PA Law on Who Can be Sued in Car Accident
If you have been injured, or if you have lost a loved one, in a Pennsylvania accident then you are likely suffering physically, financially and/or emotionally.While your life has undoubtedly been changed by the accident, you are not without legal options for your recovery.
The first step in your legal and financial recovery should be contacting a car accident lawyer in Pennsylvania. Your Pennsylvania car accident lawyer will investigate the cause of your crash injuries and help you identify the right defendant, or defendants, in your case.
Do You Have an Auto Accident Case?
Each car accident in Pennsylvania is unique. However, some common defendants who may be able to be sued for Pennsylvania accident injuries or fatalities include:
- The driver of the other car, truck, bus, motorcycle or other vehicle that caused the crash because of negligence.
- The owner of the vehicle involved in the accident if the owner was negligent in lending the vehicle to the driver.
- The mechanic who worked on the car and caused a defect that led to the accident.
- The car manufacturer who created a defective vehicle.
- The municipality in which the accident occurred if the design or maintenance of the roads were a factor in the accident.
- The establishment which served alcohol to a drunk driver who later caused a crash.
- The injured person’s own insurance company that is not providing the required settlement pursuant to the injured party’s insurance policy.
Pennsylvania Driving Rules in Regards to Pedestrians
One of the trickiest parts of being a driver is sharing the road with pedestrians. Unlike motor vehicles that can only move in so many directions or fit into so many spaces, pedestrians can be anywhere and Pennsylvania pedestrian accidents are more likely than other types of crashes to result in serious, or fatal, injuries.
In an effort to prevent such accidents and improve Pennsylvania pedestrian safety, Pennsylvania pedestrian laws have been enacted.
Many of these laws apply to the pedestrian, rather than to the motorist, but some important provisions apply to Pennsylvania drivers.
- When there is no traffic signal present, motorists shall yield the right of way to a pedestrian in a marked crosswalk or at an intersection without a marked crosswalk (75 Pa. Code 3542).
- The driver of a vehicle emerging from or entering an alley, building, private road or driveway shall yield the right-of-way to any pedestrian approaching on any sidewalk extending across the alley, building entrance, road or driveway. (75 Pa. Code 3547).
Who is at Fault in a Bicycle – Car Accident in PA?
After a Pennsylvania bicycle car crash it is often easy to see who suffered greater injuries. Typically, it is the bicyclist, who lacked the protective metal, seatbelts, airbags and other safety features of a car, who is most seriously injured in a bicycle car collision.
However, while many people are quick to blame the car driver for a bicycle accident, the severity of injuries is irrelevant in determining liability, or who was at fault for the crash. Instead, liability is dependent on who was following the Pennsylvania rules of the road at the time of the accident.
Pennsylvania traffic accident laws require that bicyclists follow the same rules of the road as drivers of motor vehicles.
If a car driver failed to obey applicable traffic laws then the car driver may be liable for the resulting injuries. Similarly, if it was the bicyclist who failed to obey applicable traffic laws then it is the bicyclist who may be liable for the resulting injuries – even if the most significant of those injuries was to the bicyclist himself.
When are You Required by Law to Call Police in Car Accident in PA
Different cities and townships have different rules about when you are required by law to call the police after acar accident in PA. Generally, it is necessary for you to call 911 if anyone has been injured, or killed, in the crash. It is also necessary to call 911 if there is significant property damage or if the accident has impacted public safety.
Even if an emergency situation is not present, it is important to move your car to the side of the road and to call the nonemergency police number in the city or town where accident occurred. The police department will need to, at a minimum, take a report of the accident. Police can also tell you if an officer needs to be dispatched to the scene to do a full on site investigation.
If you have any doubt about what to do after a car accident then it is important to call 911 and let the dispatcher help you so that you can make sure that you comply with the rules in your jurisdiction.
Finding a Lawyer in Philadelphia that Does Limited Tort Cases
Limited tort cases are not like other types of Pennsylvania car accident cases. Limited tort coverage in PA limits a person’s potential recovery of non-economic damages such as pain and suffering unless the person qualifies for a limited tort exception based on the facts of the case.
Many lawyers choose not to handle limited tort cases because of the potential limited recovery. If you are seeking a lawyer in Philadelphia who handles limited tort cases then it is important to make sure that your lawyer has experience in this specific area of PA car accident law. Our attorneys, for example, are experienced limited tort lawyers and zealously advocate for fair damages for our limited tort clients.
Pennsylvania limited tort law does not necessarily mean that you can’t recover equitable damages for your accident injuries. Have you recovered limited tort damages in your accident? Please leave a comment and let others know how the law worked for you.
Contact Our Car Accident Lawyers Today »
You may have a potential case against one or more of these defendants depending on the facts of your individual case. Please contact an experienced Pennsylvania auto accident lawyer today for more information.