Pennsylvania – November 22, 2021
Certain moving violations that are considered reckless may result in speeding tickets in Pennsylvania. These infractions of the law may not result in criminal charges, and have the potential for a fine without jail time. However, if speeding, or reckless driving leads to an accident, especially one with extensive property damage, catastrophic injury, or death, it may carry stricter penalties and criminal charges that could include jail time. In both cases, a ticket for speeding, or reckless driving may stay on your driver’s record and cause increases to your motor vehicle insurance coverages. Speeding and reckless driving infractions could be considered negligent activity and may impact the way damages are calculated for recovery of a victim’s losses. If you have been injured in an accident because someone was speeding, or driving recklessly, talk to an experienced accident attorney for guidance on insurance claims processing and potential legal action toward damage recovery.
Pennsylvania injury lawyers will build a strong case to prove negligence by sending investigators to the accident scene; reviewing police and medical reports; interviewing witnesses; hiring financial experts to make loss valuations; determining preliminary accident causes; and drafting and filing complicated insurance and legal documents. This will help expedite insurance settlements, or court action.
Damage awards requested for economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, include pain and suffering, loss of consortium, or companionship are commonly requested. There are times when the loss is caused by egregious acts, and punitive damages meant to punish the person who caused harm are also requested. Monetary awards in Pennsylvania have no cap on most damages, but there is a cap of $500,000 against local government claims, and a $250,000 limit on claims against the State
Statute of limitations.
Pennsylvania’s statute of limitations gives an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. An accident attorney can apprise individuals of any deviations from that timeline.
Insurance and reporting.
In Pennsylvania, an accident report must be filed with the Pennsylvania Department of Public Safety within five days from the mishap if collisions result in death, injury, or significant property damage. Personal injury attorneys can explain Pennsylvania’s “modified comparative negligence” rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, but a plaintiff can only seek damages from the defendant if they are less than 51 percent at fault. Accident lawyers have the burden to prove that an individual, or entity was negligent, caused the injury named in the lawsuit to an accident victim, and owed them a duty of care. If a criminal component exists, or an infraction of the law that is revealed in the police report, that component may positively influence a civil case outcome for the accident victim.
Hire legal counsel.
Contact an experienced accident attorney for a consultation, as they can research specific case facts and interpret accident reports, and utilize state, and federal law to support a case’s best outcome toward the compensation of damages. Scanlon & Wojton will fight for an accident victim’s rights to a positive case outcome.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219
Phone: (412) 918-1241
Fax: (412) 235-7275