Car Collisions
Car Collisions
A car crash can be a devastating event, one that changes multiple lives. The path to compensation shouldn’t add to your anxiety.
What’s worse, Pennsylvania’s car collision laws can be particularly confusing. After a crash, many people don’t know what type of compensation they’re eligible for, or how to claim it. Our state follows a choice no-fault system—but what does this mean? We offer a brief explanation here, but can go into more detail when you come in for a free consultation.
At O’Donnell Law Offices, we’re here to help you get back on your feet and make the process as smooth as possible.
Road Negligence
To make sure you’re eligible for compensation, it’s important for us to prove that the other driver was negligent. Examples of negligent behavior on the road include:
- Distracted driving
- Drunk driving
- Speeding
- Reckless driving
- Aggressive driving
Poor weather conditions are often a contributing factor to collisions as well.
Full and Limited Tort in Pennsylvania
Across the country, there are a few different systems that determine the penalties and possible compensation available after a car collision.
Many states operate according to a fault-based (“tort”) system, where the driver who caused the collision (usually by being negligent) is held responsible. Other states use a no-fault system, meaning the driver files a claim with their own insurance company regardless of who caused the collision.
In Pennsylvania, however, drivers can choose between “full” or “limited” tort when they’re buying car insurance. This is the difference between no-fault and fault-based liability.
Many drivers choose the limited tort option because it’s less expensive than full tort. In most cases, with limited tort insurance, you can’t sue the responsible driver for pain and suffering, although you can claim compensation for your medical expenses. There is an exception in extreme cases if you’ve suffered a permanent impairment or disability.
The full tort option, although a bit more costly, allows you to claim compensation for all injuries and losses, including pain and suffering.
When you come in to speak with us, we’ll go over your insurance and help you understand what you’re eligible for when you make your claim.
Statute of Limitations
After a car crash, victims only have a certain amount of time to file their claim—in Pennsylvania, it’s two years. This time limit is known as the statute of limitations.
Though two years sounds like a lot of time, the preparation of a claim can be a lengthy process. It’s important to reach out to an attorney and get the ball rolling as soon as possible. Before we can file a claim for you, we’ll gather evidence to determine who’s at fault. We may collect medical records, or reach out to eyewitnesses and experts.
Make sure to give yourself the best chance at compensation by contacting us early.
We’re Here to Support You
If you’ve been injured in a car collision, covering your losses should be as stress-free and simple as possible. Let us be your guide and your evidence-gathering team. Call us today at (570) 821-5717 to schedule a free consultation.