Car Accidents Archives - Rizio Hamilton & Kane P.C.

Drunk Driver Accident: How to Protect Yourself

drunk driver accident

Drunk driver accidents are far too common in the United States and have a devastating impact on those involved.  According to the NHTSA, approximately 1/3 of all car accident fatalities in the United States involve drunk drivers. In 2018, NHTSA data shows that 10,511 people died in drunk driving crashes. 

It is against the law to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 or higher.  And there are very serious ramifications if a person is caught operating a vehicle with a BAC in excess of the above mentioned limit, including fines, jail time, license suspension or revocation and the use of an ignition interlock device (which prevents a vehicle from operating without the driver blowing into the device to prove a clear BAC).  Although the above penalties would seem like enough to prevent a drunk driver accident, there are still people who drink and drive.

How can you protect yourself against drunk drivers and drunk driving accidents?  First and foremost, make sure you wear your seatbelt.  This tip seems trivial, however you would be surprised at how many of our clients fail to wear their seatbelts.  Do seatbelts save lives?  YES.  Do seatbelts lessen injury during a car crash? ABSOLUTELY.  Minimally, a seatbelt can prevent a head injury.  A recent case of ours involves a low speed crash, where the front seat passenger was not wearing a seatbelt, and this passenger’s head broke the windshield.  This type of injury is preventable, and is within your control. 

Second, stay off the road during the late night and early morning hours. As reported by the AAA Foundation for Traffic Safety, the highest number of drunk drivers are on the road between 12 a.m. and 3 a.m.  Additionally, the number of fatal drunk driving accidents are also four times higher at night than they are during the day. There are of course times when some people cannot avoid traveling at this time.  For instance, truck drivers may need to be on the road at these times.  But, for the average person, a late ride on the roadway can put you at unnecessary risk of encountering a drunk driver.   Other risky times to be on the road are unfortunately holidays and weekends.  Drunk driver accident rates increase during these times.

Third, and this tip applies ALL the TIME, use extra caution at intersections and keep additional distance between your vehicle and other vehicles.  Keeping extra distance will help you avoid side swerving that is common with drunk driving.  In terms of intersections, if you have a green light, you should still slow to make sure a there are no vehicles attempting to run a red light.  If you are sitting at a red light, and your red light turns green, take a moment to look around to make sure no one is trying to “beat the light.”  These types of “beat the light” scenarios can be deadly, because the impact is usually a high speed T-bone type of accident, which can cause significant injury and vehicle damage. 

If you or a loved one has been injured in a drunk driving accident, call our accident lawyers for a FREE consultation.  Our accident lawyers in Philadelphia and Bucks County have been fighting for the rights of personal injury victims for over 40 years.

Rizio, Hamilton & Kane, P.C. 215-567-1900 or toll free 855-822-6783

Car Accidents, Slip and Falls or Other Accidents and Coronavirus COVID-19

coronavirus COVID-19

Accidents and coronavirus COVID-19 . . . After a car accident or slip and fall, or other injury producing accident, many people are taken to or take themselves to the emergency room to have their injuries assessed.  How do accidents relate to coronavirus COVID-19? It is important to remember the following guidelines when entering a hospital, urgent care facility or other public place to have your injuries assessed.

  • Avoid touching your nose, mouth and eyes
  • Wash your hands often, especially after using door handles, elevator buttons and other touchpoints
  • If you have a cough, cover your cough with a tissue
  • Cover any sneezes with a tissue
  • Throw tissues directly in the trash can
  • Wear a mask if you have a cough
  • Stay 6 feet away from a person with a cough
  • Bring hand sanitizer and/or wipes with you, sanitize your hands and wipe surfaces before eating on or touching them

Coronavirus is believed to be spread through droplets, like coughing or sneezing, which is why it is important to wear a mask if you have a cough.   

Hospitals and urgent care facilities have been taking special steps to help prevent the spread of coronavirus or COVID-19.  These special steps include additional sanitizing and providing masks for patients with symptoms like a cough.  There are few cases of coronavirus in the Philadelphia area, however, hospitals are prepared for a possible influx of patients as a result of the virus.  The CDC has prepared guidelines for hospitals to follow in caring for and preparing for patients with coronavirus, and even for healthcare professionals who contract the illness.

Contracting COVID-19 in additional to an injury from a car accident or other accident would be less than ideal, as it would generally lengthen recovery time and could postpone certain tests or treatment.  If you have been in an accident, follow the above guidelines to keep yourself healthy and call our accident attorneys if you need legal advice.  Our consultations are free to all clients.

Rizio, Hamilton & Kane, P.C., top injury lawyers in Philadelphia and its surrounding areas for over 40 years.

Multiple Vehicle Car Accident – How Insurance Works When There are More Than 2 Cars Involved

multiple car accident

We’ve all seen the traditional multiple car pileup on roads like I-95, but do you know how your insurance works in a multiple vehicle car accident?

Medical Benefits – PA & NJ

  • Pennsylvania: If you were injured in the accident, your medical benefits will come from your own policy.  These benefits are called PIP or personal injury protection.  The amount or limit of your benefits will be based upon your selection when you purchased your policy.  Most people have $5,000 in PIP coverage.  You may have more, if you selected higher coverage.
  • New Jersey: New Jersey is much more complicated than Pennsylvania.  In NJ, in some cases, you can receive up to $250,000 in medical benefits.  However, you can also choose for your healthcare insurance to be “primary”, and have your PIP benefits be “secondary”.  Also, there can be co-pays or co-insurance payments for your treatment.  If your treatment becomes substantial, or if you are treating for your injuries for over a certain period of time, you may need to undergo an independent medical exam, where your treatment can be cut off.

Bodily Injury – PA & NJ

If you were injured in the accident due to someone else’s negligence, and you wish to sue for damages, then you would look to the person who caused the accident.  In stop and go traffic, often the person who causes the accident is the last in the line of traffic.  For instance, if you are stopped in traffic, and someone hits the rear of your vehicle, and then you hit the person in front of you, the person at the back of the line is the negligent party.  

Other times, in a highway accident situation, speed can influence the trajectory of the vehicles.  Cars can spin and tractor trailers can jackknife, so witnesses and police reports become important. Who actually caused the accident? It is that person who would be responsible for your damages.  So, hopefully, that person has good insurance coverage OR hopefully you have uninsured and under insured motorist coverage.  For more information on important insurance coverage choices, click here

If possible, make sure to obtain as much information as possible at the accident scene.  Try to obtain a DC (or District Control) number for the police report.  Also, take as many pictures as possible to recreate the story of the accident.

If you were injured in a multiple vehicle car accident, and you need advice, call our top accident lawyers at 215-567-1900 or 855-822-6783 (toll free).  All consultations are FREE.

Rizio, Hamilton & Kane, P.C. has been serving accident victims in Pennsylvania and New Jersey since 1978.        

Hit and Run Driver Case Study: Why Uninsured and Under Insured Motorist Coverage is SO Important

hit and run

Last year, we were engaged by a mother seeking justice for her daughter.  Her young daughter was struck by a hit and run driver.  Her daughter was severely injured, with a complex break in her leg that required surgery and a lengthy hospital stay.  In this situation, we had a photo to investigate the license plate and whether or not there was insurance coverage on the vehicle operated by the hit and run driver.

As we surmised, the hit and run driver and vehicle were uninsured.  In a scenario such as this, in Pennsylvania, we can sometimes collect a limited amount of compensation from the Pennsylvania Assigned Claims Plan … if the accident victim or person struck by the hit and run driver does not have car insurance.  However, in this case, the victim’s mother did have car insurance.  So, we were not able to pursue the Assigned Claims Plan Avenue.  Instead, we were forced to look to the victim’s mother’s policy. 

As you may have guessed, the victim’s mother rejected Uninsured and Under Insured motorist coverage, facilitating a devastating outcome.  When an insured rejects uninsured and under insured motorist coverage, that rejection affects every person covered by the policy.  The people covered by the policy would be any resident relative that does not have his or her own coverage, like children, parents, spouses, siblings. 

Unfortunately, we were unable to recover anything for the hit and run victim, as all avenues for recovery were exhausted.  In order to protect yourself and your loved ones from this situation, do not reject Uninsured and Under Insured Motorist coverage on your policy.  This option is very inexpensive and can help you and your loved ones avoid a tragedy.

For more information on uninsured and underinsured motorist claims and hit and run accidents, call our accident lawyers at 215-567-1900 or toll free at 855-822-6783. Every consultation is FREE and Confidential.    

UPDATE: On the day this article was written, a terrible tragedy occurred for a Temple student and his family in Philadelphia. He was struck by a hit and run driver near 8th Street and Cecil B. Moore Avenue, and was killed. This firm and the community is devastated for this man and his family. Unfortunately, the suspect is still at large. This firm and the community sincerely hope that the suspect is found and brought to justice in this heartbreaking case. This case is a terrible reminder of the impact of hit and run accidents.

Rizio, Hamilton & Kane, P.C.: Top Accident Lawyers Serving PA and NJ For Over 40 Years

Call 215-567-1900 or toll free at 855-822-6783

Uber and Lyft Accidents -TIPS from a CAR Accident Lawyer

car accident in Uber

If you were involved in a car accident in Uber or Lyft vehicles, there are some actions that you can take to protect your rights.

First, if you were a passenger or a driver of an Uber or Lyft, take a screenshot of your phone with the app up at or near the time of the accident.  This photo will serve as evidence of time and place/location of the accident.  If you were a passenger, it will also help to identify your driver and the make/model of the Uber or Lyft car.  Lyft and Uber may not save this information for more than a day or two, so it is important to keep your own records.

Second, it is important that you call the police immediately.  In the event of a car accident in Philadelphia, the police may not arrive at the scene of the accident.  The police in Philadelphia will only come to a car accident in Philadelphia if there has been serious injury.  In all other cases, make sure that the police arrive on scene and take a report.  Valuable information will be contained within the report, such as other drivers’ names, addresses, witness information, insurance and vehicle information.  All of this information is important, if you decide to take your possible case to a car accident lawyer.

Third, take as many pictures as possible.  Take photos of all vehicles involved, showing damage and resting position of the vehicles. Take photos of license plates, your injuries, intersections and/or location of the accident. (We already discussed taking a screen shot photo of the app, which is also important.) The more pictures that you have, the more your car accident lawyer can help you, and the better outcome your case will have. 

Fourth, get your injuries checked out.  Either go to the hospital or urgent care, so that you can be properly assessed. If the accident was high impact, you may be taken by ambulance to the emergency room at a hospital.  However, in lower impact accidents, you may need to seek your own care.  Injuries from car accidents sometimes do not manifest immediately.  So, just to be sure, have yourself checked out.  This medical visit will also serve to document the accident and your resultant injuries. 

If you are seeking advice from a car accident lawyer, call one of our Uber and Lyft car accident attorneys at 215-567-1900 or 855-822-6783.  Calls are free and confidential.  Our attorneys are experts in Uber and Lyft accidents. 

Rizio, Hamilton & Kane, P.C. – 215-567-1900 (local) or 855-822-8763 (toll-free)

Car Accident? Essential Tips When Buying Car Insurance

After a car accident, its too late to change your insurance.  Whatever options you chose before the car accident (in other words, the policy in effect at the time of the accident) will apply to you and your family members, and possibly your passengers.  That being said, buying car insurance is one aspect of life where we all must be proactive.  So, let’s talk about what to look for when choosing insurance.

  1. Tort Option: Limited Tort or Full Tort. 
    • Limited tort insurance costs less, however, it limits your ability to recover for damages related to an accident.  You cannot recover money for your pain and suffering under limited tort insurance unless you breach the threshold of serious impairment of a bodily function or permanent disfigurement.  In other words, you must be seriously injured, which translates into broken bones or worse, in order to recover for pain and suffering under limited tort insurance. 
    • Full tort insurance costs more, however, you will be able to receive compensation for your pain and suffering, regardless of whether you have broken bones or a soft tissue injury.  In plain language, at the end of the day, insurance adjusters immediately look for your tort selection, and if you chose the limited tort option, the insurance adjuster will most likely immediately DENY your claim.
  2. Uninsured and Under Insured Motorist Coverage This coverage is NECESSARY.  And the good news . . . it is very inexpensive.
    • If you are struck by an uninsured driver, which happens all the time, you would need to pursue a claim through your uninsured motorist coverage.  If you do not have uninsured motorist coverage, then you will NOT be able to recover for your injuries.
    • Under insured motorist coverage applies when the person who caused the accident has a low bodily injury coverage amount (generally the standard $15,000).  This happens in virtually all accident cases.  Most people buy the lowest coverage possible, because it is less expensive.  However, when you have broken bones, paralysis, surgery, injections, or other procedures, $15,000 will not adequately compensate you for your injuries.  Therefore, you would pursue an under insured motorist claim with your insurance company.

If you have been in a car accident, and you are not sure about your insurance coverage, call our car accident lawyers today for a FREE and confidential consultation at 855-822-6783 (toll free).  The lawyers at Rizio, Hamilton & Kane will review your policy information and help you chose the right path for you and your possible case.

Rizio, Hamilton & Kane, P.C. is a law firm that has been helping car accident victims receive the compensation they deserve for over 40 years.

Do You Need a Lawyer for an Auto Accident That Was Not Your Fault?

auto accident

Auto accidents happen all the time, and it’s important to know your rights if you are involved in an accident. So, if you’ve been involved in an auto accident that wasn’t your fault — do you need a lawyer? As a reputable auto accident attorney in Philadelphia, we’ve created this piece to shed some light on this topic.

First and foremost, consider that Pennsylvania is one of 12 U.S. states with “no-fault” insurance. No-fault states offer personal injury protection insurance, which will cover your accident-related medical bills up to your selected limit (usually $5,000).  In today’s world, however, $5,000 can be spent on medical bills in the blink of an eye. So then what?

Continue reading “Do You Need a Lawyer for an Auto Accident That Was Not Your Fault?”

6 Essential Driving Tips to Avoid Winter Accidents

As reputable auto accident attorneys in Philadelphia, we handle a myriad of different types of crashes and auto-related incidents every year. Our team of professional auto accident attorneys also wants to help keep drivers safe on the roads this winter. In fact, the following tips should come in handy as the roads become more dangerous.

Continue reading “6 Essential Driving Tips to Avoid Winter Accidents”

Thanksgiving Car Accidents — The Deadliest Holiday for Travel

Thanksgiving is here … bringing increased travel to virtually everyone.  According to the National Highway Traffic Safety Administration, Thanksgiving is the deadliest holiday for car accidents.  So, how can you avoid such a danger this holiday weekend? Here are a few tips to keep you and your family members safe! 

Continue reading “Thanksgiving Car Accidents — The Deadliest Holiday for Travel”

Do I need an Auto Accident Lawyer ? I was in a car accident with an Uber or Lyft Vehicle. Am I covered by Insurance?

car accident Uber auto accident lawyer

The auto accident lawyers in Philadelphia at Rizio, Hamilton & Kane, P.C. are often asked this question. So, let’s talk about whether you will have medical or other personal injury coverage in a rideshare accident, and whether or not you will need an auto accident lawyer.

Continue reading “Do I need an Auto Accident Lawyer ? I was in a car accident with an Uber or Lyft Vehicle. Am I covered by Insurance?”

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