Determining Liability in a Car Accident

Liability is the legal term used when an individual is determined to be responsible to pay damages to an injured party whom they have hurt, very often as the result of a car accident. Liability is directly connected to who was at fault for the accident and the level of negligence involved among all parties in a mishap. Even a seemingly innocent victim can be assessed a percentage of negligence under the comparative negligence doctrine that may be applied in the state of Pennsylvania. Some automobile accident cases are generally routine, as fault and ultimate liability for the accident is obvious, but many accidents are very serious and complicated. In addition, accidents that result in fatalities are always investigated thoroughly for fault and liability, which is then documented on the police report. This is essentially where the legal argument begins.

Accident Reconstruction

Accident reconstruction is the process of unraveling what actually happened during a car accident, with the police department of jurisdiction investigating the accident and issuing an official report regarding the accident. However, this is not always the final determination of who was at fault or the percentage of comparative negligence assigned to the injured victim. Many Pennsylvania auto accident attorneys also have an accident reconstruction specialist with experience in law enforcement who can provide a competing version of events involving their injured client. Insurance companies will often take this step as well, so cases can get complicated and competitive. This is why it’s always wise to take pictures of the accident — if you are physically able to — right away.

Who Determines Liability in the State of Pennsylvania?

The insurance company for the party who is the most at fault in an accident is essentially the first determinate of liability when they make an offer to settlement. The amount of the offer will indicate how much comparative responsibility the company will claim. There are often contested versions of events involved in an auto accident, and it is vital to have an experienced car accident attorney representing your case regarding accident reconstruction because negotiations get be intense. The issue is often not so much who is liable, but more so how much liability the injured victim has in causing the accident. This determination is clearly not an exact science, and an experienced car accident attorney can make a major difference in how much responsibility their client shares. It is always vital to have a professional legal negotiator handling your case.

If you have been injured in a car accident in Pennsylvania, you have the right to reap any compensation you may be entitled to. Don’t hesitate to contact Pennsylvania Car Accident Lawyers today.


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