Car accidents are chaotic by nature. In just a matter of seconds, the lives of everyone involved have changed. Once the accident is over, and all injuries have been stabilized, both parties want to know who is going to cover the damages. In Pennsylvania, the answer is a little complicated.
Pennsylvania is a No-Fault State
Pennsylvania has adopted the no-fault strategy for handling car accidents. What this means is that each person involved in the car accident will rely on their own insurance to cover their damages and losses first. In many cases, there is enough insurance coverage for this, and there is no reason to take the case further.
However, if the injuries were extensive, and the insurance policy has a low limit, there may not be enough coverage for the losses. When this occurs, your attorney will seek the remaining damages from the at-fault driver’s insurance.
Pennsylvania law requires the victim to prove that the other driver was negligent and the negligence led to the victim’s injuries. To determine negligence, the jury will look at the actions of the driver and compare them to what a reasonably prudent driver would do under the same or similar circumstances. If not, then that driver was negligent.
For more information contact The Pearce Law Firm, Personal Injury and Accident Lawyers, P.C.