Does It Matter Who is At Fault for an Erie Car Accident?

The Travis Law Firm - Personal Injury Attorney, DUI Defense Attorney, Criminal Defense Attorney

Does it matter who is at fault for a Pennsylvania car accident? If you have car insurance, aren’t you protected in a car crash? Who is at fault in for a car crash can make a huge difference in how much money you can receive for a car accident claim. Therefore, it is a good idea to review the fault laws for Pennsylvania car accidents.

Liability Car Insurance in Pennsylvania

Each driver in Pennsylvania is required to carry minimum amounts of car insurance. Therefore, as a driver, you should carry at least:

  • $5,000 in Medical Benefits Coverage
  • $15,000/$30,000 in Bodily Injury Coverage
  • $5,000 in Property Damage Liability Coverage

Liability insurance pays other people who are injured in an accident that you cause. However, you do not receive compensation under your liability insurance coverage. On the other hand, medical benefits coverage pays benefits regardless of fault. Therefore, you can file a claim against your medical benefits coverage regardless of who is at fault for the collision.

Full Tort vs. Limited Tort Car Insurance

In Pennsylvania, you may choose between full tort and limited tort insurance policies. Limited tort insurance has a lower insurance premium, but you are limited in the compensation you may receive in an accident caused by another person unless your injuries meet one of a few exceptions.

Full tort insurance policies may cost slightly more than limited tort policies; however, you can sue the other driver for damages regardless of the severity of your injuries. Therefore, it is usually a good idea to consult an Erie car accident attorney for advice regardless of whether you have full tort or limited tort insurance. Your injuries may qualify for significant compensation from the other driver even though you carry limited tort insurance coverage.

Fault Laws in Pennsylvania

If a driver causes a car accident, that driver may be held liable for damages caused by the accident. A driver’s insurance company or the driver may be required to pay compensation to an accident victim for damages including:

  • Medical costs
  • Loss of income
  • Property damage
  • Pain and suffering
  • Permanent impairments and disabilities
  • Scarring and disfigurement
  • Mental anguish and emotional suffering

To recover compensation for your car accident claim, you must prove that the other driver caused the crash. For instance, you must prove the other driver was driving on the wrong side of the road, rear-ended your vehicle, or failed to yield the right of way.

Comparative Negligence Laws in Pennsylvania

Pennsylvania uses a modified comparative negligence standard to determine liability for damages in a car accident. A driver must be at least 51 percent at fault for a car accident in Pennsylvania to be liable for damages caused by the accident. Therefore, you could be partially at fault for the crash and still recover compensation for your damages if you can prove the other driver was more than one-half at fault for the crash.

However, comparative negligence claims can be complex. It is best to consult an experienced Erie car accident attorney for assistance.

Call Our Erie Car Accident Attorney for a Free Legal Consultation

If you have been injured in a car crash, we want to help. Call The Travis Law Firm at (800) 401-2066 to schedule a free case review with our Erie County car accident lawyer.