Who was at fault for causing the car accident and what percentage of fault lies with each party is a hotly contested issue, because the percentage you are at fault for the accident determines the percentage of your damages you can recover from the other parties. A wrong fault determination can cause you thousands or hundreds of thousands of dollars, and if you were seriously injured, a wrong fault determination can bankrupt you.
In this comprehensive article, the Philadelphia car accident lawyers at Cousin Benny explain how comparative fault works in Pennsylvania and what you can do to help prove you were not at fault in a car crash.
If you were in a car accident in PA, call the car accident lawyers at Cousin Benny for help. We will discuss your case with you and tell you what your car accident case is worth, free of charge!
What You Must Prove to Receive Compensation for Your Injuries
In a car accident case, you must show the other party or parties failed to act as reasonable drivers would have acted under the circumstances, causing the accident and your damages. A car accident case is a particular form of injury case. In order to get compensation for your injuries in a injury case, you must establish negligence. This requires proving four core legal elements:
1. Duty of Care
The other driver had a legal obligation to operate their vehicle safely and follow the rules of the road.
2. Breach of Duty
The driver failed to act as a reasonably prudent driver would under the circumstances (e.g., speeding, running a red light, or texting while driving).
3. Causation
The other driver’s specific breach directly caused the collision.
4. Damages
You suffered measurable physical injuries, financial losses, or property damage as a result.
9 Ways to Help Prove You Were Not at Fault in a Car Crash
There are ways you can help your car accident lawyer show that you were not at fault for causing the car crash, or to minimize your percentage of fault.
1. Call 911
If you are involved in a car accident, contact emergency services when someone is injured or there is an immediate safety concern. Pennsylvania generally requires drivers to promptly notify police when a crash involves injury, death, or vehicle damage requiring towing.
When police investigate the accident, they may document the scene, interview drivers and witnesses, and prepare an accident report that could help establish what happened.
More importantly, many injuries from car accidents are not immediately noticeable, especially head and spine trauma and internal bleeding. When emergency medical services arrive at the scene, explain what happened to you during the car accident so they know what to check for and can determine whether you need to go to the hospital for scans and tests.
2. Take photos and evidence of the crash
Smartphones allow people to take photos of the scene, the vehicles involved, the vehicles’ license plates, the damage to vehicles, their own and other’s injuries, and the weather and road conditions. Take advantage of this to preserve evidence of the scene and damages.
3. Exchange Contact Information
If you are able, exchange contact information and insurance information with the other parties involved in the accident so you know everyone who was involved. The police report should have this information but it is better to have back up just in case.
4. Check for Video and Surveillance Footage
Video footage can provide valuable evidence of how a car accident occurred and help establish whether a driver was speeding, failed to yield, changed lanes unsafely, or violated traffic signals. Look for:
- Dashcam footage from your vehicle or other drivers
- Security and doorbell cameras on nearby homes or commercial storefronts
- City surveillance or PennDOT traffic management cameras
Because some recordings may be overwritten or deleted after a short period, it’s important to identify and request preservation of relevant footage as soon as possible.
5. Get Witness Contact Information
If bystanders saw the accident, get their name and cell phone number in case you need their account of how the accident happened in the future.
6. Never Apologize or Admit Fault to Anyone
Whenever a car accident happens, it is important to refrain from admitting fault to anyone there or to anyone, including insurance companies, who contacts you thereafter. When you speak with the police, be truthful and feel free to say things like, “I was sitting at the stop light and someone rammed me from behind” or “I was driving along at the speed limit in my lane and someone came into my lane trying to cut me off and I had nowhere to go.”
7. Obtain the Police Report
Ask the officers at the scene when the police report will be ready and where you can pick it up, and be sure to get a copy. If any of the information in the police report was incorrect, such as assumptions regarding fault for the car accident, point this out to your attorney.
8. Identify Traffic Violations and Other Evidence of Fault
Certain traffic violations and driving behaviors can provide important evidence when determining fault. For example, running a red light, failing to yield, following too closely, or making an unsafe lane change may indicate that a driver failed to exercise reasonable care. Such as:
- Running a stoplight or stop sign
- Failing to yield where indicated
- Rear-ending another vehicle
Other reckless or negligent conduct such as exceeding the speed limit, tailgating, failing to use turn signals when turning or changing lanes, driving faster than road or weather conditions permit, or failing to maintain the vehicle in good working order such as when brakes fail can also indicate fault.
If the police issued a citation or citations at the scene or arrested any other party involved in the car accident, for example, for driving under the influence, driving a stolen car, driving while license suspended, or underage or unlicensed driving, this may also influence the fault finding.
9. Work with a Car Accident Attorney
Last, it is vital you consult an experienced car accident lawyer in your jurisdiction to ensure that the fault determination is correct, your damages are accurately assessed, and you receive all of the compensation you are due.
Is Pennsylvania an At-Fault or No-Fault State?
Pennsylvania uses a combination of first-party automobile insurance benefits and fault-based liability rules. Most applicable Pennsylvania auto insurance policies include first-party medical benefits, which can help pay for covered medical treatment regardless of who caused the collision.
However, fault remains important when an injured person pursues compensation from another driver or another legally responsible party. Pennsylvania also follows a modified comparative negligence system. Under 42 Pa.C.S. § 7102, an injured person’s recoverable damages may be reduced by their percentage of responsibility for the accident.
If you were partially responsible for the collision, you may still be entitled to compensation depending on the circumstances and how fault is assigned.
For a more detailed explanation of how shared responsibility affects a car accident claim, read our guide to what happens if you were partially at fault for a car accident.
Common Tactics Insurance Companies Use to Shift Blame
Be alert to the strategies adjusters use to reduce their liability:
- Requesting Recorded Statements Early: Pressuring you into a recorded interview while you are disoriented or in pain to lock you into inconsistent statements.
- Disputing Right-of-Way: Claiming you had the last clear chance to avoid the collision.
- Blaming Weather or Pre-Existing Damage: Arguing that rain or pre-existing mechanical issues caused the crash rather than their driver’s recklessness.
Get Help from a Philadelphia Car Accident Law Firm
If you suffered an injury in a car accident in Philadelphia, your first order of business is to get the medical attention you need. Next, call the Philadelphia car accident lawyers at Cousin Benny for help. We only take car accident cases on contingency, meaning that we do not get paid unless and until you do and there are no initial legal expenses for you.
Take care of yourself after your car accident, and let us take care of getting you the compensation you deserve. At Cousin Benny, we treat you like family. Call today to discuss your case.