car accident

Ten Steps to Follow if You Are Involved in a Car Accident

June 26, 2019 by Timothy F. Rayne, Esq.

By Tim Rayne, Esquire-

I am sure we can agree, car accidents are frightening, and maybe legal issues are not at the top of your mind during the first few minutes after the crash. Nevertheless, as a Personal Injury attorney in Pennsylvania, I have found that your actions, starting right after the accident, can have a substantial impact on your legal rights. For this reason, I have put together these ten steps to follow if you are involved in a car accident.

Call the Police
A police investigation and police report will help establish who was at fault for the car accident. Insurance companies rely heavily on the police report when reaching their determinations of fault. If the police do not investigate, determining who was at fault can become a battle between the two drivers.
Preserve Evidence
Do not move your car unless it is creating a dangerous situation or you are ordered to do so by the police. If possible, take photographs of the scene of the accident and the vehicles. Later, photograph any visible signs of injuries such as cuts, bruises, casts, braces, etc.
Identify Witnesses
Get names, addresses, and telephone numbers of any witnesses to the car accident. Often, witnesses will try to leave the scene before the police arrive. Encourage them to stay to provide a statement.
Get the Other Driver’s Vital Information
Be sure to get the other driver’s name, address, phone number, license plate number, car registration number, automobile insurance company name, and policy number.
Seek Immediate Medical Attention
If you have any pain after a car accident, it is advisable to get checked out at the Emergency Room or by your family doctor as soon as possible.
Report the Car Accident to Your Automobile Insurance Company
Your car insurance policy requires you to report accidents. Be sure to call immediately. You should be able to find a 24-hour 800 number on your car insurance policy.
Be Careful Whom You Talk To
You should not talk with anyone about how the accident occurred, other than the police and your insurance company. Any statements you make can be used against you. Avoid talking about the accident while you are medicated or in great pain. Never talk to the other driver’s insurance adjuster or give a recorded statement without your personal injury attorney being present. Your words can be twisted or misinterpreted.
Locate an Experienced Personal Injury Attorney
The laws regarding car accident cases and car insurance are constantly changing. You need an attorney experienced in personal injury cases to get proper representation. You are best served by an attorney who regularly fights for clients against insurance companies and who is prepared to negotiate a resolution or, if necessary, to take your case to trial.
Consult with an Experienced Personal Injury Attorney as Soon as Possible
Depending on the accident and your injuries, you may not need to hire a personal injury attorney to represent you. Nevertheless, you should consult with an experienced personal injury attorney as soon as possible. The car accident may require investigation before the scene changes or skid marks fade. An expert reconstructionist may be needed. Witnesses may need to be located and interviewed. The cars may need to be preserved. You should have an expert advise you on how to deal with both your insurance company and the insurance company for the other driver.
Don’t Sign Anything
Don’t sign anything without first getting the advice of an experienced personal injury attorney. A private investigator may ask you to sign a statement. The insurance adjuster may offer you a money settlement and ask you to sign a release of your claims. You should not sign anything without reviewing it with your attorney.

Tim Rayne is a Personal Injury attorney with the Chester County law firm of MacElree Harvey. Tim has offices in Kennett Square and West Chester, PA, and focuses his practice in helping injured victims of accidents. Tim has extensive experience in settling and trying car accident, medical malpractice, and other injury cases. To learn more about Tim’s practice, visit timraynelaw.com.

To schedule your free consultation, call (610) 840-0124, or email [email protected].

Can a State Agency be Held Liable for Accidents Caused by Unsafe Road Conditions?

March 7, 2019 by Tiffany M. Shrenk, Esq.

By Tiffany M. Shrenk, Esquire-

The Delaware Department of Transportation (“DelDOT”) is a State agency with the statutory responsibility of caring, managing, and controlling the public roadways and highways in Delaware. Within the past year, the issue of safety of Delaware’s Route 1 (SR 1) has been a focus in the local news after recent fatal cross-over and run-off accidents have occurred along the coastal roadway to the Delaware beaches. When tragic accidents such as these occur, the question of whether barriers should have been in place to prevent such accidents are always discussed and can lead to the question of whether DelDOT can be held accountable in a civil case for injuries and damages caused by unsafe road conditions.

The answer to this question begins with a quick review of Delaware’s Constitution of 1897. Article 1, Section 9 of the Delaware State Constitution provides for sovereign immunity for tort actions brought against the State and employees of the State in their official capacities. The Delaware Supreme Court has stated that “sovereign immunity is an absolute bar to liability claims against the State of Delaware unless waived by the General Assembly. Turnbull v. Fink, 668 A.2d 1370, 1374 (Del. 1995) (citing Wilmington Housing Auth. v. Williamson, 228 A.2d 182, 786 (Del. 1967)). To overcome the State’s immunity from civil liability, you must prove that the State waived immunity and that the claim is not otherwise barred by the State Tort Claims Act, which would allow a claim against a State agency or department when meeting certain criteria. Based upon a review of prior cases, DelDOT has not waived its sovereign immunity protection because, without the purchase of liability insurance, the analysis does not extend past the sovereign immunity issues. Without the waiver of sovereign immunity, recourse against DelDOT is not an option when roadway conditions cause injuries.

Although DelDOT enjoys immunity protection, the constitutional immunity granted to state agencies does not extend to third-party contractors engaged by DelDOT. While DelDOT still oversees roadway construction projects, they are often performed by third-party contractors who have entered into a contract with DelDOT to complete certain roadway projects. These contractors have contracts with DelDOT that include plans as to how the roadway work is going to be performed, the types of warning signs that the contractor will post in advance of the construction work to warn oncoming drivers of the roadway conditions, and traffic plans for lane or road closures. Although there is a duty imposed on a motorist to give full attention to the operation of her vehicle and to operate her vehicle with regard for the road, weather, and traffic conditions, there is also a duty upon the contractor to adhere to nationally accepted standards when preparing and implementing traffic plans and installing traffic control devices. If the third-party contractor performs the roadway work in a manner that is unsafe such that it causes an accident, the injured party can pursue recovery against the contractor who performed work and had control over the work site.

If you are injured in a motor vehicle collision that you believe was caused by roadway conditions, you should consult with a personal injury attorney who will perform the necessary legal analysis to determine what recourse is available to you and where civil liability will be found.

Tiffany M. Shrenk is an attorney in MacElree Harvey’s Delaware office. Licensed to practice law in Delaware and Pennsylvania, Tiffany represents clients in a wide range of civil litigation matters including, but not limited to, personal injury, trust, and estate litigation, real estate litigation, as well as contractual disputes and consumer fraud.

To learn more about Tiffany’s personal injury practice, visit her website or contact her at (302) 654-4454 or [email protected].

Flash Flooding: How to Avoid Disaster

July 24, 2018 by Timothy F. Rayne, Esq.

By Timothy F. Rayne–

Each year, more deaths occur due to flash flooding than from any other severe weather hazard, including tornadoes and lightning.

Here are some tips to help you stay safe when driving during flash flooding and unpredictable weather conditions:

1- Do Not Drive unless it is necessary. If you must drive, avoid roads near rivers and streams;

2- Never drive past flood barriers or warning signs;

3- Never drive into a flooded roadway. It can be difficult to accurately judge the depth of water on the road and conditions can change very quickly;

4- Turn around if you approach a roadway that is flooded.

5- If your vehicle stalls, abandon it and get to higher ground if you can escape the car and walk safely. If not, call 911 and remain in the car;

6- As little as 6 inches of flowing water can knock you to the ground.

7- One foot of water will float many vehicles and two feet will carry away most vehicles, including trucks and SUV’s;

8- Flood waters can conduct electricity from downed power lines and lead to electrocution.

Click here to read Tim’s full article.

Tim Rayne is a Pennsylvania Personal Injury Lawyer with the law firm, MacElree Harvey, Ltd. For over 20 years, Tim has been helping injured victims of accidents understand their legal rights to receive fair compensation. Tim has law offices in West Chester and Kennett Square, Pennsylvania and can be reached at [email protected] or (610) 840-0124.

Visit Tim’s website, to learn more about his personal injury practice.

Ten Steps to Follow if You Are Involved in a Car Accident

Can a State Agency be Held Liable for Accidents Caused by Unsafe Road Conditions?

Flash Flooding: How to Avoid Disaster

Here are some tips to help you stay safe when driving during flash flooding and unpredictable weather conditions:

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Here are some tips to help you stay safe when driving during flash flooding and unpredictable weather conditions:

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