One of the most dangerous things the average Pennsylvania resident does every day is getting into their car. Cars provide convenience, get us to work, allows us to take children to school, and travel for pleasure. Unfortunately, car accidents are part of the trade-off. Even a small accident could result in a painful injury that requires medical treatment and a long recovery. If you are injured because of another’s actions, you have legal rights. Through a personal injury lawsuit, you are entitled to seek financial compensation for the harm you suffered. However, success in a personal injury lawsuit is not only impacted by the facts and available evidence. Pennsylvania law also influences the potential outcome. Below, our experienced Philadelphia car accident attorney from the Reiff Law Firm looks at some of the Pennsylvania laws that could impact your personal injury case in Philadelphia.
Pennsylvania’s Statute of Limitations for Car Accident Lawsuits
If you are injured in a car accident in Pennsylvania and want to pursue your legal rights through a personal injury lawsuit, the first law you must be aware of is Pennsylvania’s statute of limitations.
A statute of limitations sets the deadline that a plaintiff has to file a lawsuit. The time frame depends on the type of case being filed. If a plaintiff brings a lawsuit after the deadline has passed, a court will likely immediately dismiss the case. There are only a few rare exceptions when a court will extend the time.
In most states, including Pennsylvania, the statute of limitations that governs personal injury lawsuits also applies to car accident cases. According to 42 Pa. C.S. § 5524, a person injured in a car accident due to another’s negligent conduct must file a lawsuit within two years of the date of the accident.
Therefore, if you are injured in a car accident, you must have a case prepared and ready to file within two years of the incident. This is not limited to just drivers involved in an accident but also includes passengers, pedestrians, and the estate or relative for someone who suffered a wrongful death in an accident.
To fully understand how the statute of limitations works, a potential plaintiff needs to know when the clock begins to run. If you suffered an injury, then the statute of limitations begins counting from the date of the injury itself. In a car accident case, this means the date of the accident. However, in the case of a wrongful death claim, the deceased’s estate or family must file the lawsuit within two years of the date of the death. It is possible for a person to sustain severe injuries in a car accident, file a timely personal injury lawsuit, and later fatally succumb to their injuries. In this situation, the wrongful death lawsuit could be filed more than two years after the accident. It is also important to note that if an accident victim missed the deadline to file a personal injury lawsuit and later died because of their injuries, a wrongful death claim is not prohibited.
Just because you have two years does not mean you should wait a year and a half before contacting our Bristol car accident attorney. Building a case takes time and critical evidence could be lost if you hesitate to call our Pennsylvania car accident attorney. Even if you are working with an insurance company and believe you will be offered a settlement, it is important to understand the value of your claim. Without a knowledgeable lawyer at your side, you might agree to an amount that is insufficient to cover all your financial and medical needs. Furthermore, an insurance company could drag out negotiations until after the statute of limitations deadline has passed. At that point, your legal options are drastically reduced.
Pennsylvania Comparative Negligence Rule and Cat Accident Cases
In many car accident cases, the other driver in the crash was entirely at fault. For example, the outcome of a lawsuit where a drunk driver ignores a red light and hits your car on the passenger side is probably predictable. In this instance, the other driver, usually through their insurance provider, will be required to compensate you for your financial losses, such as medical bills, lost income, and your pain and suffering. However, in many cases, each driver involved in the accident plays a role.
If you were partially to blame for your accident, it could impact your personal injury lawsuit. Maybe you were speeding when you collided with a drunk driver. It is not uncommon for two or more drivers to contribute to an accident. While our Strousburg car accident attorney will argue that the other driver was to blame, a defense attorney is likely to counter that the plaintiff contributed or caused the accident.
In Pennsylvania, courts follow a modified comparative fault rule. Under this rule, both parties could be found to share the fault for a motor vehicle accident. Typically, a jury will be asked to determine the amount of damages the plaintiff should be compensated and to proportion fault between the parties involved based on the evidence presented by both sides. If a plaintiff is found to have contributed to the accident, their compensation award will be reduced accordingly.
Returning to the example above, imagine that a jury determines that your total compensatory damages should be $100,000, including your medical expenses, lost wages, and the pain and suffering you endured. However, given the facts presented, specifically that you were speeding at the time of the accident, the jury concludes that you were thirty percent at fault. Under Pennsylvania’s modified comparative fault rule, your award would be reduced to $70,000 to reflect your contribution to the accident. Part of our Pennsylvania car accident attorney’s job is to advocate your case as well as defend against any allegations of fault the defense brings.
There is one more important thing to understand about Pennsylvania’s modified comparative negligence rule. If a jury decides that a plaintiff was more than fifty percent at fault in an accident, they are not permitted to recover any financial compensation from the defendant.
While the modified comparative negligence rule binds juries and judges in Pennsylvania, it is also used by car insurance adjusters to evaluate claims. When determining a possible settlement amount, a claims adjuster will try to predict what would happen if the case went to trial. If there is evidence supporting that you were at fault, any offer will reflect that fact. However, in some situations, the known facts themselves do not support that you contributed to the accident. However, if you speak with an adjuster and mention that “you were distracted at the time of the accident,” you could hurt your own interests. It is critical to have an experienced Deleware County car accident attorney at your side if you want to pursue a personal injury lawsuit. It is also helpful if you have representation when dealing with an insurance company. You never know when filing a lawsuit will become necessary.
Car Insurance and Pennsylvania Car Accidents
Pennsylvania has a no-fault insurance system. This means that if you are involved in a car accident, your car insurance provider should pay for your out-of-pocket medical expenses and other financial losses. It does not matter who caused the accident under this system. However, your policy is likely to have specified limits in place. If you are injured and your insurance coverage is not sufficient to cover your entire financial losses, you could file a lawsuit against an at-fault driver. However, Pennsylvania law requires meeting an injury threshold before you are permitted to seek compensation through a civil action. Under 75 Pa. C.S. § 1705, a “serious injury” is an injury that results in permanent and severe disfigurement or seriously impairs the body’s function.
Unlike many no-fault states, Pennsylvania allows drivers the option to opt-out of the no-fault system. Under Pennsylvania law, an insurance company is required to inform potential clients of their coverage options and their right to pick either “limited tort” or “full tort” coverage.
Limited Tort Insurance Coverage
The title says it all. Limit tort coverage limits your rights to seek monetary compensation for your injuries when another driver causes an accident. This limitation extends to your family members and any other individuals coved under the insurance policy. If you opt for this type of coverage and are in a car accident, our Bucks County car accident attorney could seek compensation for your medical expenses and out-of-pocket losses related to the accident. However, you are not entitled to seek recovery for pain and suffering, or your non-economic damages, unless your injury qualifies as “serious” under Pennsylvania law. This usually excludes most soft tissue damage and other typical injuries associated with many car accidents. People will pick limited tort coverage because their monthly premium payments will be cheaper – even though it does limit their legal rights.
Full Tort Insurance Coverage
The more expensive option is full tort coverage. If you opt for this level of coverage in Pennsylvania, you and any covered family or household member has unlimited rights to recover for their injuries and financial losses if another driver caused an accident. In addition to being permitted to seek compensation for your medical treatment and recovery, people with full tort coverage are not limited when seeking monetary recovery for their pain and suffering and other non-economic damages. Because there are no restrictions, our Lancaster car accident attorney could seek compensation for pain and suffering even in cases where an injury is not considered “serious” under Pennsylvania law.
Pennsylvania Car Accidents Involving Pedestrians
Not every injury caused by a negligent driver involves another vehicle. Unfortunately, pedestrians in Pennsylvania are struck by reckless and careless drivers. These incidents could be everything from ignoring a stop sign to losing control of a car and hitting an unsuspecting pedestrian walking along the sidewalk.
To protect pedestrians, Pennsylvania has many statutes designed specially to limit the number of accidents involving pedestrians.
These statutes target the behaviors of both drivers and pedestrians. For example, pedestrians are required to adhere to all traffic signals and listen to any instructions provided by law enforcement.
If there are no traffic signals present, then anyone operating a motor vehicle must yield the right of way to a pedestrian at an intersection or crosswalk. It should go without saying that a pedestrian is prohibited from suddenly running or walking into the path of an oncoming vehicle. This also means that a pedestrian is not permitted to cross a street at any section that is not an intersection or crosswalk.
Pedestrians are also required to use the sidewalk. If one is not available, then they must use the shoulder. In situations where a car is turning into a parking lot, garage, alley, or would have to legally cross the sidewalk for any reason, the driver must yield to a pedestrian.
Just because a pedestrian is violating one of the above or other rules, a driver is not permitted to hit them without consequence. In many cases, a pedestrian’s carelessness could mitigate a driver’s fault without relieving them of it entirely. Our Pennsylvania car accident attorney will provide pedestrians who were the victims of car accidents the same professional and committed representation we provide other motorists.
Call Our Pennsylvania Car Accident Attorney if You Have Any Questions Regarding Personal Injury Lawsuits
Personal injury lawsuits are often complicated, governed by many different Pennsylvania laws and regulations. If you or a family member were injured in a car accident caused by another driver, it is critical that you understand your rights and obligations under the law. Sometimes, a simple mistake could adversely impact your ability to fight for the compensation you deserve. Our experienced Pennsylvania car accident attorneys fully understand the state and local rules and regulations that could influence your case’s outcome. To review your legal options and rights, call the Reiff Law Firm at (215) 709-6940 to schedule a free consultation.
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