Understanding Fault Determination in Car Accidents in Pennsylvania

As an expert in car accident law in Pennsylvania, I have seen numerous cases where determining fault is a crucial step in obtaining compensation for victims. The laws in Pennsylvania 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 simple terms, negligence is defined as doing something that a reasonable person would not do or failing to do something that a reasonable person would do under similar circumstances. If a driver is found to be negligent, they are partially at fault for the accident.

For drivers with no-fault insurance coverage in Pennsylvania, fault determination may not be necessary as they can file a claim under their own personal injury protection coverage regardless of who caused the accident.However, the process of determining fault in a car accident in Pennsylvania has its own unique implications. The insurance company will carefully analyze the evidence and circumstances surrounding the accident to determine if their insured was responsible. This is why it is crucial for anyone found at fault in a car accident to seek the help of a qualified car accident lawyer who can investigate the claim and gather evidence to prove who is truly at fault. Determining fault in a car accident is an important step when filing a personal injury lawsuit. A skilled attorney can help build a strong case whether you are suing your insurance company, another driver, or disputing your own responsibility for the accident.

It is important to note that the statute of limitations for personal injury cases involving car accidents in Pennsylvania is two years, so it is crucial to act quickly. After filing an insurance claim, one of the first responsibilities of an insurance adjuster is to determine how the car accident occurred. If a driver is issued a traffic citation for violating a traffic law, this can be used as evidence of negligence in the accident. In Pennsylvania, it is required to report an accident to the police if there is an injury, death, or if the car is too damaged to be driven off site. When the police arrive at the scene of an accident, they will ask both drivers for their account of what happened. It is important to note that even if you are found to be partially at fault for an accident, you may still be entitled to compensation.

For example, if the other driver failed to leave enough distance between your cars, but your brake lights were faulty, your lawyer may argue that you are only partially responsible for the accident.

Benjamín Bélanger
Benjamín Bélanger

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