Philadelphia Injury Lawyer

Car Accident in Philadelphia ?

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ATV Accident Basics

ATV Accidents

ATVs, which include those vehicles that are also commonly referred to as “quads,” are increasingly popular amongst teenagers and adults. They are used for enjoyment as well as to transport heavy objects or even to go shopping, especially in rural areas.

ATVs look safe to operate and very stable, particularly on uneven ground, but they are still involved in accidents and serious injuries are often the result. Unfortunately, many of the accidents involve children under the age of 16 years.

ATV injuries

A victim of an ATV accident who fell or was thrown out of an ATV while out four-wheeling can suffer some quite serious injuries, which include:

• Face injuries
• Head injuries
• Traumatic brain injuries
• Neck injuries
• Broken bones and fractures
• Spinal cord injuries
• Paralysis

If the ATV was to tip over onto a child, then injuries sustained could be fatal.

Who is responsible for ATV accidents?

ATV accidents are not always straightforward when it comes to finding the person who is at fault. Many users are riding and driving for pleasure and might not even be on a public road with other road users. An accident might occur in more unusual circumstances than an auto accident on a highway. The person who owns the ATV may be the one who is responsible, and it maybe necessary to file a claim for compensation from that person.

Poorly maintained trail owners may be held responsible

However, if you were out riding on a specially designed ATV trail that was damaged in some way, perhaps through a weather event or erosion, and large potholes had developed and you were not informed, then the individual or organization that owns and maintains the trail could be held responsible. In this sort of situation, it may be necessary to file a claim with the insurance company that has provided homeowners insurance for the property and trail owner. Lastly, it could be a product liability case if the ATV had malfunctioned because it was defective in some way. This could be brakes, tires, welding or a problem with the strength of the ATV.

ATV accidents are very stressful, as often those who are injured were out enjoying themselves and then all of a sudden they are inflicted with life threatening injuries. If you or a member of your family has been injured due to an ATV accident, you should be contacting an accident lawyer to discuss your right to file a claim for compensation. It is your legal right to claim compensation for injuries received in an accident that was not your fault. Any compensation received is to cover the costs of unplanned medical costs, loss of earnings while recovering, home care if the recovery time is a long period and the emotional suffering caused by the accident.

Your Car is Worth Less!

http://www.dailyherald.com/article/20120820/business/708209982/

Nice read for those in Illinois whose car has been damaged in an accident.

Car Accident Lawyers

As Car Accident Lawyers we see how serious the injuries can be. Every year in the United States there are over 6 Million Auto Accidents and over 3 Million people suffer injuries as a result. 

In the case that an Accident is not your fault, you will need the services of a professional Car Accident Attorney to help assist you in claiming damages against the liable party or their Insurance Company, as you may be entitled to compensation for:

• Medical bills
• Loss of earnings
• Car Rental
• Car Repair 

Contact us at (215) 735-4800 to make an appointment with an experienced Philadelphia Car Accident Lawyer and start your case today. 

Let's Talk About Limited Tort

Pennsylvania is one of three states that offer the option of limited tort. When you are signing up for an insurance policy in Pennsylvania, you may choose full tort coverage at a higher price, or you may choose limited tort coverage and relinquish some of your rights to recovery. The full tort option allows you the chance to recover for pain and suffering even if the injury is minor.

Many car owners like yourself do not fully understand the repercussions that go along with this decision. Limited tort injury victims lose the right to recover for pain and suffering for most injuries. Consulting with an experienced lawyer can help you determine whether your limited tort policy prevents you from making a claim or how to handle any claims you may make.

If you contact our office after you are in an accident and have limited tort liability insurance, we can help you:

• Get immediate medical care.
• Get medical bills paid.
• Get compensated for your injuries.
• Get compensated for lost wages.
• Get compensated for rental car expenses.

Time is a factor - Please contact us as soon as possible so we may begin to gather evidence for you. Our experience is that witnesses tend to move, memories cloud and conditions which may have caused your accident and injury are corrected. 

Exceptions - Having limited tort coverage does not mean that you are automatically prevented from recovering. Certain exceptions may apply, which can allow you to recover for pain and suffering. Even if your situation is not an exception, you can still recover for economic losses such as missed time at work or rental car expenses.

• You were hit by a car registered out-of-state.
• You were hit by a drunk driver.
• You were riding in a commercial vehicle.
  
  • Commuter vehicle such as a bus, train, trolley, or taxi;
  • Van, truck, or car owned by a company;
  • Semi-truck or trailer; or
  • Any kind of vehicle that is titled or registered to a company.
• You have a serious or permanent injury.  Even the smallest physical injuries seem serious to those living with pain that affects their daily routine. Pennsylvania law, however, defines a “serious injury” as “a personal injury resulting in death, serious impairment of bodily function or permanent serious disfigurement.” Pa.C.S. 75 § 1702. Whether or not an injury is serious depends on a variety of factors. The insurance company will almost always argue that your injury is not serious. Let us prove that it is and get you compensated.

The first step to making a claim is to speak with an attorney who knows limited tort law and how it will play out in your situation. Joel Kofsky has handled these types of claims for twenty years. Insurance companies count on the fact that you don't know the law. You should count on an attorney who does.

Based on your situation, you may be finding it difficult to find transportation to an attorney's office. We regularly make home and hospital visits. Call us at 215.735.4800 and we can set up an appointment that works for you.

Wildwood Ferris Wheel Accident

Wildwood Ferris Wheel Accident

by Joel Kofsky on Saturday, June 4, 2011 at 6:14am

First, my heartfelt condolences to the family for their tragic loss. As many of you know, I operated a business on the Wildwood boardwalk for over 30 years. This ride is located a block away from where I was and this really hit home.

Naturally, I am not saying whose fault this was but I have had many arguments with my friends and family about allowing our kids on certain rides. My reasons are as follows and they may well apply to other amusement parks.

1. Almost all of the operators are summer employees; even if trained the previous year they forget things.

2. In Wildwood, there is an extraordinarily large percentage of foreign workers. Many speak passable English by August, but this early in the season it is a challenge for them.

3. Many can not read English fluently and may not understand the directions.

They simply smile and say "yes" when asked if they understand the operating instruction as they fear losing the job they crossed the world for.

4. Many of these kids just got to the US; they are still jet lagged, finding their way around, and simply exhausted.

5. This may be their first taste of freedom; sometimes it's beer.

6. It is boring to work out in the hot sun all day and say "next, ticket please".

You lose focus.

I do not know who operated the ride nor am I saying anything is wrong at this pier. As a parent, I am just pointing out some facts and if the amusement ride looks like it may pose a risk I would suggest watching the operator and see how prudent they are with safety checks (pulling bars into locked position, checking belts..etc).

And please do not let you child ride alone. Anyone reading this knows I seldom post...I am doing it so you think and protect your kids.