In 2023, Pennsylvania experienced 110,382 reportable traffic crashes, resulting in 1,209 fatalities and 66,563 injuries. While these numbers are shocking, what is more concerning is that they indicate a trend of unsafe driving practices that put everyone on the road at risk.
Even if you are careful and follow all the “rules of the road,” it does not mean others are. If you are involved in a crash, you must know your rights and legal options.
Knowing the laws surrounding car accidents in Pennsylvania can help you protect your rights and ensure you receive the compensation you’re entitled to. From understanding fault to dealing with insurance companies, being informed is your first step toward recovery.
Our Pennsylvania auto accident attorney at Mooney Law is here to explain car accident laws here in Pennsylvania and how they may affect your personal injury claim.
Understanding Fault in Pennsylvania Car Accidents
Pennsylvania operates under a “no-fault” insurance system. This means your insurance company will pay for your medical expenses and lost wages up to a specific limit, regardless of who caused the accident.
When Can You Sue the At-Fault Driver?
You can step outside the no-fault system and sue the at-fault driver if you meet specific criteria. These include suffering serious injuries or medical bills exceeding a particular threshold.
Comparative Negligence Rule
Pennsylvania follows the laws of comparative negligence for injury cases. Essentially, the compensation you can recover for your claim can be reduced by your percentage of fault in the accident. If you are found to be 30% at fault, your compensation will be reduced by 30%.
The Role of a Car Accident Attorney in Pennsylvania
Hiring a car accident attorney in Pennsylvania can significantly impact the outcome of your case. A Pennsylvania auto accident attorney can assist in collecting evidence, engaging in negotiations with insurance firms, and providing representation in court if needed.
Your car accident lawyer in Pennsylvania will help you understand your rights and what you can expect regarding compensation. Additionally, your car accident lawyer in Pennsylvania will take the time to ensure that you are well-informed about your rights in the situation and offer clarity on what you can anticipate regarding compensation.
This personalized approach can bring you peace of mind and confidence as you navigate the aftermath of a car accident, knowing that you have a knowledgeable and supportive ally by your side.
Types of Compensation Available
After an accident, a personal injury attorney in PA can help you seek compensation for:
Medical Expenses
You can claim compensation for all medical expenses related to the accident, including future medical costs if your injuries require long-term care.
Lost Wages and Loss of Earning Capacity
If the collision has impacted your work ability, you can seek compensation for lost wages and diminished earning capacity, including prior and prospective earnings.
Pain and Suffering
In addition to monetary losses and expenses, you can seek compensation for pain and suffering, including the physical and emotional distress caused by the accident.
Dealing with Insurance Companies
After an accident, several options exist for compensation to be recovered. These include going after:
Your Insurance
Understanding your insurance policy is crucial. Read the fine print and know what your Personal Injury Protection (PIP) insurance covers.
The Other Driver’s Insurance
If the other driver is at fault, their insurance should cover your expenses. However, dealing with their insurance company can be tricky, and having a PA injury lawyer can make this process smoother.
Uninsured/Underinsured Motorist Coverage
If the at-fault driver does not have adequate insurance, your uninsured/underinsured motorist coverage can help cover the costs. Make sure you understand this aspect of your policy.
Statute of Limitations in Pennsylvania
In Pennsylvania, you have two years from the accident date to file a personal injury lawsuit. Missing this deadline can result in losing your right to compensation.
Exceptions to the Rule
There are some exceptions to the statute of limitations. For this reason, seeking help from an auto accident lawyer in Pennsylvania is essential to understand your specific situation better.
What are Common Misconceptions About Car Accident Claims?
There are several misconceptions surrounding car accident claims.
You Can’t File a Claim if You’re Partially at Fault
Many people mistakenly believe they can’t file a claim if they share some fault in the accident. Under Pennsylvania’s comparative negligence rule, you can still receive compensation if you are not more than 50% at fault.
Insurance Will Cover Everything
While insurance can cover many expenses, it often doesn’t cover everything. Additional compensation can be sought through legal action for aspects like pain and suffering.
Legal Representation is Too Expensive
Many personal injury attorneys in PA work on a contingency fee basis. This ensures victims can protect their rights without paying significant fees up front. A PA injury lawyer typically only gets paid if you win your case.
The Importance of Evidence in Your Case
Gathering evidence is crucial for building a strong case. This can include:
- A report of the accident from the police
- All medical records regarding your crash injuries
- Witness statements
- Photos of the injuries, vehicles, and accident scene
Preserve all evidence by keeping detailed records and storing them safely. Share all relevant information with your Pennsylvania auto accident attorney to help build your case.
The Role of Expert Witnesses
Sometimes, expert witnesses like medical professionals or accident reconstruction specialists are needed to provide testimony that supports your claim. Your attorney will help identify and secure these experts.
How to Report a Car Accident in Pennsylvania
In Pennsylvania, you must report any accident that results in injury or significant property damage. Failure to do so can result in legal penalties.
Steps to Take When Reporting
When reporting the accident, provide accurate and detailed information, including the time, location, circumstances, and any injuries sustained.
The Role of Law Enforcement
Law enforcement officers will typically arrive at the scene to document the accident. Their report can serve as crucial evidence in your case.
Contact Our Personal Injury Lawyer in PA
If you have been injured due to a motor vehicle accident, contact our auto accident lawyer in Pennsylvania at Mooney Law immediately. Our dedicated car accident attorney in Pennsylvania can meet with you for a consultation to discuss your rights.
