Car accidents happen for various reasons, with aggressive driving being one of the main causes. The National Highway Traffic Safety Administration (NHTSA) defines it as a category of dangerous behaviors on the road, such as overspeeding, running a red light, tailgating, or changing lanes without caution. Often, these acts result in harm to other motorists, pedestrians, and cyclists. If you were a victim of one, you could receive compensation for injuries suffered.
If you decide to pursue a claim, it is crucial to speak to a Philadelphia aggressive driving accident lawyer from Ben Crump Law, PLLC. Their team will help you explore your legal options to help you get proper compensation. Get in touch at 800-959-1444 today.
Pennsylvania Is a No-Fault State
Before filing a claim, you must understand first what insurance policy your state follows. Unlike most states, Pennsylvania implements a no-fault system for car insurance under its Financial Responsibility Law. It requires all motorists to have medical or personal injury protection coverage that covers medical-related expenses for injuries. Regardless of whose fault the accident was, your insurer will pay your claim, but only up to your policy limits. Under state law, your minimum medical coverage should be $5,000.
Pennsylvania also offers two choices for auto insurance—limited and full tort. In limited tort insurance, the injured party can only seek recovery for medical bills, lost wages, and other out-of-pocket expenses. On the other hand, full tort insurance allows the victim to seek non-economic damages, such as pain and suffering and emotional distress, on top of financial losses from liable parties.
It is best to consult a Philadelphia aggressive driving accident lawyer to understand how you should proceed with a personal injury claim, especially from an at-fault driver.
There Are Exceptions to Limited Tort Coverage
Most motorists opt for limited tort coverage because it is less expensive than its full counterpart; however, it limits what you can pursue against the at-fault party. Fortunately, one can still bring a claim as if they had full tort insurance in some applicable situations.
Pedestrian or Cyclist
If you were hit or struck by an aggressive driver as a pedestrian or cyclist, you could collect a financial award outside limited tort provisions. At the time of the accident, the victim was not operating a vehicle, and as such, said tort option is not applicable.
Passenger of Non-Private Vehicle
Harmed passengers under a no-fault system have the same benefits as an injured driver; however, the situation will differ with the type of vehicle. If you were a passenger or driver in a commercial or business vehicle, full tort provisions might apply, allowing you to recover more compensation.
There are instances when the aggressive at-fault driver did not carry mandatory insurance. You may bring an uninsured motorist claim against your insurer, only if you have coverage for it. Otherwise, you may have to seek compensation from the at-fault driver personally.
Victim of DUI or DWI
Driving under the influence or while intoxicated is negligent behavior, and drivers guilty of these should receive punishment by not limiting their civil liability. Their victims should have full tort coverage, which may include compensation for pain and suffering.
Reach out to a Philadelphia aggressive driving accident lawyer from Ben Crump Law, PLLC to understand the state’s recovery thresholds and process for collecting compensation from your insurance carrier. Call today to speak with one of our team members.
For a free legal consultation with a aggressive driving accidents lawyer serving Philadelphia, call 800-959-1444
You Can Take a Claim Outside the No-Fault System
A no-fault insurance state like Pennsylvania limits the damages the victim can receive. This aims to prevent the courts from becoming overwhelmed with personal injury lawsuits. Your insurance company will settle your claims regardless of whose fault the accident is—it is your first recourse for financial recovery.
However, that does not mean you cannot collect compensation from the liable party, even if auto negligence is uncommon in no-fault states. As the victim, you have the legal right to pursue a claim when injuries are life-changing and severe. What the law considers to be a severe injury differs for every state—it could be a permanent disability, a fracture, disfigurement or deformity, or partial or total loss of body part functionality.
If your conditions meet the state’s severe injury thresholds under the no-fault law, you may recover the full spectrum of personal injury damages, including pain and suffering, from the at-fault driver or their insurance carrier.
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Why Work with a Philadelphia Aggressive Driving Accident Lawyer
Sometimes, automotive accident claims can be complicated. One misstep may lead to denial of your compensation, especially if you are unfamiliar with the claims process and state laws. It may be wise to seek a Philadelphia aggressive driving accident lawyer for legal guidance.
They will advise you on working with your insurance company, such as attending the required medical examination with the insurer-approved physician. Moreover, a lawyer will investigate your case to ensure that the settlement offer is reasonable and comparable to suffered injuries. For instance, your injuries from the aggressive driving incident have left you unable to work and require intensive future treatments. Your lawyer will consider these and non-economic damages like pain and suffering when estimating a just amount of compensation.
During negotiations, a Philadelphia aggressive driving accident lawyer will assess the offer and advise you against accepting the initial settlement, which is often significantly lower than what you deserve.
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Pennsylvania Statute of Limitations for Car Accidents
Those who have been injured in an aggressive driving car accident in Philadelphia have two years to file a personal injury lawsuit, as statute of limitations 42 Pa. C.S.A. § 5524 dictates. To build your car accident case, you must collect relevant evidence, negotiate with insurance companies, and file the proper paperwork. If you do not adhere to the two-year deadline, then you may not file the lawsuit at all. This means that you cannot pursue any financial awards.
Act quickly, and call Ben Crump Law, PLLC today. An aggressive driving car accident lawyer can show you your legal options and help you file your lawsuit in time, so you can receive compensation. Dial 800-959-1444 to set up a free consultation for your car accident case.
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Count on Us for Legal Help
At Ben Crump Law, PLLC, our Philadelphia aggressive driving accident lawyers will provide you with exceptional legal support to help win your case. We help numerous clients to get fair compensation. If you decide to proceed with a personal injury lawsuit, you can depend on us to provide legal representation and counsel.
To get started, call 800-959-1444 for a no-obligation consultation.
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