How Do I Prove Fault After A Car Accident?

Even when fault appears clear, establishing it in a courtroom can be significantly more challenging than anticipated. To navigate this successfully, having a skilled Philadelphia car accident attorney by your side is crucial.

In Pennsylvania, the option for a no-fault insurance policy is available, allowing some drivers to opt for a pure limited-tort no-fault policy in exchange for lower monthly premiums. Holding a limited tort no-fault policy means you’re generally unable to sue or be sued by negligent drivers for non-economic damages under most circumstances.

Alternatively, full tort insurance coverage offers broader legal recourse following a car accident but comes with higher monthly premiums. Pennsylvania drivers have the freedom to choose this option as well.

For comprehensive details on the laws and regulations that govern auto insurance in the Commonwealth of Pennsylvania, refer to the Pennsylvania Insurance Department.

If your injuries are minor, your no-fault, limited tort, personal injury protection (PIP) insurance will likely suffice. However, there are instances when it may not be adequate.

What are the limitations of PIP?

Your PIP benefits cover medical expenses, lost wages, and other related costs for your care and recovery. Should your injuries exceed what your PIP coverage can accommodate, our Philadelphia personal injury attorneys can guide you through your options for pursuing a personal injury claim.

For those dealing with long-term rehabilitation or permanent disability, a personal injury claim might be the necessary path to secure adequate medical and non-medical damages.

Under a pure limited tort no-fault policy, you may pursue a personal injury claim against the at-fault driver under certain conditions such as the driver being registered in another state, a DUI conviction, being a passenger in a commercial vehicle, riding a motorcycle, being a pedestrian, or suffering serious injuries.

How do you establish negligence and liability?

Establishing liability in a car accident, whether during settlement negotiations or in court, can be complex. Fault and liability are distinct; factors like faulty equipment or vehicle ownership can influence the case. Achieving success requires deep familiarity with Pennsylvania’s legal system, including local procedures and judges.

To prove liability, gathering police reports, interviewing witnesses, and collecting evidence promptly post-accident is essential.

A skilled attorney is crucial for uncovering the other driver’s policy limits, accident history, and other relevant information.

Pennsylvania adheres to a Modified Comparative Negligence Rule, allowing damage recovery provided your negligence is under 51 percent. Any negligence percentage attributed to you will reduce your total damages accordingly.

How long do you have to file a claim?

You have a two-year statute of limitations for filing a personal injury lawsuit following a car accident. If the accident resulted in death, the deceased’s family has two years from the date of death to file a wrongful death claim.

Our Philly Injury Lawyers are here to support you. Don’t hesitate to reach out to our law firm at (215) 735-4800 to arrange a free initial consultation.

Free Consultations

    Home 9 Legal Questions About Accidents 9 Frequently Asked Questions 9 How Do I Prove Fault After A Car Accident?