Each state has its own negligence laws when it comes to determining compensation in a car accident. In Pennsylvania, if you are found partially at fault in a car accident, you can still pursue compensation if your liability is equal to or less than the defendant’s. However, a partial fault does equal reduced damages. Unfortunately, the insurance company is inclined to assign a greater percentage of fault to you than is warranted. To stay informed of your legal options, speak with our Harrisburg car accident lawyers at Shollenberger Januzzi & Wolfe, LLP.
Determining Fault in a Harrisburg Car Accident
A successful car accident claim depends on proving that the other party acted with less care than a prudent person, known as negligence. Negligence has four elements:
- Duty of care: Motorists have an obligation to follow road signals and abide by traffic regulations.
- Breach of duty: The other driver (defendant) failed to uphold their duty of care. In a car accident case, this may involve speeding in a school zone, running a stop sign, or failing to yield right-of-way.
- Causation: The defendant’s conduct directly caused your injuries.
- Damages: Due to the accident, you suffered compensable losses. These may be either physical, emotional, and/or financial damages. Common examples include medical expenses, lost wages, pain and suffering.
Comparative Fault in Harrisburg, PA
As previously mentioned, each jurisdiction has its own laws regarding whether a personal injury plaintiff is entitled to recovery if found partially responsible. While some states bar a plaintiff from recovery for being even 1% at fault (known as contributory negligence), Pennsylvania practices a compromise.
According to 42 Pa.C.S. §7102, a plaintiff who is partially liable will have his or her compensation reduced based on the percentage of fault (known as comparative fault). So, if you file a bodily injury claim for $25,000 but are found 30% at fault, then you will only receive $17,500 from insurance.
Pennsylvania law restricts recovery for liable plaintiffs, only allowing them to recover as long as they are less than 51% at fault. Even if you are permitted recovery, reduced damages rarely suffice when you are struggling to pay off medical bills. If you are filing a third-party claim (a claim through the at-fault driver’s insurance), then you are more likely to have difficulty getting your claim approved. Hiring experienced representation for making informed decisions as issues arise.
Do I Need a Car Accident Attorney if I Only Suffered Minor Injuries?
As an injured party, you may want to forgo legal representation so as not to make a big deal of your accident. Even if you suffered minor injuries, your accident-related costs can be high. Take, for instance, a broken arm. Even if surgical intervention is not required, your medical bills could easily reach upwards of $2,500.
While you do have the option to use your health insurance coverage, this can be costly (especially if you have a deductible). Be aware that once you do receive an insurance settlement, your health insurance carrier will likely seek reimbursement (known as subrogation).
Our car accident lawyers are available to walk you through the process of filing a claim. This starts with assessing your accident case, gathering information, and preparing a demand package. While your injuries may seem minor, ongoing medical costs can make it difficult to stay financially afloat. At Shollenberger Januzzi & Wolfe, LLP, our legal team will fight for fair compensation when someone else’s wrongdoing has caused you harm.
Contact Our Harrisburg Car Accident Lawyers Today
Commuting home from work can take a vicious turn when another driver cuts you off, causing a collision. At Shollenberger Januzzi & Wolfe, LLP, our Harrisburg car accident attorneys are committed to advocating for adequate compensation for injured parties. We know the financial and physical limitations that accompany a crash, as well as the emotional suffering that is felt by the victim and their family. To discuss your matter, contact our office online or by calling (717) 229-6580 today.