Philadelphia is famous for its role in the Revolutionary War. It’s where the Declaration of Independence was signed and is home to the Liberty Bell. However, it is not free of accidents. Car accidents can be expensive to deal with, from the cost to fix or replace your car, your medical bills, and the money you couldn’t earn because you had to take time off work.
Philadelphia laws allow an accident victim to file this type of claim with their insurance company, or if someone else was clearly at fault, they might file it with their insurer instead. In some cases, if the insurance company doesn’t offer enough money to cover the victim’s losses, you may have to take legal action. In such situations, you need to hire a Philadelphia car accident lawyer to help navigate the process. They can guide you through the complexities of your case.
What Counts as a Valid Reason to File a Claim?
To file a claim, you need to show that the other driver caused the accident because they weren’t being careful or weren’t following the road rules. This is called negligence and a driver can be held responsible in multiple scenarios:
Speeding
If the other driver was going too fast given the conditions on the road or broke the speed limit, leading to a crash, that’s considered negligence. Speeding doesn’t just make accidents more likely, it also makes the injuries worse when a crash happens.
Running red lights or ignoring stop signs
Traffic signals and signs are there to keep everyone safe. If someone runs a red light or drives through a stop sign, they’ve broken the law. If they crash into you while doing this, they can be held responsible for the costs.
Distracted driving
Drivers are supposed to focus on the road. If they’re texting, checking their phone, eating, adjusting the radio, or even talking to passengers and not paying full attention, that’s considered distracted driving. It’s one of the leading causes of crashes today.
Drunk or drug-impaired driving
Driving under the influence of alcohol or drugs is both dangerous and illegal. So, if someone causes an accident while intoxicated, they’re almost always going to be found at fault. This is strong grounds for a claim because it’s a clear violation of the law and road safety.
Reckless or aggressive driving
Reckless driving includes actions like weaving through traffic, tailgating, or ignoring the rules of the road. It shows a clear disregard for safety. If someone drives this way and causes an accident, it’s usually enough to win a claim.
How Do You Prove the Other Driver Was Negligent?
Here are the factors that insurance companies and lawyers will look at when deciding who’s responsible and how much money you might be owed:
Police reports
If the police were called to the scene, they usually create a report with details about what happened. This report can include things like statements from drivers and witnesses, a description of the crash, and sometimes even a note about who the officer believes was at fault. Insurance companies often rely on these reports when reviewing claims.
Witness statements
Witnesses who don’t know either driver tend to be seen as unbiased, which can make their statements even more valuable. They might confirm that the other driver ran a red light or was driving aggressively.
Photos and video evidence
Photos taken right after the crash can show where the cars ended up, what the damage looks like, skid marks, road conditions, or even traffic signs. If there’s dashcam footage or security camera footage from nearby buildings, that can be even more powerful.
Medical records
If you were hurt in the accident, your medical records are important. They show how badly you were injured, what kind of treatment you needed, and how much it cost. They can also link your injuries directly to the accident, which is important when proving how serious the situation was.