If you have been injured in a car accident involving another vehicle, you have a lot of things on your plate. In addition to the physical recovery process, you have to deal with the emotional trauma and mental and physical pain and suffering caused by the accident. On top of that, you may be unable to work following the accident, leaving you wondering how to support your family and pay your medical bills.
By filing a personal injury lawsuit against the person or persons responsible for your accident, you can recover damages to cover your medical expenses, lost wages, and other expenses relating to your injuries and damages.
Asserting negligence claims against other drivers
All drivers owe a duty to other motorists, bicyclists, and pedestrians to operate their vehicles safely and to obey all traffic laws. Any breach of this duty is considered negligence. Negligent driving may include:
- Driving at an excessive rate of speed
- Failing to pay attention
- Failing to yield the right-of-way
- Unsafely changing lanes or merging
- Failing to stop at a stop sign/red light
- Using a cell phone while driving or driving while distracted
- Drunk driving
If the other driver’s negligence caused the accident and your injuries, the other driver may owe you damages.
What if I was also negligent?
In many cases, both drivers were negligent, and therefore, both drivers were partially responsible for the accident. Fortunately, you can still recover damages in Pennsylvania if you were partially responsible for the accident, as long as you were less than 51 percent at fault. Any damages you recover will also be reduced based on the percentage of fault attributed to you by the jury. For example, a driver who is 25 percent negligent, will only recover 75 percent of the damages awarded to him or her.
Filing a lawsuit after a car accident can be complicated, particularly for victims with severe injuries and damages. A personal injury attorney can handle every step of your case and give you the best chance to recover financial compensation.