After a crash, one of the first things you hear is who was “at fault,” and it can feel like a verdict before anyone has looked at the facts. You don’t have to prove it all on your own, and you don’t have to accept the other driver’s version of events. Philly Injury Lawyer helps people across Philadelphia gather the evidence and push back when insurers point the finger the wrong way. Your consultation is free, and you pay nothing unless we win.
When Does Fault Matter in Pennsylvania?
Pennsylvania is a “choice no-fault” state. Your own auto policy pays your first medical bills and some lost wages no matter who caused the crash. Fault matters when you want more than those benefits, such as payment for larger medical bills, lost income and pain and suffering from the at-fault driver’s insurance. If you chose limited tort, you may also need to show a serious injury to recover pain and suffering.
What You Need to Show
A car accident claim is a negligence claim. You must show that:
- The other driver owed you a duty to drive safely.
- They broke that duty, for example by speeding, texting or running a light.
- Their carelessness caused the crash.
- You were injured or suffered losses as a result.
Evidence That Proves Fault
- Photos and video of the vehicles, skid marks, debris, traffic signals and the road
- Witness statements from people with no stake in the outcome
- Video footage from dash cameras, nearby businesses, homes, SEPTA vehicles and traffic cameras. Much of it is erased within days or weeks. See why a dashcam helps
- Vehicle data from event data recorders that capture speed and braking just before impact
- Phone records that show a driver was texting or calling. See how to prove a driver was distracted
- Damage patterns that show how the vehicles hit, often analyzed by an accident reconstruction expert
- Your medical records, which link your injuries to the crash
What About the Police Report?
The police crash report is useful because it records names, insurance, witnesses and the officer’s observations, and insurers rely on it. But in Pennsylvania, the report itself generally can’t be used as evidence at a civil trial. Your case still needs independent proof. See do I need to call the police after an accident.
Traffic Laws Often Decide Fault
When a driver breaks a rule of the road and causes a crash, that violation is strong evidence of carelessness. Common examples include:
- Following too closely. In most rear-end crashes the rear driver is found at fault.
- Failing to yield when turning left
- Running a red light or a stop sign. See intersection accidents
- Driving too fast for conditions
- Drunk or drugged driving. See drunk driving accidents
What If You Were Partly at Fault?
Pennsylvania uses modified comparative negligence. You can recover as long as your share of fault is not more than the other driver’s, meaning 50% or less, and your award is reduced by your share.
Example: if your damages are $100,000 and you are found 20% at fault for not signaling, you would recover $80,000. If you were found 51% at fault, you would recover nothing from the other driver.
Insurance adjusters know this rule and often try to shift blame onto you, so be careful what you say.
Mistakes That Can Hurt Your Case
- Apologizing or guessing about what happened at the scene. Stick to the facts.
- Giving a recorded statement to the other driver’s insurer before talking to a lawyer.
- Posting about the crash on social media.
- Waiting to collect evidence. Video and witness memories fade quickly.
- Repairing or scrapping your car before it has been photographed and inspected.
Proving Fault FAQ
The insurance companies make their own fault decisions when handling a claim. If the case goes to court, a judge, jury or arbitration panel decides fault based on the evidence, and each driver’s share is set as a percentage.
Yes, as long as you were not more than 50% at fault. Pennsylvania’s comparative negligence rule reduces your compensation by your share of fault.
A ticket can help show the other driver broke a traffic law, but it does not decide your injury claim by itself. Your case is built on the evidence of what happened, such as photos, witnesses, video and vehicle damage.
Talk to a Philadelphia Injury Lawyer
If you were hurt in a car accident and the other driver is denying fault, you don’t have to sort out the rules on your own. Philly Injury Lawyer will review what happened, explain your options and handle the deadlines for you.
Call (215) 735-4800 for a free consultation. You pay nothing unless we win. We Win or It’s Free®.
Pennsylvania Law in Plain English
You prove fault by showing that the other driver was careless and that this carelessness caused the crash. Evidence includes photos, witness statements, video, vehicle data and traffic-law violations.
Under Pennsylvania’s comparative negligence rule, you can still recover compensation if you were not more than 50% at fault, and your award is reduced by your share of the blame.
In most injury cases, you have two years from the date of the crash to file a lawsuit. If a government vehicle, such as a SEPTA bus or a city truck, was involved, you generally must give written notice within six months.
