Philadelphia Car Accident Lawyer Blog

Last night, on my way to a holiday party at an Atlantic City casino, I was driving at a slow speed, traversing the levels of a multi-level parking lot, when—suddenly and without warning—a giant SUV came flying around the corner at a high rate of speed. The driver missed my car by what seemed like less than an inch. Thereafter, he revved up and barreled out of the parking lot—at a speed unsafe even outside a parking lot environment. It was clear that the driver had been drinking, quite likely at a holiday party. What’s worse, he had also been talking on his cell phone, and not paying attention.

Almost 25% of all car accidents occur in parking lots, and, while they typically occur at low speeds and don’t result in serious damage, they are sometimes quite serious, especially when alcohol is involved. In the last year, I was retained to represent the legal interests of some unfortunate individuals who sustained catastrophic injuries when hit by drivers backing out of parking spaces—drivers who had not even seen them.

Most parking lot accidents lead to fights regarding who was at fault. For this reason, it is vitally important to document a parking lot accident immediately after it occurs, by filing a police report. In addition, if it takes place on a private property with video cameras, it is wise to ask the facility to preserve the video tapes, in order to avoid spoliation of evidence.

People often choose to “quietly” settle such seemingly minor accidents directly with the other driver, without filing a claim, for fear that their insurance rates will go up. However, if a legal Release of Liability is not issued, a tender of payment can be interpreted as an admission of fault. Just when you think the issue has been resolved, you may end up receiving a letter from the other party claiming head, neck, or back injuries.

It can be more difficult to prove fault in a parking lot accident, due to the fact that lanes are not well marked, or the lot is not designed with sufficient attention to safety. Thus, even when damages seem minimal, you should fully document these damages with your cell phone camera, and file a police report, to protect your legal interests and rights.

Always remember that an accident in a parking lot is an accident nonetheless. Bear this in mind when you celebrate the New Year!

An alarming number of serious single vehicle car accidents—often involving death or catastrophic injury—are caused by negligent auto repair, not negligent driving. In fact, negligence on the part of a repair technician or mechanic can be as profoundly damaging as negligence by a medical professional, and it warrants the same degree of attention, concern, and careful investigation.

Consumers have every right to expect auto mechanics to repair their vehicles in accordance with current technical and safety standards, thereby assuring the safety of both drivers and passengers. Conversely, auto mechanics, car dealerships, and repair facilities have an obligation to provide their patrons with an appropriate standard of care—and to take responsibility for any breach of care that causes catastrophic injury, death, or property damage.

Continue reading " Who is Responsible when Incompetent Automobile Repair Causes Catastrophic Injury or Death? " »

It should come as no surprise that distracted driving is a leading cause of car and truck accidents. What is surprising, however, is the reason. A distracted driver has a tendency to overcorrect, once his or her attention reverts back to the roadway, and to engage in what is called an ‘accident avoidance maneuver.’ In other words, the shock of surprise leads to overreaction—and danger.

Overcorrecting to avoid an accident is one of the deadliest driving mistakes a driver can make. It is what typically occurs when a driver’s vehicle hits gravel or ice, or when the driver’s attention is diverted by talking on a cell phone or changing a radio station. Not surprisingly, overcorrection is linked to drowsiness as well as distractedness. Indeed, over 5 percent of all automobile fatalities that occur each year are due to overcorrection by drivers who are either drowsy or distracted.

Continue reading " Overcorrection following Distracted Driver Inattention a Major Cause of Car and Truck Accidents " »