Being blamed for a car accident when you’re not at fault in Pennsylvania can be a frustrating, unfair, and emotionally exhausting experience. Not only does it involve dealing with physical and material damages, but also with the feeling of powerlessness when you’re unsure what to do next or how to get out of the situation.
How Liability is Determined After a Car Crash in Pennsylvania
Insurance companies determine liability typically by analyzing the drivers’ statements, the police accident report, and the vehicles’ conditions to get a clear picture of how the crash happened. Their role is to determine how much the insurance company should pay, based on the policy terms and the law.
However, they are also tasked with safeguarding the company’s financial interests. As a result, it’s not uncommon for adjusters to look for ways to limit the payout.
When You Disagree With The Insurance Company’s Assessment
Don’t assume the insurance company’s settlement is the final word. When their account of the accident doesn’t align with your experience, you have the right to challenge their decision and pursue compensation for damages.
This is where proving liability and demonstrating that the other driver was at fault is crucial. Some evidence that will help you prove fault includes secondary sources such as witness statements, dashcam footage or surveillance footage.
Additional factors which could affect how fault is determined include:
- Whether their were any traffic violations,
- the road conditions at the time of the crash,
- vehicle damage patterns,
- and whether either driver had the opportunity to avoid the crash.
Because proving liability can be complicated, especially if the accident was serious, consulting with an experienced Pennsylvania car accident lawyer at this stage can be extremely beneficial.
What To Do if You are Being Unfairly Blamed
If you are in a situation where you are being blamed for a car accident that wasn’t your fault, take these steps:
- Don’t admit fault. After an accident, never tell the other driver, their insurance company or the police that it was your fault. Even if you feel guilty, you may not be aware of all the factors that affect the liability of the case. If you admit fault you can lose the right to recover damages.
- Document all the evidence. Take videos and photos of the vehicles involved, as well as the environment so you can paint a clearer picture of the accident.
- Gather eyewitness contact information, as their neutral accounts can be key in proving what happened.
- Review the police report. Dispute errors or add a supplemental statement if needed.
- Document the full extent of the damages. Include medical records, any cost associated with your injuries, lost wages from work, emotional distress, and future care.
- Challenge any wrongly issued tickets. You can contest them if the traffic violations were unfairly issued.
- Dispute insurance decisions. Send a letter with evidence, or let your lawyer handle it.
- Consider working with an accident reconstruction expert: they analyze evidence to provide an objective report on fault.
- Work with a skilled attorney from Wilk Law Personal Injury & Car Accident Lawyers. They’ll protect your rights and strengthen your case.
Be Careful When Speaking With Insurance Adjusters
It’s important to remain calm and measured. Avoid making hasty explanations or casual remarks like “I didn’t see them coming” or “I thought the road was clear.” These kinds of statements can be misinterpreted and may be used as admissions of fault.
This is why it’s necessary to be prudent when speaking with them. Even well-intended comments can be taken out of context and used to reduce or deny your claim. Being careful doesn’t mean being dishonest, it means protecting yourself.
Keep in mind that in these cases, time can be a critical factor. If you don’t take action quickly, you could end up being held financially responsible for damages you didn’t cause, including repair costs, medical bills and potential legal consequences.
If the adjusters begin shifting blame onto you, the best course of action is to consult our experienced Pennsylvania car accident attorneys at Wilk Law Personal Injury & Car Accident Lawyers. Our skilled legal team can help build a strong defense, gather critical evidence, and locate reliable witnesses—all with the goal of protecting your rights and ensuring a fair process.
Reasons Why a Driver May be Found at Fault
There are several common reasons a driver might be found at fault after a car accident, some examples include:
- Driving under the influence: DUI cases are serious and often lead to automatic fault, both criminally and civilly.
- Following too closely (tailgating): this is one of the top causes of rear-end collisions. If you hit someone from behind, you’re usually presumed at fault, unless there is clear evidence that shows or prove otherwise, like if the front vehicle’s brake lights weren’t working or if the lead driver slams on the brakes without a valid reason.
- Running a red light or stop sign: disobeying traffic signals is a clear violation and typically results in full or majority fault.
- Not maintaining control of the vehicle: losing control due to inattention or lack of vehicle maintenance (like bald tires or faulty brakes) can also lead to a finding of fault.
- Improper lane changes: not signaling or checking blind spots can result in sideswipes or collisions. In most cases, the driver who made the lane change is the one held liable.
These aren’t the only possible reasons, and none of them automatically determine fault in every case. Each accident has its own unique circumstances, so liability is always evaluated based on the specific facts and available evidence.
Shared Fault in Pennsylvania Car Accident Claims
There are a number of reasons why insurance companies may be shifting blame unfairly on to you. For one, Pennsylvania operates under a modified comparative negligence system.
What that means is that if you are less than 51% at fault for the accident, you may receive compensation for the damages. But, if you’re 51% or more at fault, you won’t be eligible to recover any damages.
So, in simple terms, the amount of compensation you can receive is impacted by how much you contributed to the accident. For example, if you’re found to be 25% responsible, your compensation will be reduced by that same percentage.
This is a big part of why insurance companies try to limit liability assigned to them. The less liable they are, the less they have to pay out to you.
Award-winning Pennsylvania Car Accident Law Firm
At Wilk Law Personal Injury & Car Accident Lawyers, an award-winning Pennsylvania car accident law firm, we´re committed to providing you with clear and personalized legal representation.
We understand how difficult this process can be, which is why we work hard and tirelessly to protect your rights, clarify what happened, and fight to maximize your financial compensation. We don’t just take your case; we treat it as if it were our own.
From the moment you contact us, we listen to your story, explain your options, and guide you through every step of the legal process. Our goal is to ease your burden so you can focus on your recovery while we focus on building a strong case. Contact us today for a free initial case evaluation.
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