On average, every year there are 6 million car accidents in the United States. (About 16,500 accidents every day). And out of these, approximately 3 million people are injured every year. In fact, the NHTSA reports that the average driver in the United States will be involved in 3 to 4 crashes in their lifetime.
Apart from obvious preventative measures—such as wearing a seatbelt, not driving under the influence, not texting while driving, not speeding, and obeying the traffic laws—there are some other important areas that are worth considering:
Does the type of car insurance coverage that I have really matter?
Yes. Car insurance policies and companies vary widely. Some policies—even though they satisfy the minimum insurance requirements in Pennsylvania—are grossly insufficient. And some companies—even when it is your own insurance company who had a duty to treat you in good faith—can be very difficult to deal with when you are in an accident.
You should not select a policy just based on the price of the policy. Rather, you need to select a policy based on what coverage the policy actually provides.
Unfortunately, what many injured individuals have found out, too late, is that the lowest priced policies often provide inadequate insurance coverage for the extent of the car accident injuries that occurred. A cheap policy may really have insufficient coverage, which may put you, or your loved ones, is a bad position following a car accident.
Often, the price difference between a policy that provides sufficient coverage versus a policy that is grossly insufficient is not even a big price difference in the premiums. You can get significantly more coverage by paying a little more and by selecting the right policy. This is the pay now and save later approach.
We have found that most people who select inadequate policies have done so not because of the price difference, but because they just did not know any better. They fell for the aggressive insurance companies’ marketing of how much they can save you on car insurance. But you get what you pay for, so that less expensive policy in the short-term may end up costing you much more in the long-term when the coverage is insufficient.
Below, we discuss more details about car insurance coverage so that you will understand key concepts.
What is the difference between Full Tort versus Limited Tort insurance coverage?
In Pennsylvania, if you selected limited tort, you pay a lower premium for your insurance. But with limited tort coverage, you may only recover money for your pain and suffering if you have sustained what the law defines as a “serious bodily injury.” A serious bodily injury is generally considered to be a life-changing, permanent injury.
If you choose limited tort and are unsure if you have sufficient injuries, you should consult an attorney.
In Pennsylvania, drivers pay a higher premium for full tort insurance coverage. But with full tort coverage, you have better coverage, and you may recover money for your pain and suffering.
If you select full tort coverage, you will have a much better policy that will protect you more. Unfortunately, insurance companies rarely explain coverage options.
What does Uninsured and Underinsured Motorist (UM/UIM) insurance coverage mean?
This is one of the most important, and most overlooked, insurance decisions an individual needs to make. Without uninsured/underinsured motorist (UM/UIM) coverage, if you are seriously injured by a negligent underinsured, or uninsured, motorist, you risk receiving nothing.
UM/UIM coverage protects you from other drivers who either have no insurance coverage or who have a policy limit that is too low to cover the cost of your injuries.
Please check your policy to ensure that you have selected that your policy includes these important UM/UIM coverage options.
Again, unfortunately, insurance companies rarely explain coverage options. If you would like to talk to an experienced personal injury attorney about your insurance options to make sure your auto insurance includes good coverage, please call us at ThePhillyLawyers.
What should I do if I get into a car accident?
There are several things you can do to protect yourself if you are in a car accident. If you are able:
1. Call the police.
2. Never admit fault.
3. Get all the following information from the other driver: driver’s name and address, owner of the car, license plate number, and insurance information.
4. Take pictures of all the cars, the damage, and the surrounding area—including the street, any skid marks, and any signs or obstructions.
5. Promptly seek medical treatment at the hospital or doctor.
6. Inform your doctor of all your pain and injuries; provide as many details as you can.
7. If your pain continues or increases, keep your doctor updated and informed.
8. Follow up on all treatment recommendations.
9. Call us immediately at 215-884-9300, even while at the accident scene, and we will help you further.
Do I need a lawyer after my car accident?
After a car accident, here are some of the many reasons why having a lawyer is in your best interests:
Insurance companies are large, profitable businesses who train their adjusters to save the company money. Other parties’ insurers often use tactics designed to avoid or deny that their insured driver was actually at fault. They will pressure you to accept fault. They will even try to get a recorded interview from you. You need a lawyer who preserves your rights. You need a lawyer to help you with your own insurance company and to protect you from the other parties’ insurers.
In many accidents, there is often a question of who was at fault. For these disputed liability cases, you need an experienced lawyer who can investigate the issues, who can resolve liability questions, and who has the experience and willingness to take cases to trial.
After an accident, pain and suffering frequently worsens. The effect on your life, your work, and your family can be life-altering. The right personal injury lawyer will ensure that these real life-impacts are considered and valued at settlement discussions and at trial.
Also, the laws and billing practices in Pennsylvania regarding payment for medical treatment can be confusing for people. A car accident attorney can help ensure that your medical bills get paid in by the right parties. Without a lawyer, your bills may go unpaid and become your responsibility.
Additionally, as part of your personal injury claim, the right lawyer for your claim will also look at your future medical expenses, past and future lost wages, and property damage. Because the rules are confusing and insurance companies are often unhelpful, you will need an experienced lawyer to guide you through the process.
After an accident, you will receive many phone calls—the person who hit you, their insurance company, the hospital, the doctors, your insurance company, and more. With a personal injury lawyer, you will have help with all of this. Because we become your representative to handle those calls and inform those parties of what they need to know, ThePhillyLawyers lowers your stress level. That gives you the time and energy to focus on your healing. Call us today at 215-884-9300 and we will be glad to answer your questions. For additional information, please view our car accident page.
In the past, for a conviction of any offense under a Federal, Pennsylvania State, or other state’s-controlled substances law, in addition to any other penalty, e.g., jail, probation, etc., a person would also suffer the additional penalty of a driver’s license suspension.
That is, after a person with a drug-related offense was prosecuted in criminal court, Pennsylvania’s Department of Transportation (PENNDOT) would then impose a mandatory minimum 6-month driver’s license suspension.
Often, in those circumstances, individuals were not even made aware of that additional civil penalty—the driver’s license suspension—until after being later cited for driving without a license (that they did not know was even suspended). That state of the law created reentry barriers and added hidden civil consequences to criminal prosecutions.
The law, Section 1532, which is found in Title 75—Pennsylvania’s Vehicle Code—was changed in 2019 to eliminate driver’s license suspensions for drug convictions. This month, Section 1532 changed again when the Governor signed, on November 3, 2022, a new version of the law. The new version of Section 1532 eliminates the drug-related driver’s license suspensions retroactively.
This means that for old drug conviction-related driver’s license suspensions that are still pending, now those are to be adjusted as if the driver’s license suspension penalty was canceled. The result is no driver’s license suspensions for new, and old, drug convictions. This is great news for countless drivers! If you need assistance with drug-related, or any other criminal charges, call us to learn how ThePhillyLawyers can help you at 215-884-9300.
Andrew Alston was invited by the Advocacy Program at the Temple Beasley School of Law to serve as a visiting lawyer to deliver a lecture to law students.
His recent lecture was an interactive presentation with a show-and-tell style on the creative use of visuals at trial. He discussed impactful visual technology for lawyers, and he provided an interactive demonstration of sample uses from our real practice. The feedback from attendees shared through the Program Director was that the students loved it.
After developing skills over the years, Andrew is happy to share insight with, and mentor our next generation of lawyers. Thanks to Temple Law and ThePhillyLawyers for this opportunity.
Andrew Alston, of ThePhillyLawyers, is thrilled to have been recently appointed as faculty to the National Institute of Trial Advocacy (NITA).
NITA’s Mission Statement reads “NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial system.”
Andrew has served as an instructor with NITA’s programs over the past three years, and he is proud to now be appointed as faculty. Andrew applies his recognized trial skills to clients at ThePhillyLawyers.
Emmett Madden is excited to have been appointed to the Montgomery County Public Defender advisory board. He is hoping to contribute to building a strong public defender office, and helping to raise the standards county wide for public service and criminal defense.
Below is a multi-page article from The Pottstown Mercury:
Advisory-boardBecause of the seriousness of Driving Under the Influence (DUI) charges, there are certain mandatory minimum penalties that are established by the legislature. And when it comes to drugs in a person’s system, such mandatories can be lengthy.
For instance, with a second offense DUI that is in the highest rate category—this means any drugs in a person’s system—such an offense carries a mandatory minimum penalty of 90 days to 5 years’ incarceration, an 18-month driver’s license suspension, and a number of other serious penalties.
One of our clients, Cynthia (name changed for privacy), came to us with exactly that situation—a highest tier 2nd offense DUI. So to Cynthia, her case appeared hopeless. She believed she would have no other choice but to accept the mandatory minimum jail and license suspension penalties. And for Cynthia this would have meant that she would have been separated from her teenage daughter, terminated from her job, taken from her family, and removed from her home.
As soon as we were retained to represent Cynthia, we began working on her case. We did not just accept the “mandatory” penalty. Instead, we thoroughly investigated her case to figure out how to improve her position.
What we first determined was that her aggravating prior offenses, which made this a 2nd offense, was almost outside of the 10-year lookback window. This created an opportunity for us to challenge the offense number.
Next, we studied all of the discovery in the case and determined that the reason she was pulled over was due to very minor driving imperfections. That is, based on our review of the evidence and the videos, we were able to show that her driving was not unsafe, and did not justify the police stopping her car.
Finally, we analyzed the laboratory blood results, which at first glance “proved” she was DUI under Pennsylvania law. But we did not stop there. After our thorough study and challenge to the lab report, we established that her blood alcohol level was actually below the legal limit, she had no active drugs in her system, instead, only inactive drug metabolites were present.
We also performed what’s called a mitigation investigation. That is, we investigated and learned about Cynthia’s personal story. We learned about how she cares for her sick parent and is a great mom to her teenage child. We looked into her educational and employment history as well as a number of other aspects of her life, which are unique to her. With all of that information, we were able to help explain what had occurred and why she did not deserve the otherwise mandatory penalties. In criminal defense representation, mitigation investigation is a very important tool to help effect the best possible outcome for the accused.
While the above is only a snapshot of our efforts, the most important part is that we were able to secure a result for Cynthia that included no jail time and no license suspension. Because of this result, Cynthia was able to hold onto, and continue in, her relationship, her job, and her home and family life.
The way we practice—as we share through Cynthia’s story—is the way that we are proud to defend our clients against criminal charges. All our clients have a story, a story which they deserve to be told.
Freedom is the most precious gift in life. When freedom is threatened, or lost, due to criminal charges, the person charged needs a lawyer with experience who will invest the time, energy, creativity, and resources necessary to defend the accused.
John stopped at a stop sign on his drive home from work. Another driver slammed into the rear of his car.
Prior to this accident, John was a hardworking, skilled tradesperson who had worked for over two-decades in his trade. But because of his accident injuries, he was out of work for months.
When John was out of work, it put significant financial strain on his family. Even though he diligently tried to return to work, the accident-related injuries simply would not allow it—he physically could not do what he could do before.
To help John and his family, we aggressively pursued John’s personal injury claim. We investigated the accident. We also made sure he received the best medical treatment and that all his bills were paid.
From the start, we prepared our case as if we were going to a jury trial—sparing no effort or expense—to make sure John would get the relief that he needed.
We gathered all medical records, and we retained the best experts to prepare reports that accompanied our organized and persuasive pre-trial settlement packages.
Our settlement packages are unlike other lawyers’ settlement packages in that we put significant work in at this early stage. We use persuasive images, medical art, and expert reports with our settlement packages. And in John’s case, we even used professional videographers to create a ‘day in the life’ video to capture how the accident injuries changed John’s life.
While our unique approach would have achieved a settlement in most cases, John’s case had two particularly tough sticking points that caused the defendant’s insurance company to persistently refuse to compensate John, even though we had proven that John was entitled to a substantial settlement.
As we got closer to trial, we continued investing time, effort, and resources to prepare John’s case. What became clear is that the defendant’s lawyer, and the defendant’s insurance company, understood we were well-prepared, were serious about securing justice for John, and that we would not give up.
Because of our approach, we ultimately achieved a substantial six-figure settlement for John and his family. Such a substantial award—whether through settlement or trial—is uncommon in Bucks County personal injury cases.
The way we practice—as we share through John’s story—is the way to win a large pre-trial settlement, i.e., show your opponent you are prepared for a jury trial and just keep working until justice is secured.
If you have been severely injured by a careless driver, you need a lawyer with experience who will invest the time, energy, and resources necessary to hold the other driver, and the other driver’s insurance company, accountable to achieve justice and proper compensation for you.
Because of the seriousness of certain criminal charges, securing release on bail can be difficult, or in homicide cases, impossible. When the most serious crimes are charged—such as first-degree murder—the stakes are so much higher. Even when a person is innocent of those charges, being charged with such serious crimes is very scary. The person gets taken into custody, denied bail, and waits years for trial.
When Luis Sierra was charged with a cold-case-first-degree-murder charge relating to a missing person some 45-years ago, he contacted R. Emmett Madden at ThePhillyLawyers.
By scores of character endorsements from family members and friends, Luis is a great father, grandfather, and positive member of the community. He has absolutely no prior criminal record. And he led an exemplary life as a hard-working public servant. After his career in public service, he retired and was enjoying time with his family.
But unfortunately, and without sufficient evidence, the police charged Luis with first-degree murder for an alleged missing person and murder from sometime in the 1970’s. Certainly, such a scenario is a nightmare for anyone—the stuff of movies, documentaries, and podcasts.
By way of background, first-degree murder charges were crimes for which a person, once charged, was legally denied bail. That meant that even though a person is presumed innocent, and even if a person is innocent, a person charged with first-degree murder is jailed waiting—sometimes for years—for their trial, without bail.
Although that was the state of the law, we filed bail motions and aggressively pursued Luis’ bail release because we believed the law was wrong. In Luis’ case, his good character spoke volumes about his innocence. And we cited our Pennsylvania Supreme Court’s cases such as Com. v. Neely, (noting that “to offer evidence of an otherwise unblemished life is not a plea of mercy. It is, in fact, to be weighed against any present allegation to the contrary. Character evidence may give a name to damning combinations different than what they seem, and be the truth that sets one free.”) And we argued specific caselaw and release criteria factors directly applicable to the appropriateness of Luis being released on bail.
We also relied on our Pennsylvania Supreme Court’s reasoning in Com. v. Talley, to point out the prosecution’s insufficient evidence, failure of proof, and the lack of evidence of any dangerousness—all of which we argued justified Luis’ release on bail. Fortunately, the court agreed, and Luis has been released on bail and is now home. A remarkable result.
The way we practice—as we share through Luis’ story—is how we are proud to defend our clients. Freedom is the most precious gift in life. When freedom is threatened, or lost, because of criminal charges, the person charged needs a lawyer with experience who will invest the time, energy, and resources necessary to defend the accused.
