Car Accident Scenarios: Who’s Liable

The first question after a crash is usually simple: Who was at fault?

Police across Pennsylvania recorded 110,765 reportable crashes in 2024, according to the most recent available data from the Pennsylvania Department of Transportation (PennDOT). The collisions injured 66,950 people and took 1,127 lives. Sorting out fault in any of these common car accident scenarios determines who pays for the harm they cause.

So, who is liable in a car accident? Most of the time, the fault lies with the driver who violated traffic laws or drove carelessly, such as running a red light, following too closely, or ignoring the right-of-way. To settle the fault question, insurance companies, attorneys, and the courts usually look at the police report, photos of the crash scene, witness statements, vehicle damage analysis, and other evidence.

Deciding car accident fault in Pennsylvania almost always starts with determining who broke the rules of the road.

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Rear-End Crashes and the Following Distance Rule

Rear-end crashes are among the most common on Pennsylvania roads. PennDOT counted 20,825 of them in 2024 — about 18.8 percent of all crashes. The driver who was following is usually at fault, because every driver must leave enough room to stop safely.

When someone tailgates, checks a phone, or speeds up behind you, they may no longer be able to avoid a rear-end crash. That is why rear-end collision fault so often rests with the trailing driver. Still, a lead driver who cuts in and brakes hard may share the blame, for example.

 Left-Turn and Angle Crashes Decided by Right-of-Way

Angle crashes, in which one vehicle strikes the side of another, are the most common type of car crash in Pennsylvania. PennDOT recorded 32,969 angle crashes in 2024 — nearly 30 percent of all collisions — and they killed 247 people.

Many angle crashes happen at intersections, which alone account for 38.1 percent of car accidents statewide. Fault in intersection crashes usually comes down to the right-of-way. A driver turning left must yield to oncoming traffic, so left-turn accident liability often falls on the turning driver. But if the other driver ran a red light or sped through, the fault can shift, or the court may split it.

Head-On and Sideswipe Crashes Involving Lane Violations

Head-on crashes accounted for only 3.5 percent of crashes in Pennsylvania in 2024, yet caused 126 deaths. The Insurance Institute for Highway Safety (IIHS) reports that frontal impacts account for 59 percent of passenger vehicle occupant deaths nationwide. Sideswipe crashes are typically less severe but still cause a high number of injuries. Both types of accidents usually trace back to a lane violation. That often makes head-on collision fault and sideswipe accident fault easier to prove because the at-fault driver who left their lane broke a clear rule.

Consider one Pennsylvania case in which a tractor-trailer driver ran a stop sign and struck another vehicle head-on. A medical helicopter rushed the injured person to a hospital, where surgeons had to remove several feet of the injured individual’s intestine. The Levin Firm resolved the claim for $2.5 million, the full amount of insurance available. (Prior results do not guarantee similar outcomes in future cases.)

Single-Vehicle Crashes and When Others Are to Blame

Hitting a fixed object, such as a tree, pole, or guardrail, was the deadliest crash type in Pennsylvania in 2024, causing 384 deaths across 31,543 crashes. When only one car is involved, drivers often assume no one else can be at fault. That is not always so. Someone besides the driver may share the blame. Common examples include:

• A road left in poor repair – A government agency that fails to fix a known hazard or post a warning sign can be responsible for the harm that follows.
• A vehicle defect – When defective brakes or worn tires cause a driver to lose control, the company that made the part may be liable.
• A dangerous work zone – A construction company that leaves debris or poor signage in the road can share fault for a resulting crash.
• Chain-Reaction Crashes and How Fault Is Divided

Pile-ups involving three or more vehicles can be the hardest to sort out. The driver who started the chain (for example, by tailgating or entering an intersection without clearance) tends to bear most of the fault for the vehicles that collide.

Tailgating contributed to 5,456 crashes in Pennsylvania in 2024. Drivers who proceeded without clearance caused 8,971 more. More than one driver can share fault in such situations. That is when modified comparative negligence in Pennsylvania becomes a factor. Under the modified comparative negligence rule, an injured person can still recover money as long as they were not more than 50 percent at fault, though their recovery drops by their share of the blame.

Fault is only part of the story, though. Drivers who chose limited tort coverage in Pennsylvania often cannot recover money for pain and suffering — even against a driver who was fully at fault — unless their injuries are considered serious. A single insurance choice can change what a claim is worth.

In one interstate pile-up, a delivery truck driver missed his exit and set off a chain reaction. The truck pushed a pickup into a car at high speed, badly hurting a child in the back seat, who suffered broken bones and a brain injury. The Levin Firm resolved the claim for $10.5 million. (Prior results do not guarantee similar outcomes in future cases.)

Crashes Where the Liable Party Never Touched the Wheel

The person who is most at fault is not always the one behind the wheel. Under a principle called vicarious liability, one party can be held liable for another person’s driving. A few common situations include:

• An employer whose worker crashes on the job – A company can be liable when its driver causes harm while working, such as making deliveries.
• A car owner who lends the keys – If someone lets a friend borrow your car and they cause a crash, the vehicle owner’s insurance usually follows the car and pays first.
• A parent who signed for a teen driver – Adults who co-sign for a young driver can share responsibility for that driver’s mistakes.

Finding every party who may owe you compensation is one of the most valuable things a personal injury attorney can do after a serious crash.

Speak With a Philadelphia Car Accident Lawyer About Who Is Liable

If you were hurt in a car crash and are not sure who is to blame, you do not have to sort it out alone. The Philadelphia car accident lawyers at The Levin Firm are ready to investigate the collision, gather the evidence, identify every party who may be liable, and fight for the full compensation you are owed.

Attorney Gabriel Levin personally handles each case and has earned recognition from Super Lawyers every year since 2010, as well as a 10.0 “Superb” rating on Avvo. The firm has recovered millions for injured Pennsylvanians and received multiple positive reviews like this one:

“I was hit by an uninsured motorist and was recommended to The Levin Firm by a close friend. I am so glad we went with The Levin Firm. Megan, our paralegal was AMAZING! She consistently updated me on my case. She also answered my numerous questions I had about this process. My attorney, Gabe, fought to ensure we got the compensation I deserved. I highly recommend The Levin Firm.” – Melissa S.

Contact The Levin Firm today for a free consultation with a car accident attorney to learn where the fault may lie in your situation.

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