At-Fault Accidents

Accidents can have serious consequences. Pennsylvania is a “no-fault” state, so your insurance company is required to provide medical benefits to you and your passengers for injuries irrespective of fault. An injured driver can sue an at-fault driver or a driver whose driving conduct causes property damage or injury and pain and suffering. The minimum liability insurance coverage required for bodily injury in Pennsylvania is $15,000, while $30,000 is the total amount that may be paid for bodily injuries to all persons involved in a single accident. To get advice on how to handle an accident in Bucks County, you should discuss your case with experienced attorney John M. Kenney.

PennDOT keeps records and may have a record of your accident, even if it is minor. Insurance companies will assume you are at fault for the accident, unless they are given supporting documentation to show you were not at fault. Therefore, if an accident is not your fault, you should keep supporting documents to prove it was not your fault..

An accident caused by a major violation, such as reckless driving or DUI, or an accident resulting in death or serious injury can affect your insurance rates for a minimum of five years. Even if you don’t have “points” on your license, if you have a moving violation, the insurance company may use it to determine rates for at least three years. You may also be charged with a violation that carries criminal penalties. For example, you can get jail time for a DUI or reckless driving. If you kill someone while driving recklessly, you may be charged with a felony and sentenced to prison.

After an accident, if you know you are at fault, you should cooperate with the officer without admitting fault or liability. You will want to consult with your attorney as soon as possible after the accident or event. If you know for sure that you are not at fault, you can make a full statement to the police officer about what happened and what the other driver did. For example, an aggressive driver who follows too closely and rear-ends you while you are stopped at a red light is likely to be at fault. Your statement to the police in this situation can be used later to establish liability for purposes of recovering compensation for injuries that exceed your no-fault insurance and to prevent your insurance premiums from being increased.

The other driver’s insurer may try to pin the blame on you. For example, the agent may try to elicit facts that suggest the situation was more complicated and that you were partly at fault. In the hypothetical situation described above, the agent may ask you whether you had done anything to provoke the other driver’s rage, or ask if you braked suddenly and unexpectedly at a yellow light rather than a red light. You may feel you are required to cooperate with the other driver’s insurer, but you do not actually have that obligation. The information you give the other insurer can be used against you in the event that a civil suit is brought by the other driver for his or her pain and suffering or injuries beyond the no-fault insurance coverage.

Accidents that result in injuries or death can have very significant criminal, traffic, and civil consequences. Dedicated Levittown / Langhorne traffic violations lawyer John M. Kenney has significant experience in defending clients against both criminal defense matters and traffic violations. For a free consultation, contact him by phone at (215) 547-3031, or by submitting an online inquiry. We serve clients in Bristol, Morrisville, Fairless Hills, Yardley, and Langhorne.