If your car accident injuries were directly caused by the negligence of another person, you should be properly compensated—plain and simple. There are, however, a few specific things you can do to ensure your case is successful.
First of all, stop trying to negotiate with the insurance company on your own. They do not have your best interests in mind—although they may try to convince you otherwise—they do not want to pay you any more money than they have to. The agent talking to you knows you have probably never been faced with a situation like this before and they are going to try to get you to settle for an embarrassingly low amount of money. Call a car accident attorney right now and let them handle this; once an insurance adjuster hears your attorney’s voice on the other end of the line, they suddenly start to sing a different tune.
If the insurance company refuses to cooperate, an attorney is going to help you build a successful personal injury case. You can help them by providing them with every bit of documentation you have in relation to this accident; this means medical records, contact information for witnesses, police reports, and anything else that can prove that you require compensation for your injuries.
Your auto accident lawyer is going to do all of the heavy lifting for you, but one other thing you can do to improve your chances of winning your auto accident case? Keep any and every detail about your case off of social media. Far too many accident victims “over share” on sites like Facebook and can ruin a lot of hard work.
If you were injured in an auto accident in the Harrisburg area, request a FREE copy of our book, Who Pays Your Bills When You Are Injured in an Automobile Accident?
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That’s a great question! As Pennsylvania trial attorneys, we’ve become used to using special terms like “negligence” that have a unique meaning for lawyers. We forget that most people are unfamiliar with our legal jargon.
The concept of negligence is central to understanding civil law and every injury case. If you call on the services of a Pennsylvania personal injury lawyer, trust us: negligence is going to be at the heart of your lawsuit, even if your attorney never actual mentions the word to you.
Negligence occurs when someone fails to exercise the reasonable level of care that a normally careful person would be expected to apply in particular circumstances. Because of this failure to uphold responsibility, someone else suffers a loss. We say that the first person (sometimes called the tortfeasor) behaved negligently by his actions or inaction. The person who was hurt has suffered damages from the actions of the negligent party. In the lawsuit, the person who was hurt will be called the plaintiff and will initiate the case; the other person—the defendant—risks that the jury will find him liable for the incident. He will then be required to make things right as much as possible by paying money to the plaintiff.
To establish negligence, your lawyer will have to prove the following three things to the satisfaction of the judge and jury:
We all have a duty to look out for one another, the same way a reasonable man would act to avoid harming others. “Reasonable” is a pretty vague term—but that’s a deliberate choice, because what constitutes reasonable action depends crucially on circumstances. The greater the inherent risk of something you’re trying to do, the higher degree of care you must take to be “reasonable.” A pedestrian walking down the sidewalk has a fairly low responsibility to protect other people from accidents he might cause. Someone driving a motor vehicle must exercise more caution, because cars and trucks are inherently more dangerous. Someone juggling chainsaws in a public performance or a demolition team preparing to implode an old office building must take correspondingly greater precautions.
If someone fails to take the precautions a prudent person would take, he is negligent, and he bears financial responsibility for the consequences. But there are also two levels of misbehavior that are more outrageous that mere negligence. You may have heard both these terms before:
Because reckless and malicious behavior go beyond negligence, they are considered valid reasons to seek punitive damages in a civil lawsuit. Punitive damages are awards that go beyond compensation for the harms inflicted on the plaintiff and instead seek to punish and deter bad behavior.
If you have been harmed by the negligent actions of another person, you may be entitled to ask for compensation for your losses—both financial and personal. That’s when you should consider calling on us. Schmidt Kramer is more than just a collection of car accident lawyers. We’re ready to take on any personal injury case where we believe we can effectively help someone seek a full and fair result.
Give us a chance to help you. Call our Harrisburg office at (717) 888-8888 toll-free to arrange for a FREE case review. We respect your privacy, and your meeting and personal information will be confidential.
After a car accident in Pennsylvania, you may have been told to be very careful about who you talk to and trust with information about your claim. You know you should not speak to the other driver at the scene of the crash, and you may know that you should limit what you tell the police during their investigation, but you have to talk to someone about certain aspects of your claim in order to get a fair and just settlement.
When you’ve been injured, knowing whom you can trust can be very difficult. Here are three people you must talk to in order to get the best outcome for your claim:
Eliminate the confusion and fear following a car accident with help from an auto accident lawyer at Schmidt Kramer. Call us today at (717) 888-8888 to learn more about your claim.
Both wet and dry leaves can cause problems on the road. Wet leaves can be slippery, causing your tires to slide around on the road. As a result, you may overcorrect or lose control of your car. Dry leaves often hide large pot holes and objects that could cause damage to your vehicle. If you are unable to avoid objects in the road, you may find yourself in an automobile accident, and the types of auto insurance that will cover the crash depend largely on the facts of the accident.
While there are many car insurance coverage options in Pennsylvania, three main types of coverage might be a factor—liability, comprehensive, and collision. Not all auto insurance policies cover the same types of damage, so it is important to know what your insurance will pay for and what it will not. Following are some things you need to know about these coverage options:
We all know that Pennsylvania requires drivers to purchase minimum levels of car insurance. However, the minimum coverage is inadequate for most people, so before you head out on the road, be sure you have an auto insurance policy in place that truly meets your needs to avoid being stuck with a big bill after an accident.
Have you been involved in a car accident caused by a negligent or careless driver? Contact our friendly legal team at (717) 888-8888 to discuss your specific situation. We are standing by to help you.
It is every Pennsylvania parent’s worst nightmare to hear his or her teenager is involved in a fatal accident on I-83, Rte. 30, or any other road in York or the surrounding area. Unfortunately, such a tragic event happens all too often. According to the Centers for Disease Control, motor vehicle crashes are the number one killer among teens, taking about 2,800 lives each year.
The driving force behind teen crashes is inexperience. Fortunately, you may be able to reduce the risk of a fatal accident by getting involved. Here are two tips that have worked for other parents:
Unfortunately, accidents happen to even the best teenage drivers. When your child is the victim of a crash caused by another driver, you likely have questions regarding his future. The attorneys of Schmidt Kramer want to help you find those answers.
Contact us today to speak with a legal professional and find out how we may be able to help you and your teen move forward from the accident.
There are two ways to receive payment for property damage when involved in a Pennsylvania car accident that is not your fault — through your own insurance company or through the at-fault party’s carrier.
Our recommendation, and the fastest and easiest way to deal with repairing your vehicle is through your own insurance company. If you purchased collision coverage on your policy, your insurance company will pay for repairs after you pay the deductible. The at-fault party’s insurance carrier may reimburse the deductible later.
You also can choose to have your insurance company present the claim to the insurance carrier of the person at fault for the accident. If you choose this option, you may face significant delays in fixing your vehicle. The at-fault party’s insurance coverage should pay for your repairs, including the deductible. However, Pennsylvania law only requires $5,000 in property damage coverage in a policy, which may not be enough to pay for the repairs. If you decide to go this route, discuss all details with the insurance company regarding total reimbursement.
How You Can Help
Did you find this article helpful? We encourage you to share this article with your friends and family—it could help save a life. If you or someone you love has been the victim of a Harrisburg car accident due to driver distraction, you may be eligible for compensation. We invite you to contact us directly to schedule your free consultation.
Allowing your teen to get behind the wheel can be frightening for just about any parent. When your child has ADHD, the fear is often escalated. Attention Deficit Hyper Activity Disorder makes staying focused and driving calmly often difficult. By setting rules, however, you may be able to prevent your teen from getting into a Lancaster car accident.
Driving while talking on the phone and texting is dangerous for anyone, but particularly a teen with ADHD. Distractions such as these can take the teen’s mind away from driving and potentially cause a crash. Set firm rules with the teen about not using the cell phone when driving, and revoke his driving privileges if he does.
Becoming bored or losing interest during a long trip happens to just about anyone, but especially a teen with an attention disorder. Losing focus while driving is dangerous; therefore, make the trips as short as possible. Doing so may prevent an accident.
Passengers can be very distracting to just about any driver. Conversations and movement can cause the driver to look away or take his mind off the road. Forbid your teen from driving with anyone in the car, and it may stop an accident from taking place.
Help your teen make the right decisions and stay safe by becoming active in his driving. Setting rules, and leading by example, are some of the most effective methods in preventing your teen from becoming hurt in a West Shore car accident.
If you or your teen were the victims of a crash, contact the lawyers of Schmidt Kramer. We will do all we can to help you get the compensation you deserve.
Do you know someone who has a teen with ADHD? If so, share this article with him or her!
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You’ve just been involved in a York car crash, and after you’ve visited the hospital, it’s time to call your insurance company. Although you think the insurance company is there for you and will do what it takes to help, the truth is—it’s not. The adjuster you speak with is likely a trained negotiator who will do what he can to prevent the insurance company from paying out what it should. You’ll need to be very careful with what you say to increase your chances of getting the compensation you should.
The adjuster will likely ask for your account of what happened. Avoid giving your opinion or thoughts on the incident; only give out facts. For instance, the name of the street you were riding on, the time of day, the weather conditions, and the like. Giving the adjuster anything else gives the insurance company information to use against you if needed.
You are probably still in shock about what just happened when you call the insurance company. Some of the injuries you sustained may not have even presented themselves yet. For this reason, you should never tell the adjuster you are uninjured—even if you’ve seen a doctor. Once you say those words, you will be held to them forever and the insurance company will use them against if you file a claim.
The attorneys of Schmidt Kramer can help you fight the insurance company about your West Shore car crash. Connect with us today to speak with a lawyer about your situation.
If you like what you’ve read, we encourage you to share this information with your friends on Facebook!
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A Harrisburg rollover accident is a very dangerous automobile incident that often results in severe injuries or even death. According to National Highway Traffic Safety Administration (NHTSA) 2010 statistics, more than one-third of rollover accidents involve a fatality—accounting for almost 7,600 deaths.
There are two types of rollovers—tripped and un-tripped. The NHTSA says 95 percent of rollovers involving a single vehicle are of the tripped variety.
A tripped rollover occurs when a vehicle leaves the road and slides sideways. The tires dig into the soft shoulder or the vehicle hits a guardrail and the tripping force causes the vehicle to roll over. Tripped rollovers can also occur in off-road situations on a slope that is too steep to keep the vehicle upright.
An un-tripped rollover is much less common, occurring only about five percent of the time. These rollovers usually happen when top-heavy vehicles, traveling at a high rate of speed, maneuver to avoid a collision.
The best way to avoid a rollover accident is to keep your vehicle on the road. However, serious accidents occur every day—often due to the carelessness or negligence of other drivers. If you have been seriously injured in a Harrisburg car accident, an experienced car wreck lawyer at Schmidt Kramer can help.
We regularly help those seriously injured in a motor vehicle accident to obtain the compensation they deserve. Contact us at (717) 888-8888 for a fast and free case evaluation.
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.
At Schmidt Kramer, our Carlisle car crash lawyers work with clients injured in a motor vehicle accident. Often these accidents are due to the negligent and careless actions of a distracted driver who was talking on the phone, sending a text message or engaging in some other non-driving activity.
The state of Pennsylvania does not ban cell phone use while driving. However, the Pennsylvania Department of Transportation (PennDOT) encourages drivers to pull safely off the road before taking or making any calls. Pennsylvania does have a texting law that went into effect on March 8, 2012. The law bans texting for all drivers while their vehicle is in motion. The following are the specifics of the law for non-commercial drivers:
PennDOT crash data shows that distracted driving is a real problem in Carlisle and throughout Pennsylvania. Last year, distracted driving contributed to more than 14,200 accidents. At Schmidt Kramer, we urge all drivers to pull over to a safe location to take or make calls, email or text.
If you have been seriously injured due to the distracted driving behavior of another driver, contact a Lancaster car accident attorney at (717) 888-8888 for your free case consultation. You may also download a free copy of our book Who Pays the Bills When You Are Injured in an Automobile Accident? for more information.