Nobody is protected from a car crash – car collisions can happen at any time and anywhere. What is challenging is deciding who pays for car damages afterward. When involved in a crash, you might wonder, “Who is to be held accountable for the accident?” The truth is, it all depends on the scenario. The laws of the state in which the accident occurred, car crash details, and car insurance policies determine liability in a car crash.
Dealing with auto accident liability can be complicated for someone unfamiliar with personal injury law. This is why facing legal matters alone is not always a good idea. A Philadelphia car accident lawyer will help you every step of the way. Let’s understand car accident liability, when a car owner is at fault, and when a car driver bears full liability.
Understanding Liability Basics in Car Accidents
First, let’s get ourselves familiar with liability basics in car accidents in Philadelphia. Understanding how liability is determined is crucial for anyone involved in a car accident, as it defines the responsible party and decides how compensation is handled. Pennsylvania follows a choice no-fault system, which gives drivers a choice between limited tort and full tort insurance, affecting their ability to sue for damages.
The Concept of Negligence
Negligence is a legal concept that refers to a failure to exercise the care of a reasonably prudent care of that of a similarly situated person that results in loss or injury to another person. A person who fails to demonstrate reasonable care may be found liable for causing harm to others. A driver must operate their vehicle safely, as well as follow traffic rules. If this duty is violated in any way, it means that the driver may have breached the duty of care and could be found negligent per se. Furthermore, in order to prove negligence, it must be clear that this breach of duty directly caused the accident and actual damages and harm to others, which may include medical bills, property damage, lost wages, etc.
Pennsylvania’s Modified Comparative Negligence Rule
In Pennsylvania, fault can be divided among multiple parties according to a modified comparative negligence rule. The injured driver can recover damages from an accident as long as their fault doesn’t exceed 51%. However, any fault attributable to the injured party will decrease the overall compensation of the victim in proportion to their percentage of fault. Thus, if the accident damages are worth $10,000, and the injured party is 20% at fault, then they could potentially recover $8,000 in damages. An injured driver who carries more than 51% responsibility cannot make any claims for compensation. The compensation distribution system operates by giving fair compensation according to each party’s fault percentage while blocking those responsible for most of the incident from using the claim for their benefit.
The Role of Insurance
Since PA is a choice no-fault state, a driver can choose between limited tort and full tort coverage – a choice that impacts the process of seeking compensation after the accident. Limited tort only covers economic damages, and generally, the insured cannot pursue damages for pain and suffering, unless their injury is deemed legally serious. On the other hand, full tort covers both economic and non-economic damages, including pain and suffering, loss of enjoyment of life, etc, regardless of the severity of the injuries.
Vehicle Owner Liability: When Are Owners Responsible?
Although most of the time a vehicle driver is held responsible, there are cases when vehicle owners can be considered liable, too. Below, we will discuss some of the circumstances under which vehicle owners can be held responsible.
Permissive Use and Implied Consent
Following the rule of permissive use and implied consent, vehicle drivers can be responsible for car accidents. If they knowingly let someone else drive their car or even impliedly consented to it, the owner can be liable for the damages caused by the driver. However, if the driver did not have permission or took the car without consent, liability may shift to the driver.
Negligent Entrustment
When a vehicle owner knowingly lets an unfit or reckless driver drive their car, negligent entrustment occurs which shifts liability to the owner. A person can be considered unfit or reckless if they are:
- Unlicensed or underage
- Intoxicated or under the influence
- Known for reckless driving
Employer Liability
When a person is driving for work, their employer may be responsible for an accident. This falls under vicarious liability, meaning a company may be sued for damages caused by an employee driving a company vehicle. For example, if a delivery driver crashes while making a work-related stop, the employer’s insurance may cover the damages.
Driver Liability: When Does Responsibility Fall on the Driver?
Oftentimes, the driver is the primary party held responsible for a car accident. Yet vehicle owners can sometimes be responsible for the accident such as in the above-referenced situations. However, responsibility typically falls on the driver if they were negligent and engaged in an unauthorized use of the vehicle.
Negligent and Reckless Behavior
According to the law, negligence is a failure to exercise reasonable care of a similarly situated individual while driving. If the driver is being reckless, careless, or engaged in other illegal actions and these circumstances directly caused the car accident, the driver may be held responsible. Some of these negligent behaviors include speeding, running red lights, distracted driving, driving under influence (of alcohol or drugs), and more.
Unauthorized Use of the Vehicle
If the driver uses somebody else’s vehicle without the owner’s permission, they can be held liable. There are few basic circumstances in which unauthorized use of the vehicle occurs: the vehicle is stolen, borrowed without permission, or is taken by minors without consent. However, owners can still be deemed responsible if they did not report the vehicle and did not try to prevent unauthorized use of the vehicle properly.
How Can a Lawyer Help You?
Your personal injury lawyer will help you gather evidence and identify the responsible party. They can also take on fighting the insurance company after a car accident. An attorney’s priority is to ensure you receive a fair settlement instead of being pressured into accepting less than you deserve. So, if you’ve just been involved in a car accident, don’t wait too long to reach out to a skilled lawyer.