Law

Processes Involved When Determining Fault for a Philadelphia Car Accident

Regardless of how careful you are on Philadelphia roadways, you won’t be able to predict the actions of other motorists. Although you may know what to do right after a crash, you may not be familiar with the car accident claim process. The main aspect of this process is to determine fault for the crash. Fault dictates the insurance benefits you can get based on your contribution to causing the crash. 

However, insurance providers always think they can minimize the settlement amount by trying to blame you for the accident. Sometimes, they may contest in court that they are largely responsible for your injuries. In this case, you need the legal services of a car accident attorney Philadelphia who can craft a solid case for maximum settlement. Determining fault for a crash involves the following:

Investigating the Accident

Typically, car accidents are investigated by the police unless they involve minor damages. The investigation will allow the police to make a police report that contains information such as statements from witnesses, damage assessment, information of parties involved, traffic citations, and photos of the accident scene. This report won’t indicate who was at fault unless one driver admits fault. 

Moreover, an independent investigation of the accident can also be performed by insurance companies. This can happen when the accident resulted in significant damages. This investigation can also be done by your lawyer to prove your position in the case. Insurers will consider the evidence presented and the circumstances that surround your accident to determine whether their policyholder is responsible for the crash. 

Assigning of Fault by a Jury

Car crash cases that are litigated often center around gross negligence or fault. The jury may use all evidence from both parties and the official accident report from the investigation conducted by the police to determine the comparative negligence of every driver. Then, they will use this percentage to calculate the award that includes punitive damages in cases that involve gross negligence. 

As an injured party in a car accident case, you should not allow an insurance company or the negligent driver to deny you the fair compensation you deserve. Also, do not allow your medical bills to rise while you wait for the at-fault driver or their insurer to do the right thing. Make sure you have an attorney on your side who has a long track record of success and is willing to fight against big insurance companies. 

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