This will come as no surprise to anyone who drives in Philly traffic, but our city is the third most congested city in the country. That’s according to the Global Traffic Survey from INRIX.
As a result of all that traffic, the average driver loses 101 hours each year stuck in traffic.
That congestion also has an unintended consequence: Increased risk of a rear-end accident.
When drivers are stuck in traffic, their minds start to drift, and they reach for their cell phones to check messages or surf the internet. That shifts the focus and makes the driver more likely to lose control of their ride. In a blink, they slam into the car ahead of them, which can trigger a chain reaction of collisions.
Of course, you don’t have to be stuck in traffic to get in a rear-end accident in Philadelphia.
It can happen on any road at any time. Even though it might be clear that the driver behind you slammed into your car, they will often try to dispute the facts. That leads to a tussle with insurance companies and puts your rightful compensation in jeopardy. That’s when the intervention of a skilled Philadelphia car accident attorney can make a world of difference.
Determining Fault in Philadelphia Rear-End Collisions
There are two sides to every car accident story. Nowhere is that more relevant than in a rear-end collision. In this type of accident, the at-fault party is typically the person who struck the vehicle from behind. However, there are exceptions.
Pennsylvania traffic law spells out the responsibility of every driver to drive at a safe speed that will “permit the driver to bring his vehicle to a stop within the assured clear distance ahead.” Translation: No tailgating. If a driver is cited for breaking that law, it can help clearly establish that they are at fault for the accident.
A driver can also be cited for distracted driving under the newly enacted Paul Miller’s law, which bans the use of hand-held devices while driving.
Is there a scenario where the car in front can be at fault for a rear-end collision?
Actually, there are several possibilities. If the driver in front suddenly puts their car in reverse or cuts off another vehicle, with an abrupt lane change, that can cause a rear-end collision.
Additionally, if the car in front has malfunctioning brake lights that don’t warn the driver behind them of a stop, the front driver may be held liable for the accident.
How Comparative Negligence Affects Your Injury Claim
Pennsylvania applies a modified comparative negligence rule in car accident personal injury claims. This allows you to recover compensation in a rear-end collision, but only if you are 50% or less at fault in the accident.
Could two drivers share the blame?
There could be a situation where the driver in front suddenly slams on the brakes, causing the driver in the rear to slam into them. However, if the rear driver was already too close, they would also be at fault.
The percentage of fault can be provided by the insurance adjuster. That can also be disputed by a skilled car accident attorney. If your claim moves to a civil lawsuit, it might fall to the jury to determine who was responsible for the accident.
Why You Need a Philadelphia Personal Injury Lawyer
When insurance companies start investigating a rear-end collision, they are not focused on what is fair for you. Their priority is to limit how much they have to pay on a claim.
That’s why insurance adjusters will dig deep into everything from the severity of your injuries to who was at fault in the accident. Even if the fault is not in dispute, they might try to pressure you into accepting a lowball offer that won’t come close to reimbursing you for all your losses.
That’s why you need strong legal representation on your side.
When you align with the kind of legal representation you’ll find at Shrager, Sachs, & Blanco, you’ll be getting a fierce advocate who is not going to back down from an insurance company. We’ve helped many clients who were victims of severe rear-end collisions.
Our goal remains steadfast: Secure the maximum benefits you’re entitled to.
We accomplish that goal by bringing our years of negotiating and litigation experience into every case. If we agree to work together, we’ll conduct a thorough investigation into the accident to clearly determine who is at fault. We’ll be able to obtain traffic surveillance footage and cell phone data that will support your claim.
Simply put, when we’re in pursuit of fair compensation for our clients, we’re relentless.
At Shrager, Sachs, & Blanco, we understand how stressful and disruptive a rear-end collision can be for victims and their families. If you were hurt in a rear-end accident in Philadelphia, you want a fast resolution.
Speaking with our attorneys is the first step towards finding that resolution.
Call to set up a free consultation with our legal team today.
