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Montgomery County Car Accident Lawyer

montgomery county car accident lawyer

Car accidents often result in significant injuries and property damage. However, recovering compensation for an accident caused by the actions of another driver can be challenging. At Wilk Law, our team is here to help when you need a Montgomery County car accident lawyer by your side. We have the resources necessary to handle every aspect of your claim, defend your rights, and we refuse to back down when aggressive insurance carriers deny you the compensation you are entitled to.

Why Choose Wilk Law?

After a serious car accident, you need a serious car accident attorney. The car accident attorneys at Wilk Law provide legal service representation personalized to meet and exceed your legal goals and expectations.

Wilk Law’s car accident attorneys are:

  • Aggressive and determined to secure maximum compensation for your car accident injuries;
  • Proven, with a track record of success in car accident claims and litigation;
  • Client-focused and driven to win for you and your family; and
  • Understanding and compassionate of car accident victims’ needs.

Wilk Law will listen to the facts of your accident and advise you of any available legal options at no cost to you. We want to answer any questions you might have and set your mind at ease. Contact our office today to schedule your confidential, no-obligation consultation.

How Our Montgomery County Car Accident Attorneys Can Help

Victims of serious car accidents are often overwhelmed and unsure where to turn after their crash. They can face physical, mental, and emotional injuries, multiple doctor visits, mounting medical bills, and lost wages. It is often tempting to speak with the insurance company and take a settlement offer right away.

That is what the insurance company hopes you will do. Insurance companies use your situation against you and offer disparagingly low settlement amounts. This is especially the case when no attorney is on your side to protect you.

Insurance companies have teams of adjusters and attorneys working to preserve and defend their best interests, and you should too. At Wilk Law, we use our experience, resources, and knowledge of car accident law and the insurance industry to pursue a fair and just settlement. If no settlement is forthcoming, we will take your case to trial.

Wilk Law does the following, and more, for you:

  • Handle all insurance company and creditor communications;
  • File any needed legal forms;
  • Investigate your accident;
  • Determine liability for your accident;
  • Pursue all routes of compensation available;
  • Advise you on the law and provide information of your claim progress;
  • Move your claim along promptly; and
  • Ensure your claim demand will cover both current and future accident-related needs.

Regardless of your stage in the claims process, Wilk Law can help. Contact our car accident attorneys in Lower Merion now to tell us about your accident so we can build your legal strategy.

Montgomery County Car Accident Resources & FAQs

Causes of Car Accidents in Montgomery County

Car accidents are the most common type of personal injury claim and one of the most deadly. Despite the constant installation and invention of advanced safety equipment for cars, more than two million people die or are hurt in car accidents annually.

Distracted driving is the most common cause of car accidents in the United States. Distracted driving is driving without focusing on the activity of driving. Distracted driving includes, but is not limited to, driving while:

  • Eating;
  • Texting;
  • Reading;
  • Talking on the phone or to a passenger;
  • Using the GPS; and
  • Disciplining children.

Distracted driving is not the only cause of car accidents. Other causes for car crashes include:

  • Speeding;
  • Driving under the influence of drugs or alcohol;
  • Drowsy driving;
  • Poor vehicle maintenance;
  • Driver inexperience;
  • Aggressive driving; and
  • Driving inappropriately for weather road conditions.

Types of Car Accidents

Car accidents take many forms. The most common car accident is the rear-end collision. The most common cause of rear-end collisions is distracted driving.

Other types of car accidents include:

  • T-bone, or side-impact crashes;
  • Single-vehicle crashes; and
  • Sideswipe crashes.

T-bone crashes happen at road intersections where two cars are traveling in different directions. One car fails to stop and crashes into the other vehicle’s side, forming a “T” shape. T-bone crashes are known for their deadly injuries and fatalities.

Single-vehicle crashes are the most deadly car accident. These accidents often occur at high speeds and result in a driver colliding with an object like a tree, building, or overpass. Third parties may be involved.

Sideswipe collisions are the least deadly accident and cause the fewest injuries. One driver will swerve into lanes of the other, causing the two cars to graze horizontally. Unless there is a total loss of control by one of the drivers, the accident is containable.

Common Montgomery County Car Accident Injuries

Car accident injuries range from minor cuts and bruises to catastrophic and life-threatening. The worst accidents are deadly.

While every car accident is different, common car accident personal injuries can include:

  • Head and brain injuries, including traumatic brain injuries;
  • Whiplash;
  • Broken bones;
  • Neck and back injuries;
  • Bone fractures;
  • Spinal cord injuries, including paralysis;
  • Cuts and abrasions;
  • Burns;
  • Internal organ damage; and
  • Emotional trauma.

Always seek medical care immediately following a car accident and attend any recommended follow-up appointments.

Damages and Comparative Negligence in a Car Accident

The party responsible for a Pennsylvania car accident may be responsible for paying the victim’s:

  • Medical/hospital expenses;
  • Lost wages;
  • Loss of earning potential;
  • Pain and suffering;
  • Mental and emotional trauma;
  • Loss of enjoyment of life;
  • Wrongful death expenses; and
  • Other viable costs.

Pennsylvania is a comparative negligence state. This means to collect damages for a car accident; the victim must not be more than 50 percent at fault for that accident. If the court finds the victim more than 50 percent at fault, the victim gets nothing.

However, if the victim is less than 50 percent at fault, that percentage is deducted from the damage award. If the victim is not at fault, there is no deduction from the damage award.

Pennsylvania’s Time Limit for Filing a Car Accident Claim

Pennsylvania does limit the amount of time a car accident victim has to file a claim for damages. This is called a statute of limitations. Pennsylvania’s time limit is two years from the date of the accident.

What to do After a Car Accident Occurs in Montgomery County

There are various steps that individuals can take after sustaining an injury or property damage caused by a vehicle accident. As we get through these steps, we acknowledge that the aftermath of the vehicle accident can be chaotic, and you may not be able to take all of these steps in this exact order.

  1. Call 911. Somebody at the scene needs to make sure that the Montgomery County police department and law enforcement officials, as well as Montgomery County fire rescue and EMS personnel, are on the way to the crash site. Just about every vehicle accident in Pennsylvania has to be reported to law enforcement officials and police department so they can come, complete an accident report, and provide services.
  2. Seek medical care. Any person involved in a Montgomery County vehicle accident needs to seek medical treatment as soon as possible, even if they do not feel much pain right after the crash occurs. The signs and symptoms of some car accident injuries do not appear until hours or days following the collision. Seeking immediate medical care established as a strong link between the crash and any injuries that do occur.
  3. Gather evidence. If it is safe to do so at the scene of the crash, we always recommend gathering as much evidence as possible. This can include using a cell phone to take photographs of everything at the scene, including vehicle damage, traffic and weather conditions, causes of the crash, debris, skid marks, injuries, etc. If there were any eyewitnesses to the incident, you should get their names and contact information as soon as possible.
  4. Report the incident to your insurance carrier. You need to report the vehicle accident to your insurance carrier as soon as possible, preferably during the same day. Your insurance carrier does not need detailed information at this point, but they do need to know that the crash occurred and that you are seeking treatment for injuries.
  5. Speak to an attorney. You need to reach out to a skilled vehicle accident attorney in Montgomery County who can handle every aspect of the claim on your behalf. An attorney can get involved, continue the investigation into the incident, and handle all communication with other parties moving forward. This includes communicating with the other driver’s insurance carrier.
  6. Continue medical treatment. You need to continue all medical treatment recommended by your doctor until you have reached what is considered maximum medical improvement. If you choose to discontinue medical care, this could be used as evidenced by the at-fault party’s insurance carrier that you are not really as injured as you initially claimed.

How to Afford a Montgomery County Car Accident Attorney

At Wilk Law, we take Montgomery County car accident cases on a contingency fee basis. This means that our clients will not have to worry about paying any types of fees while their case is ongoing, including any ongoing out-of-pocket costs. Our firm will handle these expenses. Car accident victims will not have to worry about paying any legal fees to our law firm until after we successfully recover the compensation they are entitled to.

Understanding Pennsylvania Car Insurance Laws

If you own or operate a vehicle in the state of Pennsylvania, you are required to maintain insurance on that vehicle. The Commonwealth operates a bit differently than other states around the country when it comes to vehicle insurance options. Here, we operate under a “choice no-fault” system. This means that drivers in Pennsylvania have a choice of choosing between a “limited tort” or “full tort” coverage option. This will play a significant role in how your claim is handled after a vehicle accident occurs.

If individuals in Pennsylvania choose the no-fault insurance system, this means that they are going with a “limited tort” insurance coverage. Under this type of system, individuals will turn to their own automobile insurance to pay for their medical bills and out-of-pocket expenses after a vehicle accident occurs, regardless of who caused the incident. The only way to step out of the no-fault system and file a third-party lawsuit against the at-fault driver is if the injuries meet a certain threshold set under state law.

However, Pennsylvania is unique in that it allows drivers to opt-out of the no-fault system and opt-in to the “full tort” system. This means that drivers can choose to go with a more traditional fault-based insurance policy, similar to the policies seen in most other states around the country. Under this type of system, individuals will only be able to recover compensation for their medical bills and out-of-pocket expenses if another driver caused their crash. They will have to go through the process of proving fault when opting into this insurance system. Additionally, a successful claim through the full tort system could also result in a person recovering compensation for pain and suffering damages, something that is not available in the no-fault insurance system in Pennsylvania.

Will Your Case Have to go to Court?

The vast majority of car accident claims in Montgomery County are resolved through settlements with insurance carriers. This means that the insurance carrier will review the claim and make a settlement offer. This does not mean that you have to take the first settlement offer, but negotiations can begin based on the initial dollar amount offered by the insurance carrier. Under the no-fault insurance system in Pennsylvania, it is rare for a vehicle accident claim to go to court. Typically, this will only happen if the injuries seriously impair bodily function or result in permanent and serious disfigurement.

Under a full-tort insurance system, individuals may be able to file a lawsuit if the insurance carrier refuses to offer a fair settlement. In these situations, it may ultimately be necessary to go to a jury trial, but the case is still typically resolved before it reaches that point.

Contact a Montgomery County Car Accident Attorney Today

If you would like to know more about how comparative negligence or Pennsylvania’s statute of limitations applies to your car accident claim, call the experienced car accident attorneys at Wilk Law. All claims are different, so it is essential to get advice specific to your case’s facts.

Wilk Law’s Lower Merion car accident attorneys will meet with you for free, and answer your most pressing legal questions about your injuries, holding any negligent parties responsible for your pain and suffering, the types of compensation available to you, and any other matters you feel are important. This is your car accident claim, your personal information, and we want to meet your goals and expectations. Call Wilk Law today, or contact us on our website.