Scranton Car Accident Lawyer

Auto accidents are one of the leading causes of death and injury in the United States, according to data from the Centers for Disease Control and Prevention(CDC). The Pennsylvania Department of Transportation reports that car accidents throughout the state are increasing:

• In 2013, there were 124,149 total car crashes. In 2015, that number rose to 127,127.
• Crashes resulting in injury have remained constant at around 59,000.
• Crash fatalities have also remained constant, with around 1,000 people losing their lives in Pennsylvania car crashes each year.

Statistically speaking, if you haven’t already been involved in a car accident, you likely will at some point in your life.

Determining Fault in Auto Accidents

It can be difficult to ascertain who is at fault at the site of an accident. When the police report to the scene of an accident their main priority is making sure everyone is safe. Insurance, on the other hand, is committed to determining the percentage of fault that should be applied to each driver.

Pennsylvania is a “choice no-fault state,” meaning you have the option of pursuing a personal injury claim above and beyond what your insurance will cover, assuming the other driver was at fault. If you elect this option, you also open yourself to a lawsuit if you’re at fault. You may also elect to have no-fault insurance, in which you file a claim with your insurance for damages, regardless of who is at fault for the accident. In these cases, you may only file a lawsuit against another driver if your injuries are severe enough. Fault can be subjective, and this makes the lawsuit filing process confusing for many Pennsylvania residents.

How Car Accident Investigations Work

It’s standard operating procedure for the police to investigate an accident and file a report, in which they will give their verdict of fault. Your insurance company will do the same. If you’ve been injured in a car accident, one of the best things you can do for your case is contact a personal injury attorney immediately. An attorney will act in your best interest – we can’t promise that your insurance company will do the same.

• To determine fault, we’ll look at police reports, insurance reports, and eyewitness testimony and create a timeline of the accident.
• We’ll also investigate other factors that may have been at play, like substance abuse, distracted driving, or negligent vehicle operation.
• We’ll contact the insurance companies. Sometimes, the threat of legal action is enough to get insurance companies to take your claim more seriously.

Recovering Damages and Shared Fault

Generally, you can receive two types of compensation for your injuries:

• Special, or economic damages, are meant to cover medical bills, lost wages, and other long-term expenses associated with your recovery.
• General damages are intended to provide compensation for intangible losses such as pain, suffering, or loss of partnership (in the case of wrongful death).

But what happens if you share the fault for the accident? In Pennsylvania, you’re legally allowed to pursue a claim as long as the other driver shares the majority of fault. Your percentage of fault is simply deducted from your claim. For example, if you were determined to be 30% at fault for an accident, and won a $100,000 lawsuit, you would collect $70,000.

Finding a Car Accident Attorney in Scranton

Pennsylvania’s auto accident rules can be confusing, so it’s best to consult with an experienced attorney to discuss your options. To schedule your free initial consultation, contact Rosenbaum & Associates. We will point you in the right direction and remain your advocate throughout the claims and civil suit process.