Car Accidents Lawyer in Pennsylvania

A variety of factors can contribute to car accidents, including inclement weather, unsafe roads, inadequate lighting, and defective vehicles. Most car accidents, though, are caused to a large degree by careless driving. Therefore, in most lawsuits arising out of car accidents, the plaintiff will allege that the defendant acted negligently. Under Pennsylvania law, to recover damages under a theory of negligence, a plaintiff must establish that the defendant owed the plaintiff a duty and that the defendant acted in a manner that constituted a breach of the duty. Generally, the duty owed is the duty to act with reasonable care under the circumstances that existed at the time of the accident. In addition to establishing a breach of a duty, the plaintiff and a car accident attorney in the Scranton area must show that the breach proximately caused the plaintiff to suffer actual damages. In other words, the plaintiff must prove that he or she would not have been harmed if the defendant had not breached the duty.

In many car accident lawsuits, the defendant will argue that the plaintiff caused the accident, and thus the plaintiff should not be permitted to recover damages. As a result, evidence regarding the manner in which the accident occurred, including police reports, eyewitness statements, surveillance videos, photos, and accident reconstruction reports, is critical to establishing the defendant’s liability. Under Pennsylvania law, however, a plaintiff who is attributed some degree of fault for his or her own harm may still be awarded damages, as long as the plaintiff’s fault is not greater than the fault of the defendant.