Car accidents often lead to a whirlwind of legal, financial, and emotional challenges. In Pennsylvania, a driver who was speeding at the time of an accident may wonder if they can still go after compensation for their injuries. Although speeding violates traffic laws and may add complexity to your case, it does not automatically take away your ability to file a lawsuit. Pennsylvania's comparative negligence laws play a significant role in determining whether you can seek compensation, and understanding how these laws apply is essential.

Pennsylvania's Comparative Negligence Rule

Pennsylvania operates under a modified comparative negligence system, which can affect your ability to recover damages after an accident. Under this system, the amount of compensation you can recover is tied directly to your level of fault in the accident. The key aspects of this law include:

• 51% Bar Rule: If you are found to be more than 50% at fault for the accident, you cannot recover any compensation.
• Proportional Recovery: If you are 50% or less at fault, you can still recover damages, but the amount will be reduced in proportion to your degree of fault.

For instance, if the court finds you 30% at fault for the accident because of speeding and your total damages are $100,000, you would still be entitled to receive $70,000.

The law is designed to ensure that people can still seek compensation even if they played a role in the accident, as long as their contribution to the crash is not the majority cause.

Speeding and Liability in Car Accident Lawsuits

Speeding can complicate your case, but it doesn't necessarily bar you from filing a lawsuit. Pennsylvania courts will consider several factors when determining fault, including:

• Speed at the Time of the Accident: The higher your speed, the more likely it is that you will bear a significant portion of the blame. If you were just slightly over the limit, your level of fault might be lower.
• Other Factors: Courts will also look at the behavior of other drivers, road conditions, and whether the other driver was engaged in any illegal or dangerous behavior, such as distracted driving or running a red light.

In many cases, speeding may be just one factor in the accident. If the other driver was more at fault, you may still be able to recover significant damages, even if you were speeding.

Filing a Lawsuit After a Car Accident Involving Speeding

If you've been injured in a car accident and were speeding, the first step in determining whether you can file a lawsuit is to evaluate the specifics of your case. To improve your chances of recovering compensation, consider the following steps:

1. Gather Evidence: Strong evidence is vital to building a case. This includes accident reports, witness statements, traffic camera footage, and any data from your vehicle's onboard systems that can provide details about the accident. Evidence of the other driver's fault can reduce your liability.
2. Hire a Personal Injury Attorney: An experienced Pennsylvania personal injury lawyer can help evaluate the facts and build a strong case on your behalf. They will work with experts to reconstruct the accident and present the evidence that minimizes your fault.
3. Medical Documentation: Proper medical records of your injuries is important. Even if you were speeding, proving the seriousness of your injuries and the medical costs associated with them can increase the potential compensation in your case.
4. Understand Insurance Claims: Before pursuing a lawsuit, you may also want to explore insurance claims. Pennsylvania is a choice no-fault state. Meaning that drivers have the option to choose between no-fault or fault-based insurance policies. In a no-fault (limited tort) policy, your ability to sue is limited unless the injuries meet certain severe thresholds. If you opt for at-fault coverage (full tort), you can sue the at-fault driver for all damages, including pain and suffering, without restrictions.

Conclusion

In Pennsylvania, you retain the right to file a lawsuit for injuries sustained in a car accident, even if speeding was a factor. The outcome of your case, however, will largely depend on how much fault is assigned to you. If you're found to be 50% or less at fault for the accident, you can still recover damages, but the amount will be lowered based on your percentage of fault. Successfully pursuing a claim in such cases requires an attorney well-versed in Pennsylvania's comparative negligence laws. With the proper legal guidance, thorough documentation, and strong evidence, you can improve your chances of compensation that reflects the true extent of your injuries.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania car accidents can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.