The only way to know if you have a personal injury claim after a car accident is to schedule a free and confidential case analysis with an experienced Enola auto accident attorney. Only qualified Pennsylvania personal injury lawyers – such as the legal team at Shollenberger Januzzi & Wolfe, LLP – can make legal recommendations regarding your case.
Consider the following basic car accident liability guidelines and call our car crash attorneys today.
Legal Grounds for Filing Personal Injury Claims in Pennsylvania
Not every motor vehicle accident – even those resulting in serious injuries – can support a personal injury claim. To determine whether you have a case, a legal professional must analyze the facts of your car accident to determine whether another party’s negligent (careless) conduct caused or contributed to the crash. The basic elements of legal negligence in Pennsylvania include:
Duty
All Pennsylvania drivers have a duty to drive safely and in accordance with traffic laws. This element is generally implied in car accident cases.
Breach
You must show that the driver breached the applicable duty of care. This generally means showing that he or she violated traffic laws related to distracted driving, speeding, alcohol, or safe vehicle operation.
Causation
The breach must have caused or contributed to the crash. For example, the other driver may have been texting, but this likely would not have contributed to her being rear-ended at a red light.
Damages
You must suffer actual damages to bring personal injury litigation in Enola. This means you sustained an injury or other economic loss as a result of the other driver’s negligent conduct. Examples include:
- Medical expenses
- Lost wages
- Property (vehicle) damage
- Physical pain
- Emotional suffering
If you narrowly avoided a vehicle while crossing the street – even if the driver was negligent – you likely do not have a personal injury claim.
Determining Fault After an Enola Car Crash
Obtaining a police report, witness statements, and video evidence is important for determining fault after a traffic accident. The evidence must show that the other driver was negligent. In serious injury cases, most car accident law firms will retain dedicated investigators and accident reconstruction specialists to determine the most likely accident cause. They might then use these reports to demand that the liable driver (and his/her auto insurance company) accept fault for the crash.
Many legal battles involve fault determinations, and it’s not uncommon for insurers to shift blame to another party – including the victim. If the other driver’s insurer refuses to accept fault, this is not a legally binding decision. An experienced Enola car accident lawyer can challenge the insurer and, if necessary, take your case to court. Even if you were partially liable for the crash, you might still recover personal injury damages under Pennsylvania law.
Contact an Enola Personal Injury Attorney to Discuss Your Car Accident Claims
It’s essential to discuss your car crash with a local personal injury lawyer. The reputable Enola car accident attorneys at Shollenberger Januzzi & Wolfe, LLP can help you determine whether you have a case for financial compensation without any obligations or costs. Call 717-229-6580 or contact us online to schedule your free personal injury case analysis today.