(235+)If you have been involved in a car accident in Pennsylvania, it is crucial to understand how Pennsylvania’s comparative negligence law may impact your ability to recover damages. At Gibbons & Crichton, Personal Injury & Accident Lawyers, our experienced Philadelphia car accident lawyers are dedicated to helping our clients understand the legal aspects surrounding car accidents and ensuring they receive the compensation they deserve.
Pennsylvania’s Comparative Negligence System
Comparative negligence in Pennsylvania is a legal concept that comes into play when multiple parties are found to be at fault for an accident. Under this system, the amount of damages an injured party can claim is reduced by their level of fault. Pennsylvania negligence law follows a “modified comparative negligence” rule, which means that an injured party can be legally compensated if they are less than 51% at fault for the accident.
For example, let’s say you are involved in a car accident and suffer $100,000 in damages. If a jury determines you were 30% at fault for the accident and the other driver was 70% at fault, you would be able to recover $70,000 (70% of your total damages). However, if you were found to be 51% or more at fault, you would be barred from recovering any damages at all.
Determining Fault in Pennsylvania Car Accidents
Determining fault in a car accident case can be a complex process. Many factors may be considered, including:
- Witness statements: If there were any witnesses to the accident, their statements about what they saw can be crucial in determining fault. This can include other drivers, passengers, or pedestrians who were in the area at the time of the accident.
- Police report: After an accident, the police will typically respond to the scene and create a report detailing their observations and any statements made by the parties involved. This report can provide valuable insight into how the accident occurred and who may be at fault.
- Physical evidence from the scene of the accident: This can include skid marks, debris, and damage to the vehicles involved. By analyzing this evidence, accident reconstruction experts can often determine how the accident happened and who was at fault.
- Expert testimony from accident reconstruction specialists: In some cases, it may be necessary to bring in expert witnesses who can provide testimony about how the accident occurred based on their analysis of the physical evidence and other factors.
In some cases, the fault may be clear-cut. For example, if a driver runs a red light and crashes into another vehicle, they will likely be found to be 100% at fault for the accident. However, in many cases, fault is not so easily determined. There may be multiple parties who contributed to the accident in some way, and it will be up to a jury to determine each party’s percentage of fault.
Types of Damages Available in Pennsylvania Car Accident Cases
If you can successfully establish that another party was at fault for your car accident, you may be entitled to recover a variety of damages. Some of the most common types of damages awarded in Pennsylvania car accident cases include:
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- Medical expenses: This can include the cost of emergency medical treatment, hospital stays, surgeries, rehabilitation, and ongoing medical care. In cases where the injuries are severe and require long-term treatment, the medical expenses can quickly add up and become overwhelming.
- Lost wages: If you are unable to work due to your injuries, you may be able to recover the wages you would have earned during that time. This can include not only your regular salary or hourly wages, but also any bonuses, commissions, or other forms of compensation you would have received.
- Pain and suffering: This type of damage is meant to compensate you for the physical pain and emotional distress caused by your injuries. It can be difficult to put a dollar amount on these types of damages, but an experienced Pennsylvania comparative negligence attorney will know how to present evidence of your pain and suffering in a way that maximizes your recovery.
- Property damage: If your vehicle or other personal property was damaged in the accident, you may be able to recover the cost of repairs or replacement. This can include not only the cost of fixing your car but also any other property that was damaged.
How an Experienced Pennsylvania Car Accident Attorney Can Help
If you have suffered injuries in a Pennsylvania car accident, it is important to seek the guidance of an experienced car accident attorney with an extensive understanding of Pennsylvania negligence law. At Gibbons & Crichton, our team of knowledgeable lawyers has a deep understanding of Pennsylvania’s negligence law and how it may impact your case. We will work tirelessly to gather evidence, build a strong case on your behalf, and fight for the full compensation you deserve.
When you work with our firm, you can expect:
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- A thorough investigation into the cause of your accident: We will leave no stone unturned in our efforts to determine how your accident happened and who was at fault.
- Aggressive negotiation with insurance companies on your behalf: Insurance companies are notorious for trying to minimize the amount they pay out on accident claims. Our attorneys have extensive experience negotiating with insurance adjusters and will fight to get you the maximum compensation possible.
- Experienced representation in court, if necessary: While many car accident cases are settled out of court, in some cases, it may be necessary to take your case to trial. If this happens, you can rest assured knowing that you have an experienced trial attorney on your side who knows how to present your case in the strongest possible light.
- Compassionate guidance and support throughout the legal process: We understand that being involved in a legal case can be stressful and overwhelming, especially when you are also dealing with physical injuries and emotional trauma.
Contact Gibbons & Crichton Today
Do not hesitate to contact the experienced personal injury attorneys at Gibbons & Crichton. We offer free initial consultations and work on a contingency fee basis, which means you will not owe us anything unless we secure compensation on your behalf. Call us today at 215-274-0173 to schedule your consultation and learn more about how we can help you navigate the complex world of Pennsylvania comparative negligence law.
