Put simply, the person liable for a car accident is the person who caused the accident. For example, in a rear-end car accident, the driver who hit the vehicle from behind would be liable. Liability may also be determined if a party is speeding, intoxicated, driving while on their cell phone, or fails to follow traffic control devices. In some car crashes, more than one party can be liable. Additionally, there are some cases where the plaintiff in the lawsuit shares some of the faults. A car accident attorney in Pennsylvania can help you determine who is liable for your car accident.
What Are The Most Common Causes Of Car Accidents?
Car accidents are shocking and scary events, but our Pennsylvania car accident attorneys are here to help. Here’s what you need to know if you’ve been injured in a car accident.
Many car accidents are caused by human error or negligence, including:
Should I Get An Attorney For An Auto Accident?
The best indicator of whether you should retain an attorney is if there is any point in the process that you feel uncomfortable about your claim. This can be because you sustained serious injuries because you are having trouble getting your insurance company to pay out on your policy, or if you’re worried about being able to find or afford medical treatment.
A car accident attorney in Pennsylvania can help you sort out these challenges and relieve some of the stress that comes with handling a car accident claim.
What Do I Do If I’m In A Car Accident?
If you find yourself in a car accident, follow these steps to help guide you.
- Check yourself and any passengers for injuries.
- Anyone with neck or back pain or injury should remain immobile until first responders arrive to assist.
- Check your vehicle and the area around it for fuel leaking, fire, smoke, or downed electrical lines, consider whether you need to flee your vehicle.
- Move your vehicle off of the roadway, to avoid being hit by other cars. Only do so if it will not cause more damage or injury. Use flare or emergency flashers too to alert other drivers.
- Call police and paramedics to address any injuries and get a police report written. Give the police officers as much information about the accident as possible.
- Exchange Information with the other driver. You’ll want to exchange names, addresses, car type (make, model, color, and license plate), driver’s license number, registration, and insurance numbers. Taking pictures can often help speed the process along. Try to get information from any potential witnesses too.
- Visit a doctor, whether it’s the emergency room, urgent care, or a scheduled primary care visit. It’s best to see a healthcare provider as soon as possible to ensure your injuries are treated.
- File a claim with your insurance company and provide them with all the documented information from your accident. They’ll help make sure that your benefits are paid out and what steps to follow.
FAQs For Car Accident
It is possible, but it can be difficult to do without the help of a car accident attorney. Generally, the excess would come from other sources, such as an umbrella insurance policy or the at-fault driver’s own funds. A Philadelphia car accident attorney can help you file a claim against a defendant and advocate on your behalf, and ensure that you receive fair compensation for your pain and suffering.
In Pennsylvania, to obtain a copy of your traffic accident report, you can request it through the Pennsylvania State Police or the local police department that responded to the accident.
Complete a “Request for Crash Report” form and mail it to the Pennsylvania State Police Crash Reports Unit or submit it in person. Alternatively, you can visit the Pennsylvania Crash Report Retrieval website to search for and request a copy online. Please note that it may take up to 15 days for your report to be available in the system after it’s been filed.
The accident report is typically used for several important purposes. Insurance companies use it to assess claims and determine liability. Lawyers may reference it when pursuing legal action or settlements. Additionally, the report serves as a key document for law enforcement and government agencies to investigate the accident and improve road safety. It can also be used as evidence in court if the case involves legal proceedings.
After submitting an insurance claim, the process typically begins with the insurance company reviewing your claim and assigning an adjuster to investigate. The adjuster will assess the damage, gather any necessary documentation, and may contact you for additional information. Once the investigation is complete, the insurance company will determine coverage and offer a settlement if applicable. If you agree with the settlement, payment will be issued. Depending on the complexity of the claim, the process may take a few days to several weeks.
When a lawyer files a lawsuit for a car accident on your behalf, you can expect several key steps:
- Filing the Complaint: We’ll start by filing a legal complaint outlining your case and the damages you seek.
- Notification: The defendant will be served with a copy of the complaint and a summons to respond.
- Discovery: Both parties will gather evidence and exchange information through depositions, interrogatories, and document requests.
- Pre-Trial Motions: There may be pre-trial motions to resolve certain issues or to dismiss the case.
- Settlement Negotiations: Often, the parties will attempt to reach a settlement before going to trial.
- Trial: If a settlement isn’t reached, the case will proceed to trial, where both sides will present their evidence and arguments.
- Judgment: After the trial, a judge or jury will render a verdict and determine any damages or compensation.
- Appeals: If either party disagrees with the outcome, they may file an appeal.
The process can be lengthy and complex, so it’s important to work with a qualified attorney to guide you through each step.
What Is The Max You Can Get From A Car Accident Settlement?
There are two factors that determine what you can get out of a settlement from a car accident. The first is the extent of your injuries and the cost of the treatment you needed to address them. Typically, the more serious the injury is, the more the settlement may be.
The other factor is the insurance policy limits. For example, if the at-fault driver’s policy has a $100,000 bodily injury limit, that would be the max that their insurance would payout for an accident. The Pennsylvania car accident attorneys at Zafran Law Group can help you determine a fair settlement.