Proving fault in a car accident isn’t always easy. There may not be a lot of clues at the scene of the accident as to the cause and witness testimonies may not match or provide enough information about what happened. Furthermore, the attorneys for the defendant will do everything they can to avoid blame being placed on their client. It isn’t out of the question for the defense attorneys to try and place blame on the victim driver.
Because of the sensitivity of a car accident case and its complexities, it is important to have a car accident attorney by your side from the very start to protect your best interests. Pennsylvania’s laws can be complicated, but an experienced attorney is well-versed in those laws so they can be used to benefit your case rather than hurt it.
You can’t have a personal injury lawsuit without determining who is at fault for a car accident. Fault determines who is going to pay the damages and how much. However, the burden of proving fault falls on the victim, which means a thorough investigation must be done regarding the cause of the car accident.
The investigation may consist of your car accident lawyer having expert witnesses give their opinions on what occurred. Your attorney may also hire professionals that specialize in accident scene reconstruction so they can use expert witness statements, the actual witness testimonies, photos, and the police report to recreate the scene. Everything possible is done to uncover every detail in your case in order to strengthen it as much as possible.
By presenting a clear picture to the other party’s insurance company, the chance of achieving a meaningful settlement is more likely. If the case goes to trial, it is imperative that the jury understand what occurred so they can clearly see the defendant was at fault and why. Without that clear picture, it could be said that fault hasn’t exactly been proven.
Pennsylvania is a no-fault car insurance state, which mandates that a person’s own insurance pays when they have been in an accident. However, that doesn’t mean that a claim still can’t be made against the insurance of the other person. It is also possible for more than one party to have some kind of fault in the accident. This is where accident reconstruction and witness statements are especially important because how much fault each party has can determine the amount of compensation they pay.
As for other parties that can be held liable in a car accident, known as third parties, it is possible to hold manufacturers liable if something about their vehicles caused the accident or caused the accident to be worse than what it would have been had everything functioned properly. A defective seatbelt is a good example of this. If a seatbelt broke when it shouldn’t have during an accident, then the manufacturer could be held responsible. This means that both the driver at fault and the car manufacturer could be held liable so the victim can receive more compensation to cover their damages.
If a defective tire contributes to an accident or to the severity of it, then the tire manufacturer can be held liable. If the defective tires are factory installed tires, the manufacturer could be included in the lawsuit for placing defective tires on their vehicles. In this case, it is possible for a class action lawsuit to take place if many individuals have been hurt due to faulty tires. Class action lawsuits due to tires causing accidents have happened in the past.
When involved in a car accident, it is imperative to determine who was at fault. If more than one party was at fault, then all need to be named in a personal injury lawsuit. The reason why is so you can maximize compensation as much as possible so you can pay your accident-related expenses and more. With the help of an experienced accident attorney, all responsible parties can be identified to strengthen your claim. To learn more about your rights and options, call The Brotherly Law Offices today at 215-545-8500 or contact us online to schedule a free consultation.
If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.