Whether you’re in a rush to get to work or on your way to the airport to catch a flight for vacation, nothing can disrupt your day like another driver hitting your vehicle. Arguing with the insurance company to prove you weren’t at fault is almost as frustrating as damage to your car and sustaining injuries. If this situation sounds familiar, you’ll want to keep reading to learn how insurance companies determine fault after a car crash and how car accident attorneys can help you navigate these complex situations.
What factors can influence fault in a car crash?
There are several factors insurance agents will consider when determining fault in a collision.
One of the most common elements used is the type of collision that occurs. For example, a rear-end collision is almost always the fault of the driver behind the car that was hit. However, accidents occurring at intersections can be more challenging to prove as it relies on the driver with the right-of-way. The driver who does not have the right-of-way is almost always at fault. However, if a car making a turn hits the car waiting at the stop sign, the driver making the turn would be liable for the damages.
Also, insurance companies will consider all photo and video evidence. After an accident occurs, making as many photos of the scene as possible is essential, as it can provide the necessary proof of who was at fault. This is because experts can examine the photographs to collect data about who was responsible.
Finally, witness statements are essential to help prove fault. Generally, these individuals will provide their account of the accident, which can prove valuable in many circumstances. For example, one witness may have seen the driver texting seconds before the accident, which can drastically influence the outcome of the case.
Does Pennsylvania observe comparative negligence?
It is important to note that Pennsylvania does observe modified comparative negligence. This means that if both drivers are found to be somewhat at fault for the collision, the driver who is less at fault can recover damages so long as they are not more at fault than the other party.
For example, if you are found 10% at fault for the collision, you will receive 90% of the damages awarded to you.
Regardless of whether or not you contributed some fault, it can be a challenge to deal with insurance adjusters. If they’re giving you a hard time while trying to file a claim, you’ll need to reach out to a qualified attorney.
At Friedman Schuman, we have the experience you need to help fight insurance adjusters. Contact us today to connect with a competent attorney to learn more about how we can help you during this challenging time.