As an expert in car accident cases, I have seen firsthand the complexities of determining fault in these situations. In Pennsylvania, the laws are known as modified comparative negligence, which means that multiple parties can be held responsible for an accident. However, the driver who is found to be more than 50% at fault is considered responsible for the accident. In order to determine fault, we must first establish negligence. This means that a person did something that a reasonable person would not do or failed to do something that a reasonable person would do in similar circumstances.
If a driver is found to be negligent, they are partially at fault for the resulting accident. One of the key pieces of evidence used to determine fault is the police report. This report contains an accurate description of the circumstances and details of the accident, as well as any damage sustained by the vehicles involved. It is crucial to obtain a police report as soon as possible after an accident in order to have an accurate record of what happened. The extent and location of damage to the vehicles can also play a role in determining fault. Depending on whether you live in a no-fault state or not, this can affect how insurance companies handle liability in car accidents.
It is important to note that the statute of limitations for personal injury cases, including car accidents, is two years. If you are seeking representation after a car accident, our team of experienced car accident lawyers can review the facts of your case and determine who was truly at fault. This can help ensure that you are not held responsible for any settlements that you should not have to pay for. In Pennsylvania, it is required by law to report an accident to the police if there is an injury or death, or if the vehicle cannot be driven from the scene. Once an insurance claim is filed, the insurance company will analyze the evidence and circumstances surrounding the accident to determine if their insured was at fault. It is important to check with your insurance company to see if you have collision coverage, as this can cover your losses after a car accident. When the police are called to the scene of an accident, they will gather information from both drivers in order to determine how the accident occurred. Ultimately, the distribution of blame in a car accident will depend on the specific circumstances of the accident.
An attorney can help gather necessary data to prove that you were not at fault or that the other driver was substantially at fault, which can reduce any judgment against you. For example, if you were speeding at the time of the accident but the other driver was distracted, both parties may share some of the blame for the accident. Additionally, if a police officer issues a traffic citation to a driver for violating a traffic law, this can be used as evidence of negligence in a car accident case. However, determining fault in a car accident in Pennsylvania involves different considerations than in other states. After filing an insurance claim, one of the first responsibilities of an insurance adjuster is to determine how the accident occurred. This can involve examining factors such as distance between vehicles and any potential vehicle malfunctions. At Rubin, Glickman, Steinberg & Gifford, we have extensive experience representing clients who have been injured in car accidents.
We serve clients in Norristown, Lansdale, Doylestown, and throughout Pennsylvania. If you have been involved in a car accident and need legal representation, do not hesitate to contact us for a consultation.
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