Last month, a catastrophic multi-car accident in East Falls, Philadelphia resulted in two fatalities and serious injuries to others involved. According to authorities, two cars collided on Henry Avenue, close to the Philadelphia University campus, in East Falls. A car, with three adults and four children, was traveling northbound on Henry Avenue, crossed over the center line and caused a head-on collision with another car traveling southbound on Henry Avenue. The second car had 2 adult occupants.
Nine people (five adults and four children) were taken to the hospital. Two of the children from the first car were ejected from the back window. A 6 year old boy was transported to St. Christopher’s Hospital with severe head injuries. Sadly, he was pronounced dead at the hospital. Another victim who suffered from head injuries, a broken leg, broken pelvis, a ruptured kidney and a lacerated liver was also pronounced dead.
The other injured victims include a baby, just a few months old, 2 other children and 4 adults who were all in critical condition.
Limited Tort & Victims’ Legal Rights After a Philadelphia Multi-Vehicle Car Accident
Victims of Philadelphia car accidents may receive financial compensation from at-fault drivers. For instance, a driver who caused a head-on collision and injuries to another driver will be liable for the other driver’s injuries. However, if the injured driver has limited tort on their PA car insurance policy, they may not be able to receive financial compensation for pain and suffering damages. There are exceptions to this rule under PA car accident and insurance law. If the accident or injuries fall under certain categories, then a victim with limited tort will be deemed to have full tort and will be able to sue for pain and suffering damages.
One of those exceptions is if the injury is a “serious injury.” Per PA case law, a serious injury is an injury that causes a serious impairment of a body function.
Injuries such as permanent brain injuries and catastrophic orthopedic injuries are generally considered serious injuries. For instance, a car accident victim suffering from a brain injury may have permanent short-term memory problems. A victim with a catastrophic orthopedic leg injury may need to use a cane to walk for the rest of his lives. These are the kinds of injuries which usually qualify under the law as a serious impairment of a body function.
In the above multi-vehicle accident, if the critically injured individuals have limited tort, they may be deemed to have full tort due to the severity of their injuries.
Help After a Philadelphia Car Accident
If you or a loved one was in a Philadelphia car accident and have limited tort, call the PA & NJ car accident lawyers at Laffey, Bucci & Kent. Our lawyers always offer a FREE consultation. (866) 641-0806
DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice. It is crucial to speak to a qualified lawyer prior to making any decision about your case. Read full disclaimer at the bottom of this page.
Source: http://philadelphia.cbslocal.com (Child Killed, 8 Injured In Multi-Vehicle Crash In East Falls)
Page last updated: October 7, 2016