There were almost 116,000 reported collisions on Pennsylvania roads in 2022, according to the state Department of Transportation. The majority of these cases came about because of some form of human error.
Accidents can happen but, when they happen on the road, someone has to foot the bill. If you’ve been in a serious collision caused by a negligent driver, you need to take the right steps toward pursuing compensation from that party.
Here, we look at the various aspects of fault in Pennsylvania car accident cases, and explain how they might relate to you.
Pennsylvania is a no-fault state when it comes to car insurance. If you’ve been in an accident, you’ll be entitled to file a claim with your own insurance company even if the other party to the crash was the one at fault. So, in many cases, proof of blame never really comes into the equation.
However, if your insurance policy isn’t sufficiently comprehensive to cover all your accident-related costs, you may need to file a lawsuit against the at-fault party in your crash. This often happens in more serious cases, as medical bills alone can stretch into hundreds of thousands of dollars.
Another thing to be aware of here is Pennsylvania’s modified comparative negligence rule. In this state, it’s only possible to file a successful personal injury suit if you’re less than 51% at fault for an accident. If your share of the blame exceeds this level, you won’t be entitled to any compensation.
If you’re partially at fault for the crash, but to a lesser degree than this, you’ll be entitled to recover compensation that is reduced in line with your share of the responsibility. So, if you’re judged to be 30% at fault for your crash, your damages entitlement will be capped at 70% of its overall value.
There are various car accident fault strategies our attorneys use to prove that our clients deserve compensation. These are based on different types of evidence.
When police officers arrive at the scene of an accident, they document their observations and note any apparent traffic law violations. These reports can serve as an impartial account of the accident, offering details such as the time, location, weather conditions, and any citations issued. Police reports also frequently include statements from drivers and witnesses, which can be invaluable later on.
Eyewitnesses can provide crucial details that may not be apparent from physical evidence alone. They can clarify the sequence of events, describe the actions of each driver, and even comment on factors like excessive speed or distracted driving.
If you want to rely on eyewitness testimony, you should start gathering statements as soon as possible after the accident, as memories can fade over time. Your car accident lawyer will be able to help with this process.
Photos and videos are among the most compelling forms of proof in car accident cases. Although you may be very shaken immediately after you’ve been in an accident, it’s a good idea to get your phone out and capture as much of the scene as possible. You should focus in particular on damage to vehicles, road conditions, traffic signs, and any visible injuries.
Dashcams and surveillance cameras can also be useful. We’ve worked on many cases in which dashcam footage captured the moment of impact itself, making proof of fault much more straightforward.
When investigating your case, your lawyer will check to see whether any surveillance cameras may have picked up the incident. However, dashcam footage can be more difficult to collect unless it comes from a vehicle involved in the accident. If possible, you should ask other motorists at the scene whether their dashcams might have picked up anything useful.
Expert testimony serves to clarify technical aspects of a case that might be beyond the understanding of a jury or judge. For example:
An important part of a car accident attorney’s job is relying on expert testimony as required by the case at hand. The lawyers at The Cochran Firm in Philadelphia have a broad and deep network of independent consultants, so we’re well-equipped to help you in this way.
If you’re hit by a semi-truck while it’s out on a job, whom do you sue -- the driver or their employer?
The answer to this question comes from a legal doctrine called “vicarious liability.” This dictates that employers should be legally responsible for damage caused by employees who are executing their working duties. So, in the situation outlined above, you would generally sue the trucking company, rather than the driver.
However, there are exceptions.
Vicarious liability applies to employees, not contractors. So, if the truck driver in the hypothetical accident is self-employed, he may be personally liable for damages. However, contractor status doesn’t guarantee that vicarious liability won’t apply. If a worker’s status is effectively that of an employee rather than a freelancer, a court might decide they’re an employee for the purposes of a personal injury claim, regardless of what it says on their contract.
Courts generally will not require employers to take financial responsibility for extreme negligence or criminality on the part of their workers. So, if a trucker hits you while driving drunk, it’s likely they will be personally liable for damages.
An exception to this may occur if the company failed to carry out proper due diligence (such as thorough background checks) during the hiring process.
Employers are generally only liable for accidents employees cause in the normal course of their working duties. A frolic occurs when an employee deviates significantly from these duties for personal reasons unrelated to work.
For example, if a truck driver decides to take a lengthy, unauthorized detour to visit a friend or go shopping and then gets into an accident, the employer might not be held liable because the driver was not acting within the scope of their employment.
Of course, every case is different, and judges can have different opinions on how the law applies to a given set of circumstances. This is why it’s important to hire an experienced lawyer to represent you; they won’t allow you to fall victim to a manipulation of the facts by defense lawyers.
Proving fault in a car accident case can be a complex process, especially if you’re up against an insurance company with a high-powered legal team. If you want to succeed, you need to hire a legal representative with a track record of securing positive results in similar cases.
Contact The Cochran Firm in Philadelphia today to start the process of pursuing the compensation you deserve. You can call us at 800-969-4400 or fill out our online contact form to schedule your free initial consultation.
