Maybe nothing. Not all Pennsylvania auto accident cases need legal representation. Especially if nobody suffered injuries in the collision and the only property damage was to the vehicles, it’s perfectly okay for you to submit your claim to the insurance adjuster on your own.
More serious cases definitely benefit from hiring an attorney.
As auto accident lawyers in Harrisburg, we’ve heard all the common objections to that last statement. “Oh, they’re just trolling for clients,” is a frequent complaint. Other people are quick to point out that most cases are settled outside the courtroom, and they say, “If you’re not going to court, why hire a lawyer? Settle the case yourself and keep all the money.”
Before we go any further, we want to respond to those accusations.
Remember, too, that insurance adjusters are usually the most vocal in urging you not to hire a lawyer. Could that be because the insurance company would gain an advantage if you don’t have a legal adviser to guide you?
Studies show that car accident injury victims who hire lawyers are likely to receive compensation two to three times greater, on average, when compared with people who don’t retain legal counsel. We’d like to believe that this reflects a significant value added by the presence of an attorney on your side. Consider everything that your lawyer can do for you even before a trial begins:
Here’s the bottom line: You have the legal right to represent yourself. If you choose to do so, and if there is any complexity at all to the case, you are likely to lose your case in court or to accept a tiny settlement offer.
It costs nothing to explore your option to hire an attorney. Call Schmidt Kramer today at 717.888.8888 or (717) 888-8888 toll-free to schedule a free, confidential case review.
At your request, we will also send you a FREE copy our informative book, Who Pays The Bills When You Are Injured In An Automobile Accident? We accept car accident cases on a contingency fee basis, meaning that you won’t pay any attorneys’ fees unless there is a settlement or verdict in your favor.
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Insurance companies love to promote limited tort car insurance in Pennsylvania because those sales are a very, very good deal—for them. For the consumer, the value of the deal is questionable.
If you own or drive a car in Pennsylvania, you must have insurance coverage. The law even tells you the minimum insurance coverage you’re required to buy:
Of course, you are free to buy more than these minimum policies, or to invest in other forms of insurance protection. We generally advise buying significantly more than the minimum requirements as well as obtaining coverage against accidents caused by uninsured and underinsured drivers.
When you have decided the level of insurance coverage that is compatible with your budget and your peace of mind, the next question to address is whether you will buy full tort or limited tort insurance. Both types of insurance will cover your economic losses after a Pennsylvania car accident; this category includes medical expenses, lost income, and property damage. Only full tort insurance provides compensation for non-economic losses, such as pain and suffering, disfigurement, changes in the quality or frequency of sexual relations, inability to enjoy hobbies or recreation, and other losses that can’t easily be expressed in terms of money.
This is important, so let’s highlight it again: If you choose limited tort insurance, you are not covered for most non-economic losses. This is true (with a few limited exceptions) both for insurance company settlements and lawsuits against the at-fault driver. You have surrendered your rights to pursue this compensation when you chose cheaper insurance.
It’s true that limited tort insurance is cheaper. On average, the premiums for limited tort coverage are about 15 to 20 percent cheaper than comparable full tort coverage. Insurance agents like to hype the savings, too, because their companies are happy to sell as many limited tort policies as possible. Because Pennsylvania is a no-fault auto insurance state, the primary source of coverage after a car accident is the policyholder’s own insurance; thus, the insurance company gets significant savings on every claim that is filed under a limited tort policy rather than a full tort policy.
Of course, you have the mirror image of that perspective: with limited tort, you’re saving a little bit in monthly premiums, but you’re going to sacrifice thousands of dollars off your potential claim if you ever get hurt in an accident. At that point, all the “savings” you have accrued are wiped away by a single car crash.
Our car accident injury lawyers deal with questions about limited tort insurance on a daily basis. We have been highly successful in helping clients with limited tort car insurance get the maximum available compensation for their claims. If you have a question or if you need help after a Pennsylvania motor vehicle accident, contact Schmidt Kramer today at (717) 888-8888 toll-free to schedule a free, confidential case review.
Just for calling us, you are eligible to receive a FREE copy of our client brochure, Who Pays the Bills When You Are Injured in an Automobile Accident? Request your copy during your call.
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The surprising thing is that we have heard the “it’s best if you are thrown out of the car in a crash” advice more than once, and from people we always considered very smart. Here are three responses that you should pass on to your grandfather:
A seat belt isn’t a “death trap”; it’s one of the most important safety innovations of the last 100 years. The National Highway Traffic Safety Administration (NHTSA), which collects road safety statistics, says about 15 percent of drivers and front seat passengers don’t use their belts. If they did, car accident fatality rates would be reduced by around 45 percent. NHTSA has concluded that seat belts are the single most effective traffic safety device for preventing death and injury. The World Health Organization concurs with that opinion, and has undertaken a global campaign to make seat belts available in passenger vehicles around the world.
The injuries that people sustain from being ejected in a car crash are overwhelmingly more extensive than people who are not ejected. Being thrown from a vehicle is almost a guarantee of death or critical injury. Ejection accidents usually result from high-energy collisions. These types of collisions include head-on crashes, rollover accidents, or collisions with a truck or other large vehicle traveling at highway speeds.
The injuries that result from ejection accidents are usually critical. Multiple fractures are likely, including compound or comminuted fractures. Damage to the brain or spinal cord can lead to paralysis or immediate death. Broken ribs can puncture lungs or other internal organs. Internal organ damage can result from the impact of landing on the ground.
Safety belts are your best defense against being ejected during a collision. That’s the primary reason they were invented.
Car fires themselves aren’t especially common. One study has estimated that only about three percent of car fires occur because of vehicle collisions. Most of those fires begin when an automobile is struck in the rear, where the gas tank is.
The popular conception that most traffic accidents conclude with a car bursting into flame is a product of television shows and movies. Films often try to heighten the drama by using special effects to make a car explode after a crash. It does not usually work that way in real life. Because cars do not typically explode from a crash, there is no need to refrain from using a seat belt for fear of being trapped in a car fire.
When a major car accident in Pennsylvania hurts you or a family member through no fault of your own, you may be due compensation from the person whose recklessness caused your injuries. Call the Harrisburg car crash attorneys of Schmidt Kramer today locally at 717-888-8888 or toll free at (717) 888-8888. You will be invited to schedule a free, confidential case review. Use this opportunity to order our informative client book, Who Pays The Bills When You Are Injured In An Automobile Accident?, which will be sent to you FREE on request.
The National Highway Traffic Safety Administration (NHTSA) has been hard at work promoting the proper use of car seats, and for good reason. A report done by the agency discovered that three out of four car seats are being used improperly, and with car accidents being the leading cause of death for children between the ages of one and thirteen years of age, it is critical that car seat use be addressed and improved.
One of the concerns the NHTSA has focused on is the use of car seats after they have been involved in an auto accident. Of course, when a car seat has sustained visible damage in a crash, it is easy to know that it needs to be replaced. Most of the time, however, the signs are not as clear.
The NHTSA has found that car seats are fine to return to service following a minor crash, as long as all five of the following can be confirmed:
In more serious accidents, or if one of the previous situations did occur, the car seat should be replaced immediately prior to driving with your child again. For more information about car seat guidelines and safety tips, visit the NHTSA’s website dedicated to child car safety.
Do you have friends with infants or young children? Share this article with them on social media to help spread awareness on car seat safety!
Your vehicle needs care all year long, but particularly in the summer. The Pennsylvania heat can wreak havoc on your automobile if it isn’t maintained properly. If your vehicle malfunctions because of the heat, you could become involved in a West Shore car crash. Here, an attorney discusses some of the care you can give your vehicle that may help to keep you safe.
Your tires keep you moving and require a good amount of care in the summer. Check their pressure regularly, as the heat can cause the tires to lose air and deflate. Also ensure that your tire has enough tread to prevent you from skidding and sliding in the rain.
Your vehicle’s hoses and belts are used to sustaining hot temperatures, as they work near the engine. The summer heat, however, causes even more stress on the pieces, which can result in their becoming brittle, frayed, cracked, or become loose. Hoses and belts that aren’t functioning properly could cause a break down, and leave you stranded in the hot weather.
Check your vehicle often to ensure its filters are clean and the fluids are at the proper levels. Dirty filters can waste gas and cause the engine to have to work harder, which could cause your vehicle to lose power. Additionally, the heat can cause the fluids in your vehicle to disappear quicker. Check your engine oil and power steering and transmission fluids often.
If despite your best efforts, you are still the victim of a West Shore car crash because of someone else’s negligence, the attorneys of Schmidt Kramer want to help. All too often we’ve watched accident victims get let down by the insurance companies won’t pay what they are owed.
Call us today to schedule a consultation to speak with an attorney about your situation. We have helped many others just like you.
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Many rear-end collisions cause head, neck and back injuries—even when the crash occurred at relatively low rates of speed. This is largely due to ramping, which occurs when the force of a rear-end collision throws the body backwards against the seat and upwards towards the headrest at the same time. Because ramping whips the head backwards, it tends to overextend the neck and cause injury.
The number one thing you can do to reduce your risk of serious injury in a motor vehicle crash is to wear a seat belt. It is also very important to adjust your head restraint and seatback to a safe position every time you get in your vehicle.
Head Restraint
Many people do not realize that the headrest in their vehicle is actually a safety device called a head restraint. When properly positioned, the head restraint holds your head in place during a rear-end collision to prevent or reduce the occurrence of injuries. When positioned incorrectly, the headrest can increase the ramping effect and do more harm than good. Make sure your head restraint is adjusted so that the top of the head restraint is level with the top of your head (or as close to that as you can get it).
Seatback
Seatbacks are adjustable in order to ensure driver comfort and safety. If your seatback is in a reclined position, chances are there is too much distance between your head and the back of the seat. This increases the ramping effect in a rear-end accident. For maximum safety in the event of a crash, adjust your seatback so that you are sitting upright and the back of your head is about two inches from the head restraint.
Serious head, neck and back injuries can result from a rear-end collision. You can reduce the likelihood of a serious injury by wearing your seat belt and adjusting your seatback and headrest. If you are injured in a rear-end accident due to the negligent or careless actions of another driver, we can help.
Contact a skilled car accident attorney at Schmidt Kramer at (717) 888-8888 for a free consultation to discuss your legal options.
You may also wish to download a free copy of our book Who Pays the Bills When You Are Injured in an Automobile Accident? for more information.
You’d better believe that special rules apply.
The law has several goals that have to be balanced when a driver under age 18 is potentially at fault for a traffic accident in Pennsylvania:
These principles are all in conflict. Because it’s not possible to follow all of them at the same time, the courts will take an active interest in any car accident case involving a teenage defendant.
In the simplest Pennsylvania auto accident cases, the Commonwealth’s no-fault insurance law may handle everything seamlessly. You will deal primarily with your own insurance carrier, and you may not have any contact with the teenage driver or his insurance company at all. These cases are mostly those in which the only claim is for property damage, as well as some cases where there is only a minimal claim for injuries (a few hundred to a few thousand dollars for ambulance transportation and treatment for minor injuries). Both sides will quickly agree on the appropriate level of compensation, and a settlement will be reached quickly.
If multiple people are hurt and the medical bills mount up, the car accident case becomes more complex and may exceed the limits of your own first party medical insurance. In that case, it is possible to look to the other driver and his liability insurance for additional compensation. Because you write that both you and your passenger suffered injuries last summer, we guess that’s probably your situation.
Especially if the case is expected to reach beyond the teenage defendant’s insurance and demand money from his personal assets or potential future earnings, the courts in Pennsylvania will require that someone represent the minor’s interests in this matter. Called a guardian ad litem, this representative is a court official, not a “guardian” in the usual sense. (“Ad litem” is a Latin phrase meaning “for the purposes of a legal action.”) The guardian ad litem will act as an advisor to the court, and will observe—and possibly participate in—settlement negotiations. The court will only approve of a settlement that the guardian ad litem approves.
We’re sorry to hear that you and your passenger were injured last summer, and we hope that you have both managed to recover fully from the experience.
Even a minor car accident can be a nasty surprise. Many of our neighbors in Harrisburg, Hershey, Carlisle, Lancaster, and other nearby towns have been just as surprised to find that a “simple” settlement can be complex and difficult. Over the years, we’ve been able to help them along with advice, answers to key questions, or support in the courtroom.
You can also have the Schmidt Kramer advantage for your case, even when you plan to settle your claim with a teenage driver. Call our Harrisburg car accident attorneys at 717-888-8888 locally or (717) 888-8888 toll-free to schedule a free, confidential case review. We charge no legal fees unless you hire us AND we get you a settlement for your case.
Call today and request a FREE copy of our helpful client report, Who Pays the Bills When You Are Injured in an Automobile Accident?
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We are truly saddened to hear of this tragedy and extend our deepest condolences to you and your family. It’s hard enough to live with the fact that you will never see your husband again, but it’s even more difficult knowing that this fatal crash could have been prevented if the other driver didn’t get behind the wheel of his car impaired.
When a person is impaired by drugs or alcohol and it leads to a fatal wreck, Pennsylvania law says that person is guilty of reckless driving. The state will likely bring a criminal case against the impaired driver; however, you have a right to bring a civil claim against the driver responsible for killing your husband.
Through a civil wrongful death lawsuit, you can hold the negligent person responsible for the death of your loved one. Although no amount of money will take away what happened or bring back your husband—you and your family shouldn’t have to suffer financial damages in addition to your emotional damages. This is why you should pursue a wrongful death claim for your losses and damages. Such damages could include:
Make sure you are compensated fully for your losses and learn how to hold the reckless driver accountable by downloading a free copy of our automobile accident book. By reading this book, you get more of your questions answered and learn more about the claims process; however, we are always available to answer any additional questions you may have.
The Capital Area Transit, or CAT, serves an important purpose in Harrisburg when it comes to public transportation. Their busses make it possible for residents from all different neighborhoods to get to work, school, or wherever else they need to go throughout the day. They also offer an environmentally friendly form of transportation that encourages motorists to leave their cars at home and take the bus instead.
Unfortunately, these busses are also large, difficult to maneuver at times, and have major blind spots. Whether due to operator error or some type of mechanical defect, an accident involving a bus is rarely minor, and it’s usually the person who is in their car, on their motorcycle, bicycle, or on foot that bears the brunt of the impact. Medical bills for victims of bus accidents can be astronomical due to the types of serious injuries that can be sustained—including brain injuries, head injuries, back injuries, broken bones, and burns.
If you were injured in an accident with a CAT bus in Harrisburg, and you feel it was due to the CAT bus driver’s negligent actions, you should speak with an attorney right away. The auto accident attorneys at Schmidt Kramer will work with you during your free initial consultation and help determine if you have a case, and if so, how you should proceed. Every accident is different, so there is no real way to tell you what to do next without meeting you in person and hearing your story.
You are invited to request a completely complimentary copy of our report, Vital Information for Your Financial Recovery After a Pennsylvania Vehicle Crash. Ordering online is quick and easy through our website.
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Emergency kits are a great thing to have in your car. It’s basically the same concept as insurance: there’s a chance you may never have to use it, but when you do need it, it will truly be a life-saver.
Some stores sell pre-made emergency kits, but we think it is better to create your own and include everything you think you may need. When you’re making your kit, you need to think about different scenarios that could occur, both short-term and long-term.
You can add many other things to the kit, like a spare tire, rope, or maps. The important thing is to think ahead and anticipate any issues that could arise. If you’re not sure what else you need, ask your car crash attorney.
Camp Hill, Harrisburg, Lancaster, and other areas in Pennsylvania have car accidents all the time, and many victims wish they would have thought ahead to create an emergency kit.
Call the personal injury attorneys at Schmidt Kramer today for a free consultation at (717) 888-8888.