Our Legal Blog

In short, you can recover punitive damages in a Pennsylvania car crash case. However, you need to prove that the defendant's actions were a product of deliberate indifference to the consequences or intentional. If the court agrees with you, then you have to take additional steps in order to obtain punitive damages. However, in some cases, it is worth the hassle to go after punitive damages. What Are Punitive Damages? Unlike compensatory damages, which the court orders in an attempt to make you whole again, the court orders punitive damages as a way to punish the defendant's deliberately indifferent or intentional actions or inactions. The court may permit a jury to award punitive damages, if the evidence supports a wanton, reckless and knowing indifference. This may only occur if you collect compensatory damages and after a number of other factors are examined that would permit punitive damages. What is the Difference Between Reckless Indifference and Negligence? Most injuries arise because of a defendant's negligence. You cannot collect punitive damages for negligence. The actions of defendant must be reckless and wanton, meaning that the defendant was knowingly indifferent to the consequences…

If you did not buckle up before being involved in an accident, you may wonder, “Does not wearing a seatbelt affect an accident claim?” The short answer is “no.” If you are severely injured in an accident, don’t spend any time or energy second-guessing yourself. Move on with your life and focus on recovery. The fact that you were not using seatbelts can’t be used by an insurance company to show that: You are to blame for the accident, or Your decision caused your injuries or made them worse. Rieders, Travis, Humphrey, Waters & Dohrmann will not let insurance companies play these games. We will not allow them to break the rules, so our clients won’t be cheated out of any of the compensation they deserve. Not Wearing A Seatbelt and Your Accident Claim Is a Very Different Matter than Your Safety There is a good reason that the law requires seatbelt use: it can be a matter of life and death. It is Pennsylvania law that a driver or passenger under 18 years of age must buckle up, according to Subchapter E of Chapter 45, Title 75 of Pennsylvania’s…

How to get a car accident report is something you should know if you have been involved in a vehicle crash. It is usually the starting point for an investigation for an insurance claim or lawsuit. It is not admissible in court, and it may have mistakes in it, but it lays out what should be the facts of an accident. It should also state who, if anyone, was ticketed or arrested. It is an essential document for anyone involved in a car crash. If a vehicle accident happened, under Pennsylvania statute, you must contact the local police if: Someone was injured or killed, or A vehicle is so damaged that it needs to be towed away (it cannot be safely driven without further damage to it or the roadway). The same statute requires the police to investigate the reported accident. The police officer at the scene, or the one who contacts those involved when a report is made afterwards, writes the report. The officer at the accident may give you an incident number to help you find the report. Without that number, give your name, the date, time, and location…

If you are injured in a car accident, you may wonder what are non-economic damages in a car accident case. There could be different types of damages you could receive to compensate you, depending on the facts of your case. Under Pennsylvania law, damages generally fall into two categories: economic and non-economic. Car accident cases are typically based on negligence law. The plaintiff (the injured person filing the lawsuit) would need to prove that the defendant (the party sued) had an obligation to do or avoid doing something in the situation, and the defendant did not live up to that duty. For example, the defendant was speeding, ran a red light, or was intoxicated. As a result, the defendant caused the accident and your injuries. You need to establish the harm you suffered. The judge or jury would decide what damages you are entitled to and the amount. Sometimes cases go to alternative dispute resolution such as mediation or arbitration. Damages in a car accident case measure the harm you suffered in dollars. That is easier to determine for economic (sometimes called special) damages. They are a reduced income or…

Can you sue an uninsured driver? In the state of Pennsylvania, it is illegal for a driver to not be covered by auto insurance. And, in fact, we have one of the lower uninsured rates in the country, according to the Insurance Information Institute. That is great news. However, like in any state, there are drivers here who try to get away with driving uninsured. And if you are unlucky enough to be hit by one of them, you can find yourself in serious financial trouble. Can you sue an uninsured driver? The answer is that you may be able to. After your accident, it is important to hire an experienced lawyer to help you recover the money you need to pay your bills and other losses related to the wreck. The lawyers at Rieders, Travis, Humphrey, Waters & Dohrmann will help you with every step of your claim. We will: Calculate the amount of your losses Determine your own insurance coverage and whether you have enough to cover your losses If necessary, help you file a personal injury lawsuit against the other driver and any other responsible parties. Can…