damaged suspension system or tire blowouts can make a vehicle difficult to control.
• 5) Distraction and Stress for Drivers: Navigating through damaged roads requires more attention and can be stressful for drivers. This added stress can lead to distraction and a reduced ability to react to other road hazards or changes in traffic conditions.
• 6) Impaired Visibility: In some cases, road damage can impair visibility – for instance, water pooling in potholes can splash onto windshields, or debris can obstruct a driver’s view.
• 7) Increased Braking Distance: Damage to the road surface can also affect the braking distance of a vehicle. If a driver is not aware of the road’s condition, they may not brake in time to avoid an obstacle or a sudden stop in traffic.
• 8) Cycling and Motorcycling Hazards: For cyclists and motorcyclists, road damage poses an even greater risk due to the smaller size and less stable nature of these vehicles. A pothole or a patch of gravel can easily cause a cyclist or motorcyclist to fall, potentially leading to serious injuries.

In order to reduce the risks of accidents occurring due to road conditions, regular road maintenance and prompt repairs of any damage are crucial. Additionally, drivers should be aware of the condition of the roads they are using and adjust their driving style accordingly.  An example of a driver’s adjustment would be slowing down and allowing more distance between vehicles.

• Governmental Responsibility: Roads are usually maintained by different levels of government (state, county, or local). In Pennsylvania, entities like PennDOT (Pennsylvania Department of Transportation) could be responsible for state-maintained roads. Local municipalities are responsible for local roads.
• Notice of the Hazard: A critical factor is whether the responsible entity knew or should have known about the road damage. If it can be proven that they were aware of the hazard and did not take reasonable steps to fix it, they might be held liable.
• Sovereign Immunity: Government entities in Pennsylvania, as in many states, enjoy sovereign immunity, which can limit or exempt them from liability in certain situations. However, there are exceptions, particularly if gross negligence is involved.
• Statute of Limitations: In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is two years. However, the time limit for filing claims against governmental entities is generally shorter than for other personal injury claims. If your claim involves a city, county, or state government agency in Pennsylvania, you have just six (6) months from the date of injury to file a notice of intent to sue. You would then have two years from the date of your injury to file your personal injury lawsuit against the government. Failing to send the required notice of intent would likely result in your lawsuit being dismissed.
• Contributory Negligence: In some cases, the injured party’s actions might also be considered. If the injured party’s negligence contributed to the accident, it could affect the claim.
• Evidence and Documentation: Collecting evidence such as photographs of the road damage, accident reports, and witness statements can be crucial in establishing responsibility.

Consulting with a personal injury attorney who is knowledgeable about Pennsylvania laws and precedents is important. The law firm of Cooper, Schall & Levy can provide guidance on the viability of a claim, the appropriate entity to sue, and the legal process. We can offer skilled advice tailored to your particular case.