Even though you may have heard people refer to Pennsylvania’s auto insurance laws as choice no-fault, proving fault and showing the other driver is liable for your accident and injuries is a key part of almost every car accident case. Even if you opted for limited tort coverage, did not suffer injuries that meet the serious injury threshold, or other exceptions to the law, you will need to prove fault to recover economic damages under PA Code’s Title 75 (Section-1705 (d)).
Proving fault and liability in a Pittsburgh car accident case requires taking a number of steps to prove the motorist or another liable party acted negligently, and this caused your accident and injuries.
Proving the Negligence That Caused Your Pittsburgh Car Accident
There are generally four criteria you must meet to prove negligence and fault. This includes:
- Duty: the other driver had a responsibility to do something, or not do something, to keep you and others on the road safe, such as stop at a red light or yield before turning left on green.
- Failure to Uphold the Duty: the other driver failed to follow the traffic laws, drove drunk or distracted, or otherwise failed to follow the rules in place to prevent accidents.
- Causation: their action—or lack of action—caused your accident and injuries. You may still be able to recover compensation as long as they were mostly at fault.
- Injuries: you suffered physical injuries or monetary damages as a result of the accident.
Depending on the facts of your accident, this may be relatively simple, or it may be more complex. It will require gathering and analyzing evidence to build a narrative strong enough to present to the insurance company to convince them you have a case against their policyholder.
While many people attempt to handle their own car accident claim, we always recommend letting us review your case for free before you sign any agreements or give the insurance company a statement. We know how to prove fault in a car accident case, can protect your rights, and ensure you pursue the full range of damages available based on your coverage and the facts of your case.
For a free legal consultation, call 412-661-1400
Let Berger and Green Take on Your Pittsburgh Car Accident Investigation
When we handle a car accident case, we conduct a full investigation aimed at proving fault and liability, as well as putting a fair settlement value on the victim’s damages. Depending on what is necessary in that case, we may:
- Obtain copies of the accident report and other related documents
- Interview you and other witnesses of the accident
- Survey the accident scene to get a better understanding of what happened
- Review photos or video of the accident or scene
- Gather any other physical evidence to help prove our case
- Analyze damage to all vehicles involved
- Work with accident reconstruction experts, when necessary
Let Berger and Green Present a Strong Case on Your Behalf
The car accident attorneys in Pittsburgh from Berger and Green know how stressful the weeks and months following an accident can be, and we want to help you get the best possible outcome with the least stress possible. If you trust us to take on your investigation and legal case, you can focus on healing from your injuries and getting back to normal life.
At Berger and Green, our car accident lawyers know how to prove fault and build a strong case. Founding partner Laurence B. Green has 40 years of experience fighting to recover compensation for accident victims. We accept cases in Pittsburgh and the surrounding areas.
As soon as possible, it is important we start investigating your case. PA Code Section- 5524-Title 42 may limit how long we have to file a lawsuit on your behalf, and filing a lawsuit may be necessary if we cannot reach a settlement with the insurer.
Talk to a Pittsburgh Car Accident Attorney Today
If you sustained injuries in a car accident, the car accident attorneys in Pittsburgh from Berger and Green can help you prove fault and pursue the payout you deserve.
Call (412) 661-1400 today to get started with a free case review.