Auto accidents like car, truck or pedestrian accidents are some of the most common types of accidents in the City and County of Philadelphia.
Individuals who are injured in auto accidents while on the job often have legal rights to financial recovery beyond workers’ compensation claims. Workers’ compensation is usually primary, meaning that a worker injured in an auto accident would usually make claims for medical treatment and lost wages through the employer or via the employer’s workers’ compensation insurance carrier.
However, workers’ compensation benefits are the not the be-all end-all. Workers injured in auto accidents can make claims against the at-fault drivers by filing an auto accident injury lawsuit. Under Pennsylvania auto accident law, claims may be made for financial compensation (medical bills, lost wages and pain and suffering). This is in addition to any workers’ compensation claims.
A delivery driver is out making deliveries in Philadelphia. While proceeding through an intersection in downtown Philadelphia, another driver fails to stop and t-bones the delivery driver at full speed, in excess of 45 mph. The delivery driver is severely injured. What legal claims can the delivery driver make?
First, the delivery driver can make a workers’ compensation claim for medical bills and lost wages. Second, the driver has the legal right to file an auto accident lawsuit against the other driver for negligence in failing to stop and causing the crash. These two cases are independent of each other; neither case depends on the other.
The key in any auto accident case in Pennsylvania, including work related auto accident cases, is proving negligence of the other driver. The other party must have caused the accident. In some cases, negligence may be clear, such as a rear end accident caused by a distracted driver. In some cases, investigation is necessary, such as a car accident involving multiple vehicles.
To have your work related auto accident case reviewed by one of our Pennsylvania auto accident lawyers, please call the firm for a free consultation. 877.944.8396