When seeking compensation for injuries sustained in a car accident, fault must be determined by the courts regardless of which driver has been ticketed. The current liability laws governing car accidents were sold to legislators under the assumption that insurance rates would be reduced, though this has not been the case. The injured may have a more difficult time obtaining fair compensation after an accident, increasing the need for quality legal representation.
Drivers in Pennsylvania must carry personal injury protection (PIP). PIP has monetary limits to claims that often fail to meet the needs of the injured. Before a lawsuit may be filed, both the monetary impact and severity of injuries thresholds must be met. Proving fault becomes vital to obtaining compensation.
Establishing Fault in a Car Accident
To recover damages after a car accident, the injured party must prove the defendant’s negligence caused or contributed to the crash. Because statutory limits and subjective determinations are involved, a successful lawsuit depends on assigning fault. Factors that will be considered include:
- Violations of Pennsylvania vehicle codes – A violation of the vehicle code of Pennsylvania is a good place to start. If the other driver has committed a violation, this may be used to assign fault.
- Police report – The police report will contain details about the accident including road conditions, time of day, tickets issued, vehicles and drivers involved, and more. The report may be a key document in the recovery of damages, so never claim responsibility for the accident when questioned by police.
- Amending the police report – The police report may contain mistakes. Though the mistakes could be the result of clerical errors or other factors, these could impact whether a claim may be filed and if so, how much may be recovered. An amendment may be difficult, but in some cases necessary.
- Rear-end collisions – Usually, the driver who hits a car from behind will be considered liable for the accident.
- Left turn accidents – In most cases, the driver turning left will be considered the one at fault.
- Statutory limits –These will determine whether there is comparative fault, meaning that some fault may be assigned to both drivers. The percentage of fault assigned by legal statute will determine whether a civil lawsuit may be pursued.
- Take photos and video if possible – Such evidence may prove invaluable for proving a claim.
- Witnesses – If anyone witnessed the car accident, take their name and contact information.
Aside from clear violations of Pennsylvania vehicle codes, some of the elements in proving fault are subjective and open to interpretation by the courts. An experienced Pennsylvania car accident lawyer is vital to winning a case.
Media Car Accident Lawyers at Eckell Sparks Help Car Accident Victims Recover Maximum Compensation for Injuries
Receiving compensation for injuries after a car accident may be difficult. The law is on the side of the powerful insurance companies. An individual attempting to recover damages needs experienced help. The Media car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. have the experience and the skills to properly assess the situation and help recover fair compensation for injuries. To schedule a confidential consultation, complete our online form or call 610-565-3701. We serve clients throughout the Philadelphia area from our offices in Media and West Chester, Pennsylvania.