A car crash can change everything in an instant. But while the accident itself may happen in seconds, proving who was at fault often takes time, effort, and strong evidence. If you’ve been hurt in a crash, proving fault is key to recovering the compensation you deserve.
Here’s what you should know about proving fault in a Pennsylvania car accident case — and how we can help you build a strong claim.
Pennsylvania’s Fault Rules
Pennsylvania is a “choice no-fault” state, which means drivers choose between “limited tort” and “full tort” insurance when they buy a policy. Limited tort drivers have some restrictions on their ability to sue for pain and suffering unless the injury is considered serious. Full tort drivers can sue for all damages without those restrictions.
Regardless of your tort selection, fault still matters. Pennsylvania follows a modified comparative negligence rule. If you are 50% or less at fault for the crash, you can still recover damages, but your percentage of fault will reduce your compensation. If you are more than 50% responsible, you cannot recover damages.
This system makes it critical to gather evidence that clearly shows the other party’s fault. Without strong proof, you could see your potential compensation reduced or lost altogether.
Key Evidence Used to Prove Fault
After an accident, evidence starts disappearing quickly. Skid marks fade, witnesses move on, and damaged vehicles are repaired. That’s why it’s essential to act fast. Here’s the kind of evidence that can help prove fault:
- Police Reports: When the police respond to a crash, they document essential details. Officers often note who they believe caused the accident, issue citations, and record observations that may support your claim.
- Witness Statements: Neutral third parties can provide powerful testimony. Someone who saw the crash happen can confirm your version of events and fill in missing details.
- Photographs and Video Footage: Photos of the vehicles, the road, debris, skid marks, and even weather conditions can paint a clear picture of how the crash occurred. Sometimes, nearby businesses or traffic cameras capture the accident on video.
- Vehicle Damage: The location and extent of damage on each vehicle can tell accident reconstruction experts a lot about how the crash unfolded.
- Medical Records: Immediate medical treatment creates a direct link between the crash and your injuries. Waiting too long to seek care gives insurance companies room to argue.
- Expert Analysis: In more serious or complicated cases, accident reconstruction experts may be needed to explain how the crash happened.
The earlier you gather and preserve this evidence, the stronger your case will be.
Imagine trying to find security footage weeks after the crash — it might already be erased. Quick action makes all the difference.
Common Challenges in Proving Fault
Even when it seems clear who caused the accident, challenges can arise. Insurance companies often work hard to deny or minimize claims. They may try to blame you, even if you weren’t at fault. Drivers might change their story or point fingers in your direction.
In multi-vehicle collisions, faults can even get murkier. More parties mean more complicated investigations, and without solid proof, you could get stuck covering damages that weren’t your fault.
It’s easy to feel overwhelmed when you’re trying to recover from injuries and deal with insurance companies at the same time. That’s where having an attorney on your side can make a real difference.
How an Attorney Can Help Strengthen Your Case
We know how insurance companies operate, and we know how to protect your rights. Here’s what Kozloff Stoudt can do to help:
- Investigate the crash thoroughly while the evidence is still fresh
- Interview witnesses and preserve crucial statements
- Gather and review photos, videos, police reports, and medical records
Work with accident reconstruction specialists and medical experts when needed - Handle all communications with insurance adjusters
Build a strong case that’s ready for settlement negotiations or trial
When you work with us, you don’t have to deal with insurers or legal paperwork alone. We take care of the heavy lifting so you can focus on healing.
Protecting Your Rights After a Crash
Proving fault in a Pennsylvania car accident isn’t always easy, but it’s essential to getting the financial recovery you need. Strong evidence, timely action, and experienced legal help all play critical roles.
If you or someone you love has been hurt in a car accident in Wyomissing, Berks County, or anywhere in Southeastern Pennsylvania, Kozloff Stoudt is ready to help you fight for what’s fair. Call us today to schedule a consultation and take the first step toward protecting your rights.