Other Driver Says I am at Fault! She Hit Me! What Should I Do?
In some cases, liability is clear, for example if you are rear-ended while stopped at a traffic light. But often, each driver will blame the other for causing the crash. Sometimes a police report or an eye-witness will clear up the issue. However, sometimes the police report is not clear or a witness can be mistaken. In some cases, an independent investigation by an expert accident reconstructionist is necessary. It is important to collect all available evidence as soon as possible. Photographs and measurements should be taken before the site changes and the evidence is lost. Witness statements should be recorded before their memories fade or the witnesses become difficult to locate.
In Pennsylvania, you must prove that the party(ies) to blame for the accident is/are at least 50 percent at fault. If you are more to blame than they are, you cannot recover damages. You also have to prove that the other parties’ negligence caused your injuries. The defendant will often claim that the collision was partially the victim’s fault or the injuries are not related to the accident.
It is important to hire a lawyer if you or a family member has been injured in an accident. While there is a two-year Statute of Limitations in Pennsylvania, your rights can best be protected by having an experienced trial lawyer represent you, collect and preserve the evidence, and properly investigate your claims. Don’t assume that your insurance company will do that for you.
Call Naftulin and Shick, P.C. for a free consultation at 1-800-560-3388 or send us an e-mail at [email protected]. We are here to answer your questions and protect your rights.