Injured?

Injured?
Experienced Pennsylvania Injury Lawyers since 1994

Sunday, May 22, 2011

In Car Accident- How Do I Get a Copy of The Police Report? What Happens If There Was No Police Report Done?


If you were in a Car Accident in Pennsylvania, the Police typically will do a Police Accident Investigation Report. This is not the same as the one page "Notice of Accident Investigation" that you may have received from the Officer at the accident scene. Typically, the full Accident Investigation Report takes about 5 days for the Police Department to complete. It usually requires the supvervisor or Sargeant to review it and sign off. You can get a copy by contacting the Police Department and requesting the Report be sent to you. Or, you can stop in to pick it up. Most Departments will charge $15 for the Report. First, ask your insurance company to give you a copy - they may have already ordered it and then you won't have to pay. If the Accident happened on a State Route, such as I-76 (Schuylkill Expressway), or if it happened in an area patrolled by the State Police (such as some areas of Route 422 or Route 100 or Route 73), then the State Police respond and do the Report. It usually takes the State Police longer to do the full Report (usually about 2 1/2- 3 weeks). You would need to call the State Police Barracks to ask for a copy if your insurance company doesn't have it.

Sometimes the Police will not do a Report. If there were no injuries reported at the scene and/or both vehicles were driveable, then they may not do a Report.

If the Police do not do a Report, make sure you promptly contact your insurance company anyway to notify them of the auto accident. In Pennsylvania, the Police Report itself is not admissible in Court. So, whether a Report is done or not, if the case went to Court, you would still have to prove liability on the other driver. NOTE: Even though not admissible, the insurance company uses the Police Report to help them decide who is at fault. If you know of any witnesses, and no Police Report is done, it is important to obtain a witness statement from any witnesses.

Feel free to contact us if you have any questions or would like more information.


David Schreiber, Esq.
Personal Injury Accident Lawyer
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

Saturday, May 7, 2011

Do I have a personal injury case?--Injured from Fall on Ice in Montgomery County?


Ok, so you fell because of ice, maybe in Collegeville, Pottstown, Royersford, Limerick or elsewhere. How do you know if you have a valid personal injury case?

It will depend partially on where you fell. Was it on the property of a business or an individual? Businesses are held to a higher standard of care to keep their property cleared.

It will also depend on what caused the ice to form and how long the ice had been there. Pennsylvania law requires that there be an unreasonably dangerous condition that the property owner knew or should have known about; and, that the landowner failed to treat or remove the dangerous condition. If there was a defective condition on the property that caused the ice to form (such as a leaky drain spout or a hole in a walkway), that is a clear example of an "artificial condition". Those are a strong argument for liability. Otherwise, if it is simply ice that formed as a result of precipitation, then there are two possibilities. One, if it was an isolated patch of ice (versus generalized icy conditions in the area), then the test is how long the property owner had to clear or treat the ice and what efforts if any they made to do so. If you fell in an area where there was a large solid sheet of ice, then there must have been a large enough amount of precipitation that it caused a "dangerous accumulation" of snow/ice that the property owner failed to treat or clear.

It is important to get photos of the area or condition where you fell if possible. Any witnesses to your fall or to the condition where you fell will be important.