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accidents Archives

State Guardrails and Your Car Accident

In recent news, the Pennsylvania Supreme Court ruled that PennDOT, our state's transportation department, can be held liable for vehicular injuries caused by dangerous guardrails on our state's highways.  Usually, the state cannot be sued for damages due to negligence under an act called the Sovereign Immunity Act; however, it was ruled that exemptions can be made for state guardrails that were installed negligently and whose design creates a dangerous situation.  This new ruling came after a case in which a person was in a car accident during winter.  The snowy and icy conditions caused the driver to spin out and hit a guardrail.  The guardrail ended up spearing the car and also caused injuries to the driver.  Although this exemption cannot be assumed in all car accident cases on our highways, it is an important ruling to keep in mind. 

Pain After Your Car Accident

Car crashes and chronic pain sometimes go together more commonly than you might think.  In some studies, car crash victims have an over 80% increased risk of chronic pain in the future.  As a result, although some people may like to "tough it out" after their car crash and minimize any post-accident pain, it is not helpful and may lead to increased medical and emotional difficulties in the future. 

Activity Trackers And Your Personal Injury Claim

As you may realize by now, what you choose to show on social media can have a significant impact on your possible legal claim.  In some cases, social media posts can be used as evidence during your lawsuit, especially in the case of personal injury.  You may be familiar with the use of social media platforms such as Facebook, Twitter, and Instagram, but how about other tools such as activity trackers?  According to a recent article, fitness tracker information may also impact your social media claim.  For example, if you claim that an injury made you immobile, yet your activity tracker reflects that you run five miles a day, it does not add up.  In the future, it is possible that your data from any activity trackers may also be used in the course of a personal injury case.  As always, it is important to be truthful when reporting the extent and longevity of your personal injury following an accident or other traumatic event.

Delayed Impact of Car Accidents

A lot goes through your mind when you are in a car crash.  Sometimes, the emotional and physical impact of your crash doesn't really "set in" until a few days after the accident occurs.  There are many injuries related to car crashes that may not be immediately apparent right after the accident happens.  For example, many common injuries that can show up in the days or weeks following an accident include whiplash, headaches, back and neck pain, fogginess and disorientation, and emotional effects.  

Passenger Claims and Car Accidents

When you are driving and another car hits you, you may know that you may be able to seek legal compensation for your injuries.  However, sometimes people do not realize that you have rights as a car passenger, too.  If you are a passenger and are involved in a car accident in which you are injured, you can also potentially seek compensation for your injuries.  Depending on the circumstances of the accident, one or both drivers may have paid a role in the corresponding injuries.  Either way, the passenger may be able to seek compensation for any injuries sustained in the crash.

Pedestrian Accidents Are Increasing Across The Country

Across the country, pedestrian accidents are on the rise.  Arizona currently has the highest rates of pedestrian fatalities in the country, but many states are experiencing this issue as well.  Pennsylvania is no exception this.  According to a news report by an Arizona news source, pedestrian and bike fatalities make up about a quarter of their total traffic fatalities.  Given the number and severity of cases that Pennsylvania also sees in these areas, this number may be not far off in our state, too. Some of these accidents occur as a result of driver error or inattention, while others are caused by pedestrians and bicyclists who do not cross streets at designated times and/or places. 

Hit and Run Pedestrian Accidents

Recently, a driver in Chambersburg was accused of hitting a teenager, then driving away.  This hit and run incident resulted in a broken leg.  Other people who were walking with the victim made multiple attempts to stop and alert the driver to what had happened, but the driver did not stop.  A person who was driving directly behind the car also attempted to get the driver to pull over, but was unsuccessful.  State police interviewed the man when he returned to the accident scene about 10 minutes later.

What Documentation Do I Need For My Personal Injury Claim?

What kind of documentation do I need for a personal injury case?  This is a question that many of my clients ask.  Although documentation can vary based on your individual case, here are some good guidelines to consider (courtesy of PersonalInjury.com):

Independent Medical Exams and Your Legal Claim

When our law office sues on behalf of our clients for workers' compensation claims, these clients are sometimes asked to complete an independent medical exam on behalf of the insurance companies or employers. Unfortunately, these independent medical exams often appear unreliable and paint an incomplete and/or inaccurate picture of a client's true medical difficulties. 

Insurance Bad Faith Claims

Insurance "bad faith" legal claims may be more common than you think!  In our office, we unfortunately see many instances where insurance companies do not act "in good faith".  What this simply means is that insurance companies can't try and find ways to get out of paying or investigating a claim for you.  If they do this, they are acting "in bad faith".  There are many ways in which an insurance company can be acting in bad faith, but some of the more common ways include:

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The claims process begins with a free initial office consultation. We will take as much time as needed to learn about your accident, injuries, and damages. If Attorney Stoehr feels that he can help you, he will represent you on a contingent fee basis. This simply means that Attorney Stoehr is not paid anything until he obtains a successful recovery for you. To discuss your rights and legal options with a highly experienced personal injury lawyer, email or call us at 814-946-4100.

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