If you’ve recently been in a crash and you want to pursue compensation, you might be wondering how to determine who is at fault in a car accident. In order to secure any compensation over and above coverage provided by your Personal Injury Protection (PIP) coverage, you’ll need to be able to show who the at-fault driver was so that their insurance company will pay you.
Figuring out who’s responsible for an accident is often straightforward; proving it in court is a lot harder. You’ll need evidence, and you’ll need an attorney who’s capable of presenting it properly.
Here, we walk you through everything involved in the process.
Per the Pennsylvania Department of Transportation (PennDOT), there were 110,382 reportable road accidents statewide in 2023. A small percentage of these were freak accidents; in the majority of cases, though, these collisions came about because of some form of negligence on the part of at least one involved party.
To hold another party responsible for your car accident injuries, you must show they were negligent. Legally, negligence has four key elements:
Every driver on the road owes other road users a duty of care. This means they must act reasonably to prevent harm to others. For example, drivers are expected to obey traffic signals, follow speed limits, and avoid distractions like texting while driving.
In some situations, the duty of care extends beyond drivers. For example, trucking companies must ensure their vehicles are properly maintained, and city authorities are responsible for addressing dangerous road conditions in a timely fashion.
Running red lights, speeding, and failing to properly signal lane changes are examples of breaches. Breach of duty is often clear in situations where traffic laws are violated.
You must show that the breach of duty caused the accident and your injuries. This is often more complicated than it sounds. If the other driver in your case ran a stop sign and T-boned you, you might think causation would be easy to establish. However, if an unrelated event (such as a storm) was a factor in your accident, proving causation might be more complicated.
You might also run into difficulty if you had a role to play in the crash (perhaps you were speeding when the other driver crashed into you). This is called comparative negligence.
Finally, you must prove that the accident caused actual, compensable damages (such as medical bills, vehicle repairs, or emotional distress). Without damages, there’s no legal claim to pursue.
To establish fault in a car accident, you’ll need to collect and present various forms of evidence. As Philadelphia road accident attorneys, we use certain forms of evidence particularly often in cases like these.
In Pennsylvania, you’re legally required to notify the police of any accident that results in an injury or property damage. When officers respond to an accident, they typically create a report that includes key details, such as:
You can request a copy of the report from the relevant police department. While the report isn’t the final word on liability, it carries significant weight during insurance company negotiations and court disputes.
Statements from people who saw your accident can help establish what happened. Be sure to collect contact information for any witnesses at the scene; when doing so, remember to be polite. These people are under no obligation to help you.
Visual evidence of vehicle damage, skid marks, and road conditions can help reconstruct the accident. Footage from surveillance cameras and dashcams often cover the entirety of an accident. Both types of cameras are becoming more widespread all the time, so there’s always a good chance an accident will be picked up by one or the other.
You should also take photos and videos at the crash scene if possible, focusing on:
In complex cases, accident reconstruction specialists can analyze evidence to determine how the crash occurred. These experts use advanced computer modeling to reconstruct the events leading to the collision, and this evidence is frequently crucial in proving more complex cases (such as those involving multiple vehicles).
Our firm has a broad and deep network of accident reconstruction experts, as well as other independent consultants who can make valuable contributions to cases. To learn more about how they might play a role in your case, schedule a free initial consultation today.
If you suspect that your crash came about because the other driver was distracted by their phone, their cell phone records may provide proof of this. If you file a lawsuit against them, your lawyer will be able to request these records during the discovery process.
According to statistics from the National Highway Traffic Safety Administration (NHTSA), over 3,300 people lost their lives in distracted driving accidents nationwide in 2022.
As you can see, establishing fault in a car accident case is frequently a multi-faceted process. The at-fault driver’s insurance company will likely take every possible opportunity to challenge your version of events, so it’s important to have someone in your corner who’s equipped to capably fight your case.
Our Philadelphia car accident attorneys can do this by:
By working with an experienced personal injury attorney, you can focus on your recovery while your lawyer fights to secure the compensation you deserve.
Determining fault in a personal injury case is often more complex than you might think. You’ll likely need the representation of a skilled, experienced attorney who’s familiar with cases exactly like yours.
Contact the Cochran Firm in Philadelphia today to schedule a free initial consultation about your case. You can reach us online or over the phone; call 800-969-4400. Don’t delay. The sooner you start the process, the better your chances of making a full recovery will be.
