Table of contents:
Car Accident Law in Pennsylvania
Pennsylvania’s car accident laws are designed to protect the rights of those involved in motor vehicle accidents. These laws cover a wide range of topics, including:
- Fault and liability
- Insurance coverage
- Statute of limitations
- Damages
Fault and Liability
Pennsylvania follows a modified comparative fault system, which means that the amount of damages a plaintiff can recover is reduced by their percentage of fault for the accident. For example, if a plaintiff is found to be 20% at fault for an accident, they can only recover 80% of their damages.
Insurance Coverage
Pennsylvania requires all drivers to carry a minimum amount of liability insurance. The minimum coverage amounts are:
- $15,000 per person for bodily injury
- $30,000 per accident for bodily injury
- $5,000 per accident for property damage
Statute of Limitations
The statute of limitations for filing a car accident lawsuit in Pennsylvania is two years from the date of the accident.
Damages
In a car accident lawsuit, the plaintiff can recover damages for both economic and non-economic losses. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
Types of Car Accident Cases Handled by Lawyers
In Pennsylvania, car accident lawyers handle a wide range of cases, each with its own legal process and factors that determine the value of a claim.
Types of Car Accident Cases
- Negligence cases: These are the most common type of car accident case. They involve proving that the other driver was negligent, or careless, in causing the accident.
- Strict liability cases: These cases involve proving that the other driver was responsible for the accident, regardless of whether they were negligent. This type of case is often used in cases involving drunk driving or hit-and-run accidents.
- Product liability cases: These cases involve proving that a defective product, such as a faulty airbag or brake system, caused the accident.
- Wrongful death cases: These cases are brought by the family members of a person who was killed in a car accident. They involve proving that the other driver was negligent and that the family members have suffered damages as a result of the death.
Legal Process
The legal process for car accident cases in Pennsylvania typically involves the following steps:
- Investigation: The lawyer will investigate the accident to gather evidence, such as police reports, witness statements, and medical records.
- Negotiation: The lawyer will negotiate with the insurance company on behalf of the client to try to reach a settlement.
- Trial: If the case cannot be settled, it will go to trial. The lawyer will present evidence to a judge or jury to prove that the other driver was responsible for the accident.
Factors that Determine the Value of a Car Accident Claim
The value of a car accident claim is determined by a number of factors, including:
- The severity of the injuries: The more serious the injuries, the higher the value of the claim.
- The amount of medical expenses: The amount of medical expenses incurred as a result of the accident will also affect the value of the claim.
- The amount of lost wages: The amount of wages lost as a result of the accident will also be considered.
- The pain and suffering experienced by the victim: The amount of pain and suffering experienced by the victim will also be considered.
Choosing a Car Accident Lawyer
When involved in a car accident in Pennsylvania, choosing the right lawyer can significantly impact the outcome of your case. Here are some tips to help you select a qualified car accident lawyer:
- Experience: Look for a lawyer with a proven track record of handling car accident cases. Experience matters, as it indicates the lawyer’s knowledge of the legal system and their ability to navigate the complexities of a car accident case.
- Reputation: Check the lawyer’s reputation among peers and clients. Read online reviews and ask for recommendations from friends or family who have had experience with car accident lawyers.
- Fees: Understand the lawyer’s fee structure before hiring them. Some lawyers work on a contingency fee basis, which means they only get paid if they win your case. Others charge an hourly rate.
- Communication: Choose a lawyer who is responsive and communicates effectively. You should be able to reach your lawyer easily and feel comfortable discussing your case with them.
Insurance Companies and Car Accident Claims
Insurance companies play a crucial role in car accident claims, providing financial protection to drivers and ensuring compensation for damages. Pennsylvania law requires all drivers to carry minimum levels of insurance coverage, including:
- Bodily injury liability: Covers injuries to others caused by the policyholder’s negligence.
- Property damage liability: Covers damage to property caused by the policyholder’s negligence.
- Uninsured/underinsured motorist coverage: Provides protection in case the at-fault driver is uninsured or underinsured.
After a car accident, drivers should promptly report the incident to their insurance company and cooperate with the claims process. It’s important to document all damages, including medical expenses, property damage, and lost wages.
When negotiating with insurance companies, drivers should:
- Gather evidence to support their claim, such as police reports, medical records, and witness statements.
- Be prepared to provide a detailed account of the accident and the damages incurred.
- Be willing to negotiate but not accept an offer that is significantly lower than the fair value of the claim.
Drivers who are dissatisfied with the insurance company’s settlement offer may consider hiring an attorney to represent them and advocate for their rights.
Frequently Asked Questions (FAQs) About Car Accident Law in Pennsylvania
If you have been involved in a car accident in Pennsylvania, you may have many questions about your legal rights and options. Here are some frequently asked questions (FAQs) about car accident law in Pennsylvania, along with concise and informative answers:
Determining Fault and Liability
- How is fault determined in a car accident in Pennsylvania?
Fault in a car accident is determined based on the legal principle of negligence. Negligence refers to the failure to exercise reasonable care, which results in harm to another person. In Pennsylvania, a driver may be found negligent if they breach their duty of care to other drivers, pedestrians, or cyclists.
- Who is liable for damages in a car accident in Pennsylvania?
The driver who is found to be at fault for the accident is typically liable for damages. This means that they are legally responsible for compensating the victims for their injuries, property damage, and other losses.
- What is the statute of limitations for filing a car accident lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a car accident lawsuit is two years from the date of the accident. This means that you must file your lawsuit within two years of the accident, or you will lose your right to seek compensation.
Resources for Car Accident Victims in Pennsylvania
Car accident victims in Pennsylvania have access to various resources to assist them during this challenging time. These resources include support groups, legal aid organizations, and government agencies that provide guidance and support.
The following is a list of resources available to car accident victims in Pennsylvania:
Support Groups
Support groups offer a safe and supportive environment for car accident victims to connect with others who have experienced similar trauma. These groups provide emotional support, practical advice, and a sense of community.
- Pennsylvania Victims of Crime: 1-800-441-3228; https://www.victimsofcrime.pa.gov/
- Mothers Against Drunk Driving (MADD): 1-800-636-MADD; https://www.madd.org/
- National Highway Traffic Safety Administration (NHTSA): 1-888-327-4236; https://www.nhtsa.gov/
