Car accidents happen—in fact, quite often. Pennsylvania saw nearly 120,817 car accidents throughout the state in 2016.
Car accident cases resolve without issue when one driver admits fault—but not so easily when the parties debate who caused a collision and who should bear liability.
Determining fault assigns liability to one or more drivers involved in an accident. Accidents are, of course, accidental. Still, many times they result from the negligence of one or more drivers.
Negligence is a legal term that is perhaps best understood by first evaluating one’s duty of care. The law expects every driver to maintain a duty of care toward the other drivers on our highways and city roads. The driver must drive in a safe manner and avoid causing harm to others. A negligent driver breaches that duty of care to other drivers.
Common causes of car accidents include:
To determine which driver acted negligently, insurance agencies and their attorneys will look at various documents, including:
Pennsylvania’s comparative negligence law provides another reason for parties to contest Philadelphia automobile accident cases. Pennsylvania law recognizes comparative negligence, a legal defense in which a plaintiff who drove negligently at the time of the accident can still recover compensation. However, comparative negligence is not a total defense. Under Pennsylvania law, negligent plaintiffs can recover damages only if they were less negligent than the defendants.
Insurance companies will want to contest liability to avoid having to pay compensation unless required. They will conduct careful and detailed reviews of the facts about the accident. If an insurance company concludes that a client was less negligent than the other driver, the insurance company may not feel obligated to pay damages. Thus, comparative negligence provides insurance companies with lifelines as they contest automobile cases.
Medical expense damages help a victim recover the costs of current and future medical expenses for accident-related injuries. This can also include the costs of rehabilitation.
Pain and suffering damages compensate a victim for non-monetary losses. Specifically, these damages provide compensation for both the physical and emotional pain that a victim may suffer as a result of an accident.
An accident may render a victim unable to return to work, whether temporarily or permanently. The victim may recover damages for lost wages based on earning capacity
If an automobile accident injured you or a loved one, the last thing you want to deal with is a contested case. Rather, you deserve to recover from your injuries without further headaches. You deserve the compensation to which Pennsylvania law entitles you.
After you recover from your injuries, seek experienced legal counsel to help recover compensation. The skilled automobile accident attorneys at The Levin Firm have experience handling these cases. We will review your case and help create and implement a legal strategy designed to help you obtain the compensation to which Pennsylvania law entitles you. Schedule your free initial consultation today by calling our offices at (215) 825-5183 or visit our website.
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