Car accidents are overwhelming, and determining fault in the aftermath can be complex. In Pennsylvania, a state that follows a comparative negligence system, the question of whether you can file a lawsuit for injuries received in a car accident while speeding hinges on several factors. Understanding the state's legal framework, fault considerations, and potential outcomes can help clarify your rights.
Pennsylvania's Comparative Negligence Law
Pennsylvania follows a modified comparative negligence rule, which means that you can recover damages for a car accident as long as you are not more than 50% at fault for the incident. However, your recovery will be lowered by your percentage of fault.
For example:
- If you are found 20% at fault for speeding during an accident, and the total damages amount to $50,000, your compensation will be reduced by 20%, leaving you with $40,000.
- If you are found 51% or more at fault, you are not able to recover any compensation.
This framework allows speeding drivers to file lawsuits, but their compensation depends heavily on how fault is apportioned between the parties involved.
How Speeding Affects Fault Determination
Speeding can be a significant factor in determining liability, but it does not automatically mean you are entirely at fault for the accident. The court or insurance adjusters will evaluate various factors, such as:
- The degree of your speeding: Driving slightly over the speed limit may be viewed less harshly than driving at an excessively high speed.
- The behavior of the other driver: If the other driver ran a red light, was driving distracted, or failed to yield, they could share a larger portion of the fault.
- Road and weather conditions: Factors like poor visibility, slippery roads, or improper signage may mitigate your responsibility.
By examining these elements, legal and insurance professionals assign percentages of fault, which directly impact your ability to recover damages.
Key Steps to Take After a Car Accident
If you were speeding during an accident but believe another party shares fault, taking the right steps can strengthen your case:
- Gather Evidence:
- Take photos of the accident scene, damage to vehicles, and any road conditions that may have contributed to the crash.
- Get the contact information from witnesses who can testify about the events that led to the accident.
- Report the Accident:
- File a police report and be honest about your speed. The police report will often play a role in determining fault.
- Seek Medical Attention:
- Prompt medical care not only ensures your well-being but also creates a record linking your injuries to the accident.
- Consult a Lawyer:
- A car accident attorney will assess your case, help gather evidence, and negotiate with insurance companies on your behalf.
Examples of Scenarios Where Speeding Drivers May File Successful Claims
Even if you were speeding, you might still have a valid claim, it will depend on the circumstances:
Rear-End Collisions:
If another driver was tailgating you or you did not maintain a safe following distance, they may be found primarily at fault.
Intersection Accidents:
If another driver ignored a stop sign or red light, their actions may outweigh your speeding in determining liability.
Multi-Car Pileups:
In accidents involving multiple vehicles, fault is often shared among several drivers. Speeding may only play a minor role compared to other factors.
By presenting evidence of the other party's negligence, you can improve your chances of recovering damages.
Damages You May Recover
If you are found partially at fault but still within the allowable threshold, you may recover damages such as:
- Medical Expenses: Costs for hospital visits, surgeries, medications, and ongoing rehabilitation.
- Lost Income: Compensation for lost earnings due to time off work.
- Property Damage: Repairs or replacement of your personal property or vehicle that was damaged in the accident.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress.
It's essential to document every expense and all losses related to the accident to maximize your recovery.
Pennsylvania's Statute of Limitations
Under Pennsylvania law, you generally have two years from the date of the accident to file a lawsuit for personal injury. If you fail to meet this deadline, you may lose your right to seek compensation. Consulting a lawyer as soon as possible ensures that you comply with legal timelines and build a strong case.
Why Legal Representation Matters
Navigating a car accident claim while admitting to speeding requires a strategic approach. An experienced personal injury attorney can:
Evaluate Fault:
Analyze police reports, witness statements, and accident reconstruction reports to minimize your share of fault.
Negotiate With Insurers:
Insurance companies often attempt to assign higher fault percentages to reduce payouts. A lawyer can advocate for a fair allocation of responsibility.
Pursue Litigation If Necessary:
If negotiations fail, your attorney can take the case to court to fight for the compensation you deserve.
Conclusion
While speeding can complicate a car accident case in Pennsylvania, it does not automatically bar you from seeking compensation. By understanding the state's comparative negligence system, taking appropriate steps after the accident, and enlisting legal help, you will protect your rights and pursue fair compensation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Pennsylvania car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.