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Kennett Square Car Accident Attorney

If you have ever been involved in a car accident in Kennett Square, Pennsylvania, you know how scary it can be, even if you haven’t sustained any injuries. If the accident is bad enough that you are hurt, it can be even more terrifying. On top of that, you’ll have a lot of responsibilities in the wake of the accident to ensure you are able to get your medical bills covered appropriately and receive any compensation you deserve from the other driver.

Because you’ll be under enough mental and physical stress already as you recover from your accident, the importance of working with a Kennett Square car accident lawyer cannot be understated. Your attorney will guide you through the process of dealing with insurance claims, as well as the court process to get you any potential settlement. They’ll manage all of the details for you so that you can relax and focus on a speedy recovery.

Here in Kennett Square and throughout Chester County, there are numerous roads that are known to be hot spots for vehicular accidents of all types. For example, Pennsylvania Route 82 and U.S. Route 1 often see accidents. Any road that has a lot of motorists traveling at high speeds can be prone to accidents, but our car accident attorneys in Kennett Square have seen these routes in particular are among the most dangerous in the area.

Filing an Auto Accident Claim in Kennett Square, Pennsylvania

For the most part, in order to be eligible for compensation from the other driver, you or your car accident lawyer in Kennett Square will need to be able to prove in court that they were negligent in their driving. This could include disobeying road signs and traffic laws, using a cell phone while driving, driving under the influence, or behaving recklessly.

In these types of instances, the accident is more than likely to be the other driver’s fault. An Experienced  legal representative from Wilk Law can help you determine whether or not you have a strong case that is likely to hold up in court.

If you win your case, you may be eligible for several types of compensation. First and foremost, you may be able to get the other driver to cover your past, current, and future medical expenses relating to the accident. If you were forced to take time off work to recover, you may also be able to claim lost wages to make up for your inability to work.

Finally, you may be able to get an additional settlement to compensate you for any ongoing pain and suffering, both physical and mental.

Of course, there is no way to guarantee a particular result in any court case, but your Kennett Square car accident attorney can give you a rough idea of what to expect based on the specifics of your case.

How Does ‘No-Fault’ Insurance in Pennsylvania Work?

Here in Pennsylvania, the state follows a “no-fault” insurance framework. In practical terms, if an accident is not your fault, your own auto insurance will still cover your initial medical bills. Once you have reached the financial limit of your policy, the other driver’s insurance will then come into play to cover any additional expenses. If the accident is officially determined not to be your own fault, your insurance company will not be allowed to increase your rates because of the medical claim.

Assigning fault to each driver can be a bit challenging, as neither driver is likely to be willing to claim full responsibility for the accident. This is why it is so important to work with a car accident lawyer in Kennett Square. Your attorney will advocate on your behalf to ensure you are not assigned any more blame than is absolutely necessary. They can also work with your insurance company to prevent them from unnecessarily increasing your rates.

What Is the ‘51%’ Rule?

The 51% or modified comparative negligence rule is a parameter for assigning blame to each driver after an accident. In many cases, a single driver is not fully responsible for an accident. Oftentimes, both drivers share at least some of the blame, with the driver having more than 51% being primarily responsible.

If you are determined to be more than 51% responsible for an accident, you will not be eligible for any form of compensation from the other driver, as the accident is primarily your fault. On the other hand, if you are assigned only 25% of the blame, you may be able to get a settlement, though it will be reduced in proportion to your share of fault.

This is yet another area where a car accident attorney in Kennett Square can be incredibly helpful. Your attorney will work to ensure you don’t get assigned more blame than is fair for the specific scenario. They’ll do everything possible to get you the maximum settlement for which you are eligible.

Pennsylvania’s Auto Insurance Requirements

Pennsylvania law requires that all drivers maintain liability insurance for their vehicles in order to be allowed to drive in the state. The purpose of liability coverage is to pay for any injuries to other drivers or property damage from accidents you are primarily at fault for. Covering your own vehicle is optional, though it may be required by your auto loan lender if you financed your automotive purchase.

There are certain minimums you must meet with your liability coverage to comply with state law:

  • $15,000 for accidents injuring a single person
  • $30,000 for accidents injuring more than one person
  • $5,000 for property damage

Of course, you are free to increase your coverage levels beyond the state-required minimums, though your premiums will likely increase as well. However, the additional investment is worth it for your protection and peace of mind.

One other important consideration when it comes to your auto insurance in Pennsylvania has to do with Title 75 Pennsylvania Statutes §1705 and whether or not you choose a limited tort or full tort policy. Under limited tort policies, you can sue another driver involved in an accident with you to cover the costs of your medical care, but you will not be eligible to claim any additional compensation for pain and suffering. This type of policy tends to be more affordable, though you could be missing out on settlement money following an accident.

With a full tort insurance policy, on the other hand, you can collect compensation for your medical expenses and for ongoing pain and suffering, if applicable for your accident. Full tort policies are generally more expensive, but you’ll ensure you are able to get the maximum settlement available to you after a crash.

Types of Car Accidents in Kennett Square that Wilk Law Handles

From Pennsylvania Route 82, U.S. Route 1, and other local highways to surface streets, there are many different types of accidents that can occur, and Wilk Law handles them all. These include:

  • Wrong-Way Accidents – When one driver ends up going the wrong way down a road, it can happen for a number of reasons. For example, the driver could be under the influence, not paying attention, or unfamiliar with the area. In most cases, a wrong-way accident will be the fault of the driver going the wrong way, as they are not obeying the typical rules of the road.
  • Head-On Collisions – In 2022, head-on accidents made up around 4% of total accidents in Pennsylvania. Because the speeds of the two vehicles add together in this type of accident, they tend to be particularly destructive. Although they represent only a fraction of total accidents, they constitute 13% of accidents involving fatalities.
  • Rear-End Accidents – Rear-end accidents make up nearly 20% of accidents in PA, making them one of the most common accident types. These accidents can occur at both high and low speeds on any type of road, especially if the driver in front unexpectedly stops suddenly or the driver in back is following too closely or not paying attention. Although common, rear-end accidents make up only about 7% of fatal crashes. 
  • Distracted Driver Accidents – Since the advent of smartphones, distracted driving accidents have become more and more common, though phones aren’t the only type of distraction. Other passengers, including children and pets, can also distract the driver, as can things going on along the sides of the road. When a driver is distracted, they aren’t able to react quickly to what is happening on the road, which can make accidents more likely. 
  • Fatal Car Accidents – Any type of car accident can be fatal if the crash is severe enough, though the vast majority of accidents don’t result in fatalities. However, even for the less than 1% of accidents that are fatal, the aftermath can be devastating for friends and loved ones of the deceased. The state of Pennsylvania is working on a variety of initiatives with the goal of reducing road fatalities to zero. 
  • Speeding Accidents – Many car accidents involve speeding, as driving too fast for the road type and conditions can make it more likely that a driver will lose control of their vehicle, especially if something unexpected happens on the road ahead. High speeds are always dangerous, especially when a road is designed for slower speeds. The greater the speed, the greater the risk of fatal or catastrophic injuries as well.
  • Sideswipe Accidents – When one car bumps into or scrapes along the side of another, it is known as a sideswipe. This type of accident represents more than 7% of local car accidents. However, drivers can often recover control if the collision isn’t too hard, so these accidents generally aren’t fatal, constituting only 5% of fatal accidents. If the sideswipe bumps the vehicle off course and into another vehicle or other obstacle, the injury or death risk increases. 
  • Accidents Involving Pedestrians – More of a concern on surface streets than highways, crashes with pedestrians tend to be especially likely to cause injury or death. This is because pedestrians are no match for heavy cars or trucks running into them. 

Although some types of accidents are more common in certain areas over others, that doesn’t mean that there are any safe areas. Accidents can happen on any road, at any time, and under any conditions, so it is important to always give driving the focus and attention it deserves to keep you, other drivers, and pedestrians safe.

Kennett Square, Pennsylvania

Though Kennett Square, PA, itself is only home to about 6,000 residents, it is considered a suburb of Philadelphia, so traffic tends to be higher than in a typical small town. Between commuters passing through on their way back and forth from the city center to tourists visiting the region, there are many more cars on the road than just those of the people who live here. Increased traffic combined with those who aren’t familiar with the local roadways can make driving around here more dangerous than you might expect.

If you have been involved in an accident in the Kennett Square area, you aren’t on your own when it comes to caring for your car. KS Automotive and Blitz Automotive provide mechanical repair services for a wide range of vehicle types. Bavarian Motorsport provides mechanical repairs as well, though they specialize in German makes, including Mercedes-Benz, BWW, and Audi. If your car was totaled in an accident and you are in the market for a new vehicle, Sheridan Ford has all of the latest Ford models, as well as a vast selection of used vehicles from numerous brands.

Car Accident Lawyer in Kennett Square

Tyler Wilk and the rest of the team here at Wilk Law are here to help with all your car accident attorney needs. We have represented countless clients who have been in all types of car accidents, so we know the ins and outs of the auto accident law space.

You can rest assured that Tyler and our team will be committed to helping you get the best possible results from your case. We’ll start with a consultation to discuss your accident in greater detail so that we can formulate a plan for advocating your case and let you know what to expect as the process moves forward.

Reach out to our firm today to learn more about how we can help and to schedule your initial consultation.

In addition to Kennett Square, some of the other locations our law firm serves includes West Chester, PAPhiladelphia, Coatesville, Downingtown, Pottstown, BerwynPhoenixville, Valley Forge, Devon, Exton, Frazer, and more.