Pennsylvania car accident insurance claims and accident liability operate under a complex system combining several legal principles and insurance rules. Let’s explore how Pennsylvania determines car accident fault and the fault factors you need to know when beginning a car accident claim.
Pennsylvania’s Modified Comparative Negligence System
Pennsylvania follows a legal standard known as a “modified comparative negligence” system with a 51% threshold rule. A person can recover damages in an accident if not more than 50% at fault. However, the insurance company reduces the amount they can recover by their percentage of fault. For example, if you suffer $100,000 in damages but investigators find you 30% at fault, you would be eligible to recover $70,000.
This system creates a more nuanced approach than states with simple “at-fault” or “not at-fault” determinations. It recognizes that accidents often involve multiple contributing factors and varying degrees of responsibility from different parties.
The Insurance Company Investigation Process
Insurance companies conduct thorough investigations to determine fault percentages. They will use the investigation as a basis to either deny or approve your initial car accident claim. This process typically involves:
Initial Evidence Gathering
Insurance adjusters collect police reports, photographs, witness statements, and vehicle damage assessments. They look for physical evidence, including road skid marks, debris patterns, and the vehicle’s resting position.
Driver Statements
Both drivers provide investigators with their version of how the accident occurred. Insurance investigators compare statements with physical evidence and witness accounts to identify inconsistencies or corroborating details.
Expert Analysis
In complex cases, insurance companies might employ accident reconstruction experts who use scientific principles to determine how the collision occurred. These experts analyze vehicle speeds, impact angles, and road conditions.
Common Factors in Car Accident Fault Determination
Insurance adjusters consider several key elements when assigning fault percentages:
Did the driver violate traffic laws?
Violations of traffic laws strongly influence fault determination. Running red lights, speeding, or failing to yield right-of-way can result in higher fault percentages for the violating driver.
Road conditions and weather at the time of the crash
Environmental factors can affect fault assignments. While bad weather doesn’t excuse negligent driving, it might be a factor in determining if a driver acted reasonably.
Vehicle maintenance
Poor vehicle maintenance that contributes to an accident, such as worn brake pads or bald tires, can increase a driver’s fault percentage.
Driver behavior
Actions like distracted driving, aggressive driving, or driving under the influence significantly impact fault determination.
Pennsylvania’s Choice No-Fault Insurance System
Pennsylvania uses a unique “choice no-fault” insurance system, which adds another layer of complexity to fault determination. When comparing insurance coverage options, drivers can choose between the following:
Full Tort Coverage
Full tort preserves the right to sue for all damages, including pain and suffering, regardless of injury severity.
Limited Tort Coverage
Limited tort restricts the right to sue for pain and suffering unless serious injuries occur, as defined by law.
Special Circumstances and Exceptions
Certain situations can affect how fault is determined and applied:
Commercial Vehicle Crashes
When accidents involve commercial vehicles, factors such as federal transportation regulations and company policies are a factor in fault determinations.
Multiple Vehicle Accidents
In chain-reaction crashes, investigators determine fault within each collision sequence, often resulting in complex distributions of responsibility among multiple parties.
Mechanical Failures
When vehicle defects contribute to car accidents, vehicle manufacturers or third-party maintenance providers might share liability and, therefore, fault requiring investigation of maintenance records and vehicle history.
The Role of Documentation in Settling Your Case
You can protect against accusations of fault by documenting your actions and injuries carefully after the accident. Philadelphia car accident victims have won significant settlements by starting their cases with the following proactive steps:
Personally Documenting the Accident Scene
Taking photographs, gathering witness information, and filing police reports help you establish an objective record of the accident scene. Prioritize your health and have someone else collect the evidence if your injuries prevent you from doing so safely.
Undergoing Prompt Medical Care
Prompt medical attention creates records linking injuries to the accident, which can influence fault determination and damages calculations.
Collect Electronic Evidence
Modern vehicles often have event data recorders (“black boxes”) that can provide crucial information about speed, braking, and other factors at the time of impact. Your car accident lawyer can work with vehicle manufacturers, mechanics, and other maintenance professionals sourcing electronic data to back your car accident fault claims.
Challenging Fault Determinations
The insurance industry and Pennsylvania law empower drivers to challenge fault determinations and to ensure their rights are protected.
Drivers who disagree with insurance company fault determinations have several options:
Internal Appeals
Insurance companies have internal review processes for disputed fault determinations.
Legal Representation
Attorneys can help challenge fault determinations by gathering additional evidence, consulting experts, and negotiating with insurance companies.
Litigation
If negotiations fail, the Pennsylvania court system provides a venue for resolving fault disputes, though this is typically a last resort.
Practical Steps to Help You Protect Your Settlement Against Fault Claims
By understanding Pennsylvania’s modified comparative fault system and working with a skilled car accident lawyer you can secure a settlement for your assortment of injury damages. Take the following steps to protect your injury settlement rights:
- Immediately review your insurance coverage levels and tort option
- Document the car accident scene, the medical process, and communications with insurance to preserve evidence.
- Know your rights regarding fault disputes and appeals processes.
- Recognize when to seek legal representation for complex cases or disputed determinations.
Call Jeffrey Penneys today to book a free analysis of your car accident case. The analysis will include a review of your level of fault and an explanation of how the courts might apply Pennsylvania’s laws in your case. Request your free consultation today by calling (215) 771-0430 or booking online.