The leading Pennsylvania car accident attorneys of Heavens Law Offices are recognized for their excellence in personal injury law. Our firm is dedicated to helping car accident victims injured by the negligence of others. We provide the highest quality legal representation to injured victims and families throughout the Pennsylvania Tri-State area and throughout West Virginia and Kentucky.

Car accidents happen every day in Boothwyn, Delaware County, and other cities and counties in Pennsylvania and the United States. In fact, they are one of the leading causes of personal injury and death in the United States. Although they are called "accidents," the term is misleading because in most cases, the accident is avoidable and at least one driver is usually at fault. The legal term used to describe fault is "negligence." Negligence simply refers to the breach of a legal duty owed to another person. When people breach their duty to others, causing harm, the negligent party is legally liable for any injury or damage that results.

A good example of the application of civil justice/negligence principles is a common situation where a person spills coffee while driving a vehicle. The driver who spills coffee doesn't mean to cause harm, but may be briefly distracted and look away from the road momentarily. If the distracted driver were to strike a mailbox while momentarily distracted, would it be acceptable for the driver to continue on his/her trip without stopping to alert the mailbox owner and to agree to pay for the damage? Everyone would agree that the driver who struck the mailbox, even though the driver did not intend to cause harm, should be responsible for repairing or replacing the mailbox. That is an application of negligence principles and, when you think about it, it reflects the values that we teach our children. We would never tell our children to keep driving and let the owner of the mailbox worry about the harm we caused, even if it was accidental.

When drivers obtain a drivers license, they, in a sense, enter into a contract with everyone else on the road that requires them to follow the rules and be careful. Drivers have a legal duty to exercise reasonable care in operating their motor vehicles. When their negligent or reckless driving causes an accident resulting in injury or death, drivers "breach" this duty and are liable in damages to the parties they harm. "Damages" refer to the negligent party's financial responsibility for any injury or death caused by the crash. This may mean compensating the injured party or surviving family members for property damage, medical or funeral costs, lost income, and other expenses incurred as a result of the accident. Again, a simple example is the one in which the momentarily distracted driver causes harm. Even though they did not mean to cause harm, we all agree they should not just drive off without taking responsibility for the harm that they caused, whether it be a damaged mailbox or the death of a fellow motorist.

The primary causes of car accidents include:

• Distractions inside or outside the car
• Talking or texting while driving
• Failure to yield the right of way
• Violation of basic traffic laws
• Driving while intoxicated
• Weaving between lanes
• Excessive speeding
• Product defects

These examples demonstrate different types of negligence. When a driver speeds, weaves through traffic, and blows a red light, the driver is making decisions that the driver knows will endanger the lives of others. The same applies to motorists who decide to get behind the wheel and drive under the influence. The law does not punish their specific "intent" to injure others, but holds them liable for the reckless indifference they show to human life. These accidents usually give rise to criminal cases punishable by imprisonment or fines.

Personal injury law, on the other hand, focuses on holding the at-fault parties civilly liable for their negligent conduct. Victims sue the negligent driver to recover compensation for the injury. Many times, this is the only recourse injured parties have to fully recoup their expenses. The aftermath of a crash can cause serious financial setbacks. Car repairs are not cheap and medical treatment can be prohibitively expensive. Because insurance companies only pay up to the policy limit, accident victims rarely recover all the financial losses associated with a crash.

In some cases, the injured party does not need to prove negligence to recover. This is where the at-fault party is "strictly liable" for the harm. Manufacturers, for example, are strictly liable for injuries caused by any foreseeable use of a defective product. The flaw could be in the product's make, model, or design. Manufacturers recall car parts every day because some defect in the tires, brakes, or floor mats causes accidents, injuring the consumer. In these cases, injured parties need not show a breach of duty, but only that the defective product caused their injury. Accident victims may bring product liability claims in addition to claims against the negligent drivers.

If you or a loved one was injured in a car accident, call the experienced Boothwyn, Delaware County, car accident lawyers at Heavens Law Offices immediately. State law limits the amount of time injured parties have to bring a claim. Excessive delays could diminish the value of your claim or even bar your right to relief. Insurance companies may assert spoliation of evidence defenses if you do not act immediately to protect your rights. That is why it is important to contact a qualified legal representative right away. At Heavens Law Offices, we have successfully handled all types of personal injury cases, recovering millions of dollars in verdicts and settlements for our clients. Our firm is dedicated to helping you obtain the compensation you deserve. For a free, confidential consultation, call us at 1-866-HEAVLAW or contact us online.