Montgomery County Car Accident Lawyers
As the third-most populous county in Pennsylvania, Montgomery County boasts significant cities, including Norristown and King of Prussia. Along with these cities, Montgomery County has the busiest and the biggest highways in the state, including the Pennsylvania Turnpike along with the Northeast Extension.
Several other state and county roads run through the area, carrying thousands of people every day. Given its proximity to Philadelphia and other major metropolitan areas, car accidents are not uncommon.
When you are injured in a car accident, the laws in Pennsylvania can get confusing. Having a Montgomery County car accident lawyer walk you through the system can ease your fears. They will help you make the decisions that work best for you.
Is Pennsylvania a No-Fault State?
Your legal options can be confusing after being involved in a car accident in Pennsylvania. Whether you can file a claim against another driver depends on the car accident insurance you purchased and other factors. In Pennsylvania, the two main options of auto insurance include:
- Limited tort: This is a cheaper option for your insurance but does allow you to file a claim on your own insurance through your personal injury protection (PIP) provision to receive compensation for all economic expenses you sustained, including medical expenses and lost wages. You will not be able to seek damages on non-economic costs, but there are exceptions.
- Full tort: With this more expensive option, you may be able to file a claim against an at-fault driver and seek out economic and non-economic expenses.
You must have already purchased this insurance before your accident. You will not be able to file a claim against another driver if you purchase full tort insurance after your accident.
Are There Circumstances When I Can File a Claim With Limited Tort Insurance?
There are situations when you will be able to file a claim against another driver still, even if you have limited tort insurance. They include:
- The vehicle of the at-fault driver was not registered in Pennsylvania.
- The injured party sustained a serious injury, which Pennsylvania law describes as one that results in severe impairment to a significant bodily function.
- Riding a motorcycle.
- Being a passenger in a commercial vehicle.
- The driver considered at fault is convicted of driving under the influence.
- The injured party was a pedestrian and not in a car when the vehicle struck them.
You should consult with a Montgomery County car accident lawyer to determine if your case meets one of these criteria. If you file a claim against an at-fault driver, you should know that Pennsylvania follows a modified comparative negligence rule.
The court will assign each party a percentage of fault for the accident. Your percentage of fault will be deducted from the overall compensation award. If you are more than 50 percent responsible for the accident, you cannot collect any compensation.
In addition, you will have two years from the date of your accident to file a personal injury claim. If you fail to file that claim, you run the risk of not being able to recoup any of your losses.
What Steps Should I Take After Being Involved in a Car Accident?
After being in a car accident, it is essential to remain calm and compose yourself. The next few steps will be important, as the steps will help with your overall health and recovery and secure any case you might have in the future.
You should first seek medical treatment for you and anyone else at the scene who might have been injured. If anyone has been seriously injured, call 911 and have an ambulance on-site as soon as possible. You should also call the police and have them write an accident report, and be sure to keep a copy of that report.
Make sure to keep a copy of any documents, including all medical reports, receipts, statements from eyewitnesses, and other information. Take pictures of the accident scene, including the circumstances that might have led to the accident and any damage that was sustained to the vehicles.
Limit what you say about your role in the accident. Only tell the police the facts of the case, and never admit any responsibility for the accident or apologize to anyone involved, particularly to the other driver. Remain off social media, and do not share any accident details with your friends.
While you might feel the need to own up to any role you might have played, it is unclear how that will impact your case. If your insurance or someone else’s insurance tries to get you to agree to a settlement, sign a document, or make a recorded statement, you should refuse until you speak with a lawyer.
Montgomery County Car Accident Lawyers at Eckell Sparks Can Help You After You Have Been Involved in a Collision
If you have been involved in a car accident and do not know your legal options, one of our skilled Montgomery County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. will determine the best path forward. Call us at 610-565-3701 or contact us online today to schedule a consultation. Located in Media and West Chester, Pennsylvania, we serve clients across Delaware County, Chester County, and Montgomery County.