Who Is at Fault for My Lancaster Car Accident?

If you were injured in a  car accident in Lancaster, Pennsylvania, you might be wondering who is responsible for it. How will you pay your medical bills and car repair bills? And what about the wages you lost while recovering?

An experienced Lancaster car accident attorney from Marzzacco Niven & Associates can review your situation during a free consultation. Call today at (717) 616-2954 or contact us to schedule yours and begin the process of getting the compensation you deserve.

Why Should I Choose Marzzacco Niven & Associates for My Car Accident Case in Lancaster?

Why Should I Choose Marzzacco Niven & Associates for My Car Accident Case in Lancaster?

A Lancaster personal injury attorney can investigate the circumstances surrounding your case, explain Pennsylvania’s unique auto insurance laws, and file your insurance claims. 

Some of the reasons you should consider hiring Marzzacco Niven & Associates to handle your car accident claim are that we:

  • Have over 120 years of combined legal experience, making it difficult to find any other local firm with this level of knowledge and experience
  • Have been recognized by Best Lawyers of America, Super Lawyer, Super Lawyers’ Rising Stars, and National Trial Lawyers Top 40 Under 40
  • Have an attorney on staff who is a certified workers’ compensation specialist, so we can advise you on your rights if you were injured while working
  • Have recovered tens of millions of dollars in compensation for our clients

Our Lancaster, PA, team is here to provide the support you need. Contact our dedicated legal team for a free, no-obligation consultation with a Lancaster car accident lawyer..

Pennsylvania’s Car Insurance System

Before determining who may be at fault for your car accident, it’s important to have a general understanding of Pennsylvania’s insurance system. 

All motorists are required to have the following types of insurance

  • $15,000 for bodily injury or death of one person in an accident
  • $30,000 for bodily injury or death of more than one person in an accident
  • $5,000 for property damage 
  • $5,000 in no-fault medical benefits coverage

Liability insurance covers damages you cause someone else, while no-fault benefits pay for your medical bills and certain other out-of-pocket expenses you incur, regardless of fault. 

Pennsylvania’s “Choice No-Fault” System

Pennsylvania has a unique auto insurance system, called “choice no-fault.” Under this system, you determine how you will deal with an accident when you purchase auto insurance. You can elect either “full tort” or “limited tort.”

Full Tort Coverage

Under full tort, you retain the right to pursue compensation from the at-fault driver. This often results in higher insurance premiums, but the possibility of greater compensation if you have to file an insurance claim or lawsuit against the at-fault driver. 

Limited Tort Coverage and Exceptions

Under limited tort, you generally forfeit the right to sue the at-fault driver for pain and suffering or other non-monetary damages. Exceptions exist, such as:

  • You suffered a serious injury.
  • The at-fault driver was convicted or accepted Accelerated Rehabilitation Disposition for driving under the influence of alcohol or a controlled substance in the accident.
  • The other driver was operating a motor vehicle registered in another state.
  • The at-fault driver intended to injure themself or another person.
  • The at-fault driver was uninsured.
  • The auto accident was caused by a product defect.

An experienced car accident lawyer can review your insurance policy and situation to determine your legal options.

Possible At-Fault Parties in Car Accident Cases

If you have full tort insurance or one of the exceptions exists, you may want to know who could be at fault for the accident. 

Possible parties include:

The Other Driver

Many car accidents occur due to driver error, such as:

  • Speeding
  • Following too closely
  • Failing to yield the right-of-way

These types of negligent driving behaviors can quickly lead to collisions, causing serious injuries and significant property damage.

You 

You may have caused or contributed to the accident. Under Pennsylvania’s modified comparative negligence rule, you can still seek compensation for your damages if you were not more at fault than another at-fault party. However, your damages will be reduced by your degree of fault.

Another Road User

Another road user, such as a bicyclist, pedestrian, or someone on a scooter, could have acted carelessly or violated traffic rules. You can seek compensation from such negligent parties.

The Government

Some accidents happen because a traffic light is malfunctioning, a road is dangerously designed, or the road has not been properly maintained. The government or party responsible for road maintenance could be responsible. 

A Product Manufacturer 

When defective products contribute to injuries, personal injury victims can seek compensation from the manufacturers, designers, or marketers responsible for the defect. 

How to Determine Fault in a Car Accident 

An experienced attorney can gather evidence to help prove fault in an accident, such as:

  • Accident reports
  • Recordings from dash cams and traffic cameras
  • Witness statements
  • Photos of the accident
  • Accident reconstruction reports

This evidence can help identify the party or parties responsible for the accident. 

What Damages Can I Recover in a Car Accident Case?

Depending on the type of insurance you have, you may be able to recover compensation for the following damages:

  • Medical bills and future medical expenses
  • Property repairs
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Mental anguish 
  • Reduced quality of life 

An experienced car accident attorney can review your case, gather evidence, and fight to recover the full amount of compensation you’re entitled to under Pennsylvania law.

What Is the Deadline to File a Car Accident Case in Pennsylvania?

Pennsylvania has a two-year statute of limitations for most personal injury cases. If you don’t file a lawsuit within this timeframe, you can forfeit your right to recover compensation through the civil court system.

Contact Our Lancaster Car Accident Lawyers Today for a Free Consultation

If you need help proving who is at fault for your Lancaster car accident or seeking compensation for the damages you’ve sustained, a personal injury lawyer can help. At Marzzacco Niven & Associates, our team of Lancaster car accident attorneys is ready to fight for the compensation you deserve.

Contact us today for a free consultation.