In the wake of a car crash, comparative negligence come into play to determine fault. In Pennsylvania, if a person who wants to bring a claim is 50 percent or less at fault for their accident, they may be able to recover compensation for their injuries and damage. However, if an injured party is found to be more than 50 percent at fault for the accident that lead to their injuries, they will be barred from recovering any financial compensation. After a car accident an investigation is undertaken to determine who was at fault, sometimes a percentage of blame is assigned by an auto insurer, but this is not the final say on the matter. A Montgomery County, Pennsylvania car accident lawyer can help with the investigation and present your case for placing fault on the other driver.
If you have been injured in a car accident, it may be wise to consult a local attorney about comparative negligence in Montgomery County, Pennsylvania car accident cases. You may be eligible to collect financial compensation for damages such as medical bills, lost wages from missed work, pain, and suffering.
Collecting Damages from Multiple Parties
When there is more than one tortfeasor in a Montgomery County, PA car accident case, comparative negligence doctrine dictates that each defendant party pays an amount of compensation to the plaintiff proportionate to their degree of fault. However, if a party is 60 percent or more at fault, the plaintiff could collect all of their damages from that party.
Any injury claim in the state of Pennsylvania is governed by comparative negligence doctrine. Whether it is a slip and fall case or medical malpractice, the victim must be less than 50 percent at fault to recover compensation, and these damages will be proportionally split between all parties that are partially responsible for the accident, unless one party is 60 percent at fault. By understanding comparative negligence in Montgomery County car accident cases, an injured party may be better able to build a strong case.
Unique Aspects of Montgomery County Auto Wreck Cases
Car accident claims are handled in several unique ways in Montgomery County. Montgomery County’s seat is in Norristown, Pennsylvania, and the courthouse is there. The courthouse is there. Because there are a lot of small towns in Montgomery County, car crashes are often handled and documented by local law enforcement, but on some of the highways and byways in the County, the first responders will be state police.
Another factor after an accident in Montgomery County is surveillance. If experienced attorneys are involved early in the process, there are many times they are able to send out investigators to see if there is any surveillance from the area or video evidence. In many Montgomery County cases, comparative negligence can only be applied and fault assigned by collecting evidence early in a case and securing accurate witness statements before they forget any detail they saw. Doing so without the help of an attorney may be difficult, and important details may be missed.
A Lawyer Could Help Explain Negligence Doctrine
Getting a personal injury lawyer involved in the process early is usually the best bet to be able to recover in Montgomery County, Pennsylvania. Understanding comparative negligence in Montgomery County car accident cases is an essential step in protecting your right to make a claim for damages, and determining what that claim might be worth. To learn more about your rights and how fault might be split up after your car crash, call a dedicated local attorney today for a consultation.