How Fault Is Determined in Car Accidents
When you’re involved in a crash, one of the most important questions is who was at fault. At The Sharma Law Office, we help clients in the Lehigh Valley, Philadelphia, and New Jersey understand how fault is established and why it directly affects their right to compensation. If you’re working with a car accident lawyer, knowing how liability is determined can make a significant difference in your claim outcome.
What “Fault” Means After a Collision
Fault refers to legal responsibility for causing an accident. It determines who must pay for injuries and property damage. In Pennsylvania, fault plays a crucial role because it influences whether you can file a lawsuit and how much you can recover. When you consult a car accident attorney in Pennsylvania, one of the first steps they take is to examine how the crash occurred and identify every contributing factor.
How Fault Is Determined
Evidence Collection
Determining fault begins with evidence. Police reports, photos, dashcam footage, and witness statements all help establish what happened. According to the National Highway Traffic Safety Administration, documenting evidence immediately after a crash is essential because small details, such as tire marks or debris, can clarify how the collision occurred.
Comparative Negligence
Pennsylvania follows a modified comparative negligence rule. Under this system, each driver’s share of fault is expressed as a percentage. If you are 20% responsible, your compensation will be reduced by that same percentage. However, if you are 51% or more at fault, you cannot recover damages. This rule highlights why an experienced car accident lawyer in Pennsylvania is critical because accurate fault assessment determines the strength of your case.
Role of Insurance
After a crash, insurance adjusters conduct their own investigations. They review reports, statements, and vehicle inspection reports to determine who was at fault. Their findings impact whether your claim is approved and how much compensation you may receive. A car accident attorney in Pennsylvania can protect your rights during this stage by presenting evidence strategically and negotiating with insurers on your behalf.
If you were injured in a collision and are uncertain how fault may influence your right to recover damages, our attorneys at The Sharma Law Office can help you understand your legal options. We guide clients across Philadelphia, Lehigh Valley, and New Jersey through every stage of the claims process to ensure their rights are protected and their cases are supported by substantial evidence.
Why Fault Affects Your Claim
Financial Impact
Fault allocation determines the compensation you receive. If another driver is entirely at fault, you may recover damages for medical expenses, lost income, property damage, and emotional suffering. But if you share partial responsibility, the total award decreases.
Insurance Choices Matter
Pennsylvania offers limited tort and complete tort insurance options. Limited tort restricts the right to sue for pain and suffering unless injuries are severe. Full tort allows broader recovery options. Understanding your coverage and how fault interacts with it is something our attorneys review with every client.
Evidence Preservation
Fault determination depends heavily on timely action. The sooner evidence is collected, such as accident scene photos or witness contact details, the more effectively it supports your case. Our firm helps clients preserve crucial information that insurance companies or opposing counsel might later dispute.
What You Should Do After an Accident
- Call law enforcement immediately to ensure a police report is filed.
- Gather photos and witness details while the scene is fresh.
- Avoid admitting blame, even casually, as insurers may use those statements against you.
- Seek medical attention right away; medical records strengthen your case.
- Consult a car accident attorney to evaluate your legal options and ensure deadlines are met.
Our attorneys at The Sharma Law Office assist clients across Philadelphia, the Lehigh Valley, and New Jersey at every step of the claims process. To learn more about our experience in personal injury law, visit our About Us page or review our complete list of practice areas.
Strengthening Your Recovery
Understanding how fault is determined can make or break your claim. When you work with The Sharma Law Office, our attorneys evaluate every piece of evidence to help you secure the financial recovery you deserve. We assist clients throughout Pennsylvania and New Jersey who need dependable representation after an auto collision. If you or a loved one has been injured, contact us today to discuss your options with our team.