How Is Fault Determined in a Pennsylvania Car Accident?
A motor vehicle accident can have an overwhelming impact on your life. As if dealing with physical and emotional pain and suffering were not enough, there is a significant chance that you will face financial consequences in the form of medical bills and lost wages. Under certain circumstances, you can file a personal injury claim against the other driver. However, to recover compensation, you will need to demonstrate how that driver’s actions caused the accident, your injuries, and their consequences.
Understanding Fault in Pennsylvania
As a general rule, a person whose actions lead to a car accident is considered at fault for the crash and liable for its consequences. As such, establishing fault for a collision is critical to determining who might be financially responsible.
Pennsylvania has a unique car insurance system in which motorists select between “limited tort” and “full tort” options when they purchase their insurance. If a driver chooses a limited tort policy, they can only sue for non-economic losses like pain and suffering if their injuries are deemed to be serious according to state law. A driver who purchased a full tort policy has no limits on their right to sue.
Determining Fault in a Pennsylvania Car Accident
Lawyers will present several types of evidence to help a court identify who is at fault for an accident. Physical evidence from the crash site will play a critical role in demonstrating what happened. This type of evidence includes skid marks, debris from the collision, and visible damage to the vehicles.
Attorneys may also call witnesses to the stand to explain what they saw or show video footage of the accident occurring. Additionally, reconstruction experts can synthesize the raw evidence presented and use it to explain a likely chain of events.
After considering the evidence, the court will apportion fault between the involved drivers. For example, it might decide that a driver who failed to signal their lane change was 60 percent at fault for a collision while a driver who was speeding at the time was 40 percent at fault. A plaintiff (the person bringing suit) cannot recover compensation if they are more than 50 percent at fault for an accident. Furthermore, a plaintiff’s recovery is reduced by the same percentage as their fault.
Available Damages in a Car Accident Claim
Depending on the circumstances of the accident, you could be entitled to damages to compensate you for:
- The costs to repair or replace your car
- Any resulting medical expenses
- Any costs for mental health treatment
- Lost wages
- Lost earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Permanent scarring and disfigurement
How Our Pennsylvania Car Accident Attorneys Can Help
The car accident attorneys with Ainsman Levine, LLC, want to help you recover the compensation you need following an accident someone else caused. Our team can build a case to prove the other driver’s fault using strong evidence backed up by expert testimony as needed. Contact us now to get started with a free consultation.