Car accidents can happen unexpectedly on the busy streets of Philadelphia. When a crash occurs, one of the most important questions is: Who is at fault? Understanding how fault is determined in Pennsylvania car accidents can help you protect your rights and navigate the claims process with confidence.
At Samuel Anyan Attorney At Law, we are dedicated to helping Philadelphia drivers understand their legal options after a collision. Here’s what you need to know about fault in Pennsylvania car accidents.
Pennsylvania’s Comparative Negligence System
Pennsylvania follows a comparative negligence rule to assign fault when multiple parties contribute to an accident. This means that fault—and any resulting compensation—is divided according to each party’s percentage of responsibility.
For example, if you are found 30% at fault for a crash and the other driver 70% at fault, your compensation for damages will be reduced by your 30% share of fault. So if your total damages are $10,000, you would receive $7,000 after the reduction.
How Is Fault Determined?
Fault is determined based on evidence and the circumstances of the accident. Insurance companies, law enforcement, and sometimes courts will look at:
- Police reports describing the scene and statements from drivers and witnesses.
- Traffic laws and who violated them.
- Photographs and video footage of the accident.
- Statements from witnesses and involved parties.
- Vehicle damage patterns and skid marks.
Because fault isn’t always clear-cut, investigations can be complex. It is crucial to gather as much evidence as possible immediately after the accident.
Common Causes That Affect Fault in Philadelphia Car Accidents
Certain behaviors frequently lead to liability in Pennsylvania crashes, including:
- Running red lights or stop signs
- Speeding or reckless driving
- Distracted driving, such as texting or using a phone
- Driving under the influence of drugs or alcohol
- Failure to yield the right of way
- Unsafe lane changes or following too closely
What to Do If You’re Involved in an Accident
If you’re in a car accident in Philadelphia, protect your rights by following these steps:
- Check for injuries and call 911 if medical help is needed.
- Report the accident to the police and get a copy of the police report.
- Exchange contact, insurance, and vehicle information with the other driver(s).
- Take photos of the accident scene, vehicle damage, and any relevant road conditions.
- Avoid admitting fault or apologizing at the scene.
- Contact your insurance company to report the accident.
- Consult an experienced Philadelphia car accident attorney to review your case.
A Philadelphia Car Accident Lawyer at Samuel Anyan Attorney At Law Can Help
Determining fault and negotiating compensation in car accident cases can be complicated. Samuel Anyan Attorney At Law understands Pennsylvania’s comparative negligence laws. Contact a Philadelphia car accident lawyer at 833-372-6946 or complete our online form for a free consultation. Located in Philadelphia, we serve clients in Chester County, Delaware County, Montgomery County, Bucks County, Dauphin County, Berks County, Lehigh County, and Northampton County.