Car Accident
Greg Prosmushkin
Sep 14, 2022

What are my rights in a car accident?

Car accidents are becoming more and more common in the United States every year. Being in a car accident can be overwhelming and scary, and if you are not prepared for what to do next, it can be easy to make a mistake that could cost you dearly later on. It is important that you know your rights if you are involved in a car accident, so that you can protect yourself and your interests. 

A Philadelphia car accident lawyer may be your strongest ally and fight for your rights in the best possible manner to get you the compensation you deserve.

There are many considerations to take into account after a car crash and there is limited time to act, so it is important to be prepared. There are time limits to filing a personal injury claim after a car crash, so it is important to know what the statute of limitation is in your state. Filing your claim in time will allow you to seek compensation for your damages.

Checklist of steps that must be taken to safeguard your legal rights

The car accident victim rights suggest that an injured victim has the right to click pictures of the accident scene along with other damages done to the car or other property. Some of the fundamental things that you must note to protect your legal rights are discussed as follows:

  • Try to move yourself and your vehicle to a safe location, if possible.

If you are in a car accident and it happens that your car is blocking the road, try to move it to the side of the road, if you can do so safely. It will be easier for the police and ambulance to get to the scene of the accident if your car is not blocking the road. If you cannot move your vehicle, turn on your hazard lights to warn other drivers. If it is not possible, or safe, do not try to do so.

  • Seek medical attention.

You should always seek medical attention after a car accident, even if you do not think you are injured. It is not always immediately apparent that you have been injured in an accident. Some injuries, such as whiplash, may not present themselves until hours or even days after the accident occurred. If you wait too long to seek medical treatment, it may be more difficult to prove that your injuries were caused by the car accident. In addition, if you delay in seeking medical treatment, the insurance company may try to argue that your injuries are not as serious as you claim.

  • Report the accident to the authorities.

You should always report the accident to the police, even if it is a minor fender bender. The police will create a report of the accident, which can be used as evidence later on. In addition, the police may issue citations, which can also be used as evidence in your case.

  • Get contact information from the other driver.

Make sure you get the contact information from the other driver, including their name, phone number, address, and insurance information. You may also want to note the type of vehicle they were driving and their license plate number. You will need this information when you file a claim.

  • Get witness information

If there are any witnesses to the accident, make sure you get their names and contact information. Their testimony may be important later on. It can be critical in proving what happened in the accident.

  • Document the accident scene

The car accident victim rights suggest that an injured victim has the right to take pictures of the accident scene along with other damages done to the car or other property. This will help to establish how the accident happened and who was at fault.

If there are any skid marks on the road or other property damage, take pictures of those as well. This documentation can be important later on. It can be used as evidence to protect your car accident rights.

You should take note of every detail surrounding the accident while it is still fresh in your mind. Note the time and date of the accident, the road conditions, the weather, and anything else that may be relevant. All of these details can be important in proving your case.

Comparative Negligence in Pennsylvania

As per the Pennsylvania General Assembly Statute section 7102, the state follows the doctrine of comparative negligence. What this means is that if you are partly to blame for an accident, your compensation may be reduced by an amount that is equal to your percentage of fault. For example, if you are found to be 20 percent at fault for an accident, any damages you are awarded will be reduced by 20 percent.

How can a legal professional help you fight for your rights?

The aftermath of a car accident can be overwhelming, especially if you are injured. A lawyer can help you navigate the legal process and protect your rights. They can help you understand your options and make sure you are getting the full compensation you deserve.

A legal professional can also deal with the insurance companies on your behalf. Insurance companies are often more interested in their bottom line than they are in protecting your rights. An attorney will fight to get you the full compensation you are entitled to.

If you have been injured in a car accident, contact an experienced Philadelphia Car Accident Lawyer today.