Pennsylvania – December 1, 2020

Speeding may have been a factor that led to a driver being seriously injured in a wrong-way crash along Route 51 in Jefferson Hills near Pittsburgh.  Police reported that one driver crossed the center line of the highway, sideswiped a car, and hit another one head-on, after likely speeding and losing control on the wet pavement.  The other driver was hospitalized with non-life threatening injuries.

Negligence.

Pennsylvania injury lawyers will build a strong case to prove negligence by sending investigators to the accident scene; reviewing police and medical reports; interviewing witnesses; hiring financial experts to make loss valuations; determining preliminary accident causes; and drafting and filing complicated insurance and legal documents.  This will help expedite insurance settlements, or court action.  Accident lawyers have the burden to prove that an individual, or entity was negligent, caused the injury named in the lawsuit to an accident victim, and owed them a duty of care.  If a criminal component exists, or an infraction of the law that is revealed in the police report, that component may positively influence a civil case outcome for the accident victim.

Damages.

Damage awards requested for economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, include pain and suffering, loss of consortium, or companionship are commonly requested.  There are times when the loss is caused by egregious acts, and punitive damages meant to punish the person who caused harm are also requested.  Monetary awards in Pennsylvania have no cap on most damages, but there is a cap of $500,000 against local government claims, and a $250,000 limit on claims against the State when government, or state vehicles are involved in car accidents.

Statute of limitations.

Pennsylvania’s statute of limitations gives an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. An accident attorney can apprise individuals of any deviations from that timeline.

Insurance and reporting.

 In Pennsylvania, an accident report  must be filed with the Pennsylvania Department of Public Safety within five days from the mishap if collisions result in death, injury, or significant property damage.  Personal injury attorneys can explain Pennsylvania’s  “modified comparative negligence” rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, but a plaintiff can only seek damages from the defendant if they are less than 51 percent at fault.

Seek legal counsel.

Individuals should contact an experienced accident attorney for a consultation, as they can interpret preliminary accident reports, and utilize state, and federal law to support a case’s best outcome toward the compensation of damages.  Scanlon & Wojton will fight for an accident victim’s rights to a positive case outcome.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

 

Sources.

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

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