Car Accident Attorneys in York, PA
Legal help when you are injured in an auto accident in South Central Pennsylvania
After a car accident that was not your fault, you are forced to deal with a multitude of questions. Who will pay for the damage to my car? If I have suffered an injury, who will pay my medical bills? If that injury causes me to miss work, who will reimburse me for my lost wages?
While working with a personal injury lawyer is always a good idea, in the case of auto accidents, a good lawyer is a must. At KBG Injury Law, our York car accident attorneys know how to help after a wreck. We have the knowledge and resources to answer your questions, ease your concerns, and work to secure the best possible resolution for your case. Get in touch with us today to find out more about what we can do for you.
How can we help?
- What should I do after a car accident?
- How do you prove fault in a York, PA car accident?
- What if I am partially at fault for my car accident?
- Should I see a doctor even if my car accident injuries are minor?
- What if the other driver’s insurance company calls me?
- How long do I have to file a car accident lawsuit in Pennsylvania?
- How can a York, PA car accident attorney help my case?
- Is there a York, PA car accident attorney near me?
What should I do after a car accident?
The car accident claims process begins at the scene of the collision. Although being involved in a car crash can be physically, mentally and emotionally jarring, it is critical you take steps to handle the accident in a way that protects your physical safety and your potential legal claim. If you are involved in a car accident:
First, ensure everyone in your vehicle is safe.Then, check on the passengers in the other car. If anyone appears to be injured, call 911 immediately. Even minor accidents can cause serious injury. It is not only important to seek prompt medical attention for health reasons, but also because it plays an important role in the success of any claim for damages that you might make in the future.
If you are injured, even if it seems minor, seek medical care immediately. Tell the ER or urgent care physician on call that you were in a car accident. If they prescribe any treatments or medication, make sure you follow their instructions to the letter. This creates a reliable record of your injuries and demonstrates that you are doing all you can to recover.
After checking on the condition of passengers, call the police. Ask for an officer to be sent to the scene, even if it only appears to be a “minor” collision. The police officer will write an accident report that will provide valuable information for your insurance claim and for your case.
Exchange information with the other driver. Make sure you get the other driver’s name and address, driver’s license number, vehicle plate number and insurance information.
Take pictures of the accident scene. Use your cellphone or camera to snap some photos and video of the scene. In addition to the cars, take photos of anything that helps to illustrate what happened, such as skid marks, traffic signage, road markers and road debris. This also helps show what the weather was like and the condition of the road at the time.
Schedule a visit with your own doctor. In addition to seeking care immediately after the accident, be sure to see your primary care physician to follow up. Injuries may not show up right away, so it is wise to see a doctor a few days later. This will also give you the opportunity to discuss long-term care and treatment options.
Contact your insurance company. You should always report an auto accident to your insurance company promptly. This not only documents the incident, but also can help start the process of getting your vehicle repaired and moving ahead with recovering your losses.
Keep a journal about how the injury is affecting you. While a medical record is most important in determining any damages that may result from a car accident, keeping notes about your pain and how your injuries are affecting you on a daily basis can help bolster your car accident injury claim.
The York personal injury attorneys at KBG Injury Law can talk with you about the details of your accident and the strength of your claim – leave the documents and paperwork to us.
How do you prove fault in a York, PA car accident?
There are numerous factors in determining liability in an automobile accident in Pennsylvania. It is not always as clear-cut as one driver bearing all the responsibility and the other driver being completely innocent. For instance, if a car backing out of a driveway hits you and damages your car, the other driver obviously bears some liability. However, if the driver can prove that you were exceeding the speed limit at the time of the accident, that fact may increase your own liability.
Determining liability in personal injury typically takes into account four factors:
- Intentional misconduct
- Strict liability
In the case of car wrecks, negligence is commonly the key factor in determining liability. Negligence is normally defined as conduct that is careless and results in harm to another individual or their property. For example, a person who fails to stop at a traffic light or yield the right-of-way and causes an accident is likely guilty of negligent behavior.
Recklessness refers to totally disregarding the safety of oneself and others on the road. One common example of this is driving under the influence. Intentional misconduct is when a person’s actions intentionally cause an accident, like road rage-type crashes. Finally, strict liability can come into play with accidents involving defective parts or hazardous material spills.
What if I am partially at fault for my car accident?
If you are involved in an auto accident that was partially your fault and partially the other driver’s, you may still be entitled to damages.
Pennsylvania operates with no-fault laws with respect to claims for injuries in an automobile accident. Drivers in the Keystone State are required to carry personal injury protection (PIP), also called “first party benefits.” In a car accident, each driver’s insurance company will pay for the insured’s medical expenses, up to a certain point.
In determining liability for other types of losses, such as pain and suffering, Pennsylvania uses a modified comparative negligence doctrine. This means that, with a car accident claim, everyone is assigned their share of fault, which reflects the percentage each person contributed to the crash. It might be zero, it might be more. Under this comparative negligence law, you are allowed to recover compensation if you were 50 percent or less at fault. If you are found more than 50 percent responsible for what happened, you will not be compensated for your losses.
The law also stipulates that if you are partially responsible for the accident, any damages you may be awarded will be reduced in direct proportion to the percentage you are considered at fault.
Example: A jury determines the car backing out of the driveway was 70 percent at fault for the crash, while you were 30 percent at fault for speeding. This means any damages you recover will be reduced by 30 percent. It also means the driver of the car backing out of the driveway is ineligible to seek compensation.
Should I see a doctor even if my car accident injuries are minor?
Some injuries are immediately obvious after an accident, such as broken bones, burn injuries, or bleeding lacerations. Others, however, might not have symptoms that appear until later. Depending on the type of injury, signs might develop anywhere from a few days to a few weeks afterward. In some cases, you may not notice pain or discomfort until your body’s healing response kicks in and inflammation develops.
It can be difficult to determine whether you are okay after a car accident without seeing a doctor. Even if everything feels fine to you right after a car crash, you should still see a medical professional. Some car accident survivors also find it beneficial to work with a therapist or mental health professional to help process the trauma of serious crashes and injuries.
If you need to make an injury claim after the accident, especially about an injury that did not manifest itself until days or weeks after the incident, it is very important to demonstrate you sought medical treatment as soon as possible afterward. If you wait too long, the insurance adjuster may maintain you could not have been hurt badly if you did not immediately seek medical attention.
What if the other driver’s insurance company calls me?
After a car wreck, if the other driver’s insurance company calls, you should be prepared. Get the insurance representative’s information – company, name, title and contact information. Be calm and polite, but only give the bare minimum of information. Do not offer any details about the accident and your injuries, and refer the agent to your attorney. You are not legally obliged to talk to the defendant’s insurance company.
How long do I have to file a car accident lawsuit in Pennsylvania?
Each state approaches the statute of limitations timeframe differently. In Pennsylvania, the statute of limitations on a personal injury lawsuit is two years from the time of the accident.
Please note that if you are involved in a car accident with any kind of government vehicle from the city, county, or state, you only have six months from the time of the accident to file a lawsuit.
How can a York, PA car accident attorney help my case?
The rules and laws surrounding automobile accidents in Pennsylvania can be confusing for someone unfamiliar with them. Insurance companies are all too familiar with these rules and laws and know how to use them to avoid compensating you for the damages you deserve.
When you hire an attorney from KBG Injury Law, it means you have an ally and an advocate working for your best interests. This is especially important if you have been seriously injured in a car accident and are not in the state of mind to handle insurance companies and legal claims on your own. With us, your attorney will gather and put together the evidence necessary to support your claim, including witness statements, relevant medical records, information on lost wages and police reports, so you can focus on recovering from your accident and injuries.
Our experienced attorneys understand the nature of the roadblocks thrown out by insurance companies to avoid paying your claim and how to argue against them. We also understand how liens and complex insurance issues can affect your recovery. Further, we are not afraid to go to trial if your case is not resolved beforehand.
Is there a York, PA car accident attorney near me?
KBG Injury Law is located at 110 North George Street. We are right in the heart of York, near Interstate 83 and Routes 30, 74 and 462.
Let our York, PA car accident attorneys help with your claim
At KBG Injury Law, we promise to be the allies you need after a car crash. We will talk with you about the circumstances of the accident and, together, come up with a plan for the best way to proceed. When you have been in a car accident, we understand the effect it can have on you, your family, your health and your state of mind. We want to help. Call us at 717-848-3838 or toll free at 800.509.1011, or fill out our contact form. KBG Injury Law maintains offices in York, Lancaster, Harrisburg, Hanover, and Gettysburg, and serves individuals and families throughout South Central Pennsylvania.