what are you required to do after a car accident. pennsylvania
Guide to Pennsylvania Car Accidents
Understanding fault and your recovery options when you're involved in a machine accident
Pennsylvania has some unique laws apropos auto accidents. Here's what you need to know to brand the most of your recovery before the statute of limitations expires.
According to the National Highway Traffic Safety Assistants (NHTSA), Pennsylvania doesn't crack the top x when it comes to the most dangerous states for driving. Information technology is, notwithstanding, considered the 2d most unsafe state for winter driving.
Whether you're cruising down Scenic Highway 6 in Scranton in the dead of summer or struggling upwards a loma in Erie through 2 feet of snow in the middle of winter, car accidents in Pennsylvania are a real danger.
Here are some things to remember about in order to make certain y'all're in a position to recover financially following a car crash in the Keystone Country.
Pennsylvania car blow statistics
Though the high numbers of car crash injuries and death are alarming, it's worth keeping in listen that Pennsylvania's fatality rate has been lower than the U.South. boilerplate for almost every year since 1937.
| Total crashes in Pennsylvania past severity (2018) | ||
|---|---|---|
| Fatal crashes | 1,103 | |
| Injury crashes | 56,765 | |
| Property damage simply crashes | lxx,552 | |
| Source: Pennsylvania Department of Transportation | ||
Pennsylvania's fatal auto crash rate has been lower than the national boilerplate almost every year since 1937. Tweet this
Simply make no mistake, many dissimilar types of crashes notwithstanding occur on Pennsylvania roads every day. Sure types of crashes are more common than others.
| Common types of crashes in Pennsylvania by percentage (2018) | ||
|---|---|---|
| Hit fixed object | 30.6% | |
| Angle | 26.8% | |
| Rear-terminate | 21.eight% | |
| Sideswipe | half-dozen.iii% | |
| Hitting pedestrian | 3.2% | |
| Head-on | 4.0% | |
| All others | seven.5% | |
| Source: Pennsylvania Department of Transportation | ||
Pennsylvania machine blow laws
The laws that govern motor vehicles in Pennsylvania tin can exist constitute in the Pennsylvania Vehicle Code (Title 75). These laws address everything from vehicle registration requirements to prohibitions on transporting sure hazardous materials.
While many of these laws won't touch on you or your injury claim, there are a few laws that you need to know about.
Pennsylvania distracted driving laws
In Pennsylvania, it'south illegal for whatsoever driver to use any wireless communication device (smartphone, laptop, tablet, etc.) to send, read, or write text-based communications (aka, texting) while the car is in motion.
If yous're caught using a wireless communication device while driving, y'all'll accept to pay a fine. In addition, if you crusade injury or death to another person while texting behind the wheel, yous'll face:
- A 2-twelvemonth jail sentence for causing serious bodily injury while texting, or
- A 5-twelvemonth jail judgement for causing a fatality while texting.
Pennsylvania drunk driving laws
You'll receive a DUI in Pennsylvania if your claret-alcohol content (BAC) is in a higher place .08%. If you're a commercial commuter (CDL holder), the legal limit drops to .04%.
If you're nether the age of 21, Pennsylvania has a "zero tolerance" law, which means you will exist charged with a DUI if y'all have any alcohol in your organisation.
Pennsylvania hit and run laws
Pennsylvania requires the driver of whatsoever vehicle involved in a motor vehicle accident that results in injury or holding impairment to:
- Stop their vehicle at the scene (or as close to the scene as possible),
- Provide their name, address, registration number, and driver's license to others involved in the blow (or get out a notation with the data if the car is unoccupied), and
- Assist whatever injured persons (by, at minimum, calling an ambulance).
In addition, drivers are required to fill up out and file a Pennsylvania Department of Transportation Driver's Accident Written report form within v days of the accident if:
- The accident wasn't investigated past the police, and
- The accident resulted in decease, injury, or astringent damages to any vehicle.
Auto insurance coverage
No-fault and fault-based insurance systems refer to a country's rules for how a car accident victim is required to handle the claims-filing process.
- No-fault insurance systems. In states with a no-fault insurance system, all drivers in an accident—no matter who's responsible—turn to their own insurance policies to cover the damages.
- Fault-based insurance systems. In states with a error-based insurance system, the person responsible for causing a auto accident is responsible for paying the damages.
Pennsylvania is different than most states because it has neither a no-error system nor a fault-based system.
Rather, it's up to each commuter to decide whether to purchase no-fault insurance (sometimes called "limited tort" insurance coverage) or fault-based insurance (sometimes called "full tort" insurance coverage).
There are advantages and disadvantages to each type of coverage. The most important thing to keep in mind is that, with very few exceptions, you tin can't file a lawsuit against the at-fault commuter if you have no-fault insurance. Instead, yous're limited to filing a claim with your own insurer.
#Pennsylvania drivers are allowed to choose no-fault or fault-based insurance coverage. Tweet this
All drivers in Pennsylvania are required to comport liability insurance. Liability insurance covers bodily injuries and belongings impairment caused past the insured individual and sustained past someone other than the insured.
The required minimum amounts of liability coverage in Pennsylvania are:
- $fifteen,000 for bodily injury or death of one person in an accident
- $30,000 for total bodily injury or death in an accident (i.eastward., for all persons harmed in 1 blow)
- $5,000 for belongings damage per blow
Determining fault in a Pennsylvania car accident
After an accident, insurance companies and personal injury lawyers will attempt to determine who's at mistake for an accident (assuming the driver'due south insurance coverage is fault-based).
Pennsylvania drivers take a duty to practice reasonable care to avoid injuring others on the road. If a driver violates this duty (by, for example, texting while driving or running a end sign), then the driver will probable be establish negligent (i.due east., at error).
Enjuris tip: If the defendant received a commendation for violating a driving statute, the defendant will exist presumed negligent and the accused will have the burden of proving that they didn't cause the accident. This is referred to every bit "negligence per se."
What happens if both the plaintiff and the accused are at fault for an blow?
Pennsylvania follows the modified comparative fault rule. Under this rule, the plaintiff's damages are reduced past their percentage of fault. What's more, if the plaintiff is more than than 50% at error, they are prohibited from recovering any damages.
#Pennsylvania follows the modified comparative mistake rule. Tweet this
Blazon of amercement in a PA machine crash lawsuit
In a personal injury lawsuit based on a car accident, you tin can recover economical and not-economic amercement.
Economical amercement have a price tag, and include:
- Medical expenses (past and future)
- Lost wages (by and future)
- Belongings repair or replacement
Facing facts: The economic loss due to reportable traffic crashes in Pennsylvania in 2018 is estimated to be merely over $26 billion.
Pennsylvania auto blow statute of limitations
The term "statute of limitations" refers to a law that sets a time limit on your right to file a lawsuit. If you fail to file your lawsuit within this time limit, your case will be dismissed.
In Pennsylvania, almost automobile accident lawsuits (whether based on property damage or concrete injuries) must exist brought within 2 years of the accident.
If you're filing a lawsuit against the authorities (perhaps you were hit by a city bus), the statute of limitations drops down to 6 months.
Enjuris tip: Claims against the authorities present many unique challenges. If you think your auto accident involves the government, you'll need to empathize the legal theory of sovereign immunity.
What to do after a auto accident
We've provided you with a lot of data and then far. Nosotros know that car crashes can be traumatic and it's hard to call up clearly immediately subsequently.
With that in mind, hither are 7 easy-to-think steps to go on in mind.
7 steps to have following a Pennsylvania motorcar crash
- Pace 1. Terminate your vehicle. Remember, Pennsylvania police requires you lot to terminate after an accident, commutation contact information with the other driver, and return reasonable aid.
- Step 2. Phone call the constabulary. If y'all don't call the police, you'll have to file a written report with the Pennsylvania Department of Transportation. Calling the police volition save you problem and the law written report could help support your merits.
- Stride iii. Collect witness statements and information. It's hard to locate witnesses once you get out the scene of a crime. If information technology'south safe to do so, identify and collect witness information immediately after your accident.
- Pace 4. Seek medical attention. Even if you lot don't call back you're seriously hurt, it'southward important to encounter a doctor. Some symptoms don't manifest until hours or fifty-fifty days later an accident. What'southward more, visiting a doctor later your accident makes any later accident claim seem less suspicious.
- Step 5. Notify your insurer. Near insurance policies require you to notify your carrier within a reasonable amount of time. If you lot fail to practise so, you take a chance having your merits denied.
- Footstep 6. Document everything. To ensure you lot receive the damages yous deserve, it's important to first keeping track of all your damages and recording all your injuries.
- Step 7. Talk to an chaser. Most initial consultations are free. Even if you don't call up y'all need an attorney, encounter with one to find out if there's something you're missing.
Post-Incident Report Complimentary post-blow report form to keep in your glove compartment. Take photos of the accident scene and the automobile damage. These will exist included equally exhibits by your lawyer.
Withal not finding what you demand?
Bank check out our other articles on motor vehicle accidents in Pennsylvania.
Did you know that car blow law varies by land?
Hurt in a car crash? Y'all may find these resources helpful
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover fiscal compensation. These funds are often needed to pay for medical treatment, make upwardly for lost wages and provide bounty for injuries suffered. Sometimes a case that seems simple at commencement may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more than
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Source: https://www.enjuris.com/pennsylvania/car-accident/
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