Often, driving requires making split-second judgment calls. These decisions must be made quickly, relying on reflexes to act effectively. While we all strive to make informed decisions with limited time, approximately six million crashes occur in the United States each year. About 2.5 million injuries occur from these crashes.
Given the various elements involved in a crash, there are times when both drivers share fault. Even so, state law allows the driver who shares less responsibility the right to recover. Our car accident attorneys at Shollenberger, Januzzi & Wolfe can help recover damages when both drivers are at fault and explain how a lawyer’s services can prove indispensable.
Determining Fault in a Gettysburg Car Accident Case
Like any personal injury suit, fault is determined by demonstrating how a party acted with less than reasonable care, known as negligence. In a car accident case, negligence can be broken down as follows:
Duty of Care: All motorists have a duty to follow traffic rules and regulations.
Breach of Duty: Either through an act or omission, a driver fails to adhere to traffic laws or regulations. Common examples in a car accident include failure to yield the right of way, running a red light, and speeding.
Causation: A causal link must be made between the at-fault driver’s actions and your injuries. Causation is divided into two types: proximate causation and cause-in-fact. Proximate cause implies that the harm you suffered was a foreseeable consequence of the other driver’s actions. In contrast, cause-in-fact means that the other driver set into motion a chain of events that caused your injuries. Both types of causation must be proven in a successful car accident claim.
Damages: As a result of the harm you sustained, you have experienced measurable losses. Generally, in a car accident, damages include ambulatory services, surgeries and procedures, rehabilitative therapies, lost wages, and vehicle damage and/or repairs.
Comparative Fault in Pennsylvania
Even though determining fault may seem simple, what happens when both drivers’ actions contributed to the collision? In that situation, both parties would be assigned a certain percentage of liability. For example, if Driver A ran a red light but Driver B was distracted and failed to avoid the collision, both drivers can be held legally responsible. Under 42 Pa.C.S. §7102, a plaintiff is allowed to recover damages as long as they are not more than 51% liable. Put another way, your liability must be less than that of the defendant; otherwise, you will be barred from recovery. So, if you submit a bodily injury claim for $40,000 but are 25% liable, then insurance will only pay 75% on your claim, awarding you $30,000.
If you believe that you do share blame for the crash, you’d be wise to hire counsel right away. A car accident attorney can collect and analyze evidence that gives a bigger picture of what unfolded. On average, claimants in personal injury cases are awarded 3.5 times more than those who forgo legal counsel, thanks to the expertise of a legal professional.
When you retain the legal services of Shollenberger, Januzzi & Wolfe, we will speak with the insurance company on your behalf. This involves keeping you informed at every step and notifying you of every settlement offer. Our top priority is to secure fair compensation for you by any means necessary.
Gettysburg Car Accident Lawyers Advocating for Your Interests
At Shollenberger, Januzzi & Wolfe, we understand the anxiety that comes with fighting for just compensation following an accident or injury. The insurance company has many ways of giving claimants the “run around,” but we refuse to let our clients be taken advantage of. If a claims adjuster is denying your claim or offering you a low settlement, then it is time you speak with our experienced Gettysburg car accident attorneys. To begin the process, contact us online or by phone at (717) 229-6580. We offer free initial consultations.