Being in a car accident can be a traumatic experience, especially if you incur major vehicle damages and injuries. Understanding Pennsylvania laws regarding fault is key in ensuring the insurance company or judge treats you fairly, especially if you are not found to be at fault for the accident.
Pennsylvania accident laws are similar to many state accident laws. Comparative negligence states that if you are injured in an accident, you can recover compensation from the other party, even if both you and the other driver are at fault.
Keep in mind, however, if the insurance company or judge finds that you are both at fault to some degree, this will impact your compensation. For example, if someone hit you going through a red light and the evidence shows that you had time to avoid the crash, perhaps the court or insurance will charge you with 30% of the fault and the other driver 70%. If your total losses come to $100,000, you will only collect 70% or $70,000. If you are each found to be 50% at fault, you will not receive any compensation from the other driver.
Fair Share Act
The Fair Share Act couples with comparative negligence in that it makes each driver responsible only for their fair share of the accident. So, in the situation of a multi-vehicle collision where one driver is hurt, if two other drivers are responsible for the injuries, each party will pay their fair share to the injured driver. If, however, one driver is responsible for 60% of the accident, the law requires them to pay the full compensation amount.
Consulting an experienced lawyer could assist in collecting enough evidence to prove your case so you can obtain the coverage you need for your medical bills. This is particularly important in situations that involved a negligent driver, such as someone who was under the influence of drugs or alcohol or who was not paying attention to the road.