How is Fault Determined in a Pennsylvania Auto Accident?
After a car accident, many may wish to pursue a personal injury claim against the at fault party to recover damages sustained in that crash. But how does PA determine who is at fault?
Pennsylvania is a no-fault car insurance state. That means, if you choose no-fault coverage at the time your car insurance policy is purchased, after a car accident you typically need to file a claim under your own personal injury protection coverage to get compensation for medical bills and other financial losses, regardless of who caused the crash.
If your injury claim meets certain conditions you can then step outside of no-fault and bring a claim directly against the at fault driver.
To determine who was at fault in an auto accident is a matter of deciding who was careless or negligent.
In many cases, common sense can be used to determine whether a driver, pedestrian or cyclist was careless. But you may not know what laws they broke. Having an attorney guide you and explain to the insurance company what laws the at fault party broke, will help strengthen you claim.
Police reports can also help your claim when determining who was at fault. Typically, if someone was injured in an accident, the police should be called. They will then have to make a written police report. You can request a copy of this. This report should include who the police believe to be at fault for the accident.
If you have been involved in these types of accidents, the other driver is typically always at fault.
- Rear end collisions- if someone hits you from behind, they are at fault.
- Left turn accidents- A car making a left turn in front of someone going straight is typically at fault for the accident. There are exceptions, but they are difficult to prove.
- Pedestrian accidents- If you are a pedestrian and struck by a car, it is almost always the driver’s fault for the accident.
Consulting or hiring an attorney is always a good idea after an accident. It is your attorney’s job to build a strong claim for damages against the at fault party.
For a free legal consultation, call 412-661-1400
Recovering compensation after an accident.
If you or a loved one were injured in an accident, contact the personal injury attorneys at Berger and Green. Our attorneys will provide you with a free no obligation consultation to evaluate your case. Call 412-661-1400 to speak with an attorney today.
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