Proving the Other Party Was Negligent in Your PI Case

A person commits negligence when they fail to provide the same level of care that a person of reasonable intelligence would use, resulting in harm to another. As the injured party, you must show that it is more “likely than not” (known as the preponderance of the evidence standard) that the other driver caused you harm.

Gathering pertinent evidence can be challenging, demanding the assistance of experienced representation. While it may seem like you can save a few bucks by representing yourself, the trade-off will ultimately cost you thousands of lost dollars. Our personal injury lawyers in Harrisburg understand the components of a PI claim and what evidence is needed to prove negligence.

Components of a PI Claim

Recovering compensation in a Harrisburg personal injury case requires the following to be demonstrated:

Duty of care

Motorists must take reasonable care behind the wheel. This duty extends to all road users.

Breach of duty

Failure to follow traffic regulations, whether through an act or omission, is considered a breach of duty. Examples of this in motor vehicle accidents include running a red light, speeding, failing to yield, driving distracted, and tailgating.

Causation

You must establish the cause-and-effect relationship between the at-fault driver’s actions and your injuries. For example, a driver who runs a red light may T-bone your vehicle, causing you whiplash.

Damages

As a result of the accident, you must have sustained measurable losses. In a PI case, this typically involves lost wages, medical expenses, and infliction of emotional distress. For instance, if you sustained whiplash, you may need several months of physical therapy (which applies to a deductible on most people’s insurance).

If you have reason to believe that the other party acted with reckless disregard for the safety of others (known as willful and wanton conduct), you can request punitive damages. Except for medical malpractice cases (which cap punitive damages at twice the total compensatory damages), Pennsylvania does not have a maximum amount of punitive damages you can recover. However, you must have suffered economic or non-economic damages to collect punitive damages.

Evidence to Prove Negligence

Evidence in a personal injury case is two-fold, primarily focusing on the causal link between a person’s actions and your injuries. In a car accident case, evidence may consist of any of the following:

Police Report

Pennsylvania law requires that you contact law enforcement if a collision results in injuries, fatalities, or more than $1,000 in property damage. The responding police officer will file a report detailing the full names of the drivers involved, identifying information for the vehicles, injuries sustained, property damage, weather conditions, and who the officer believes is at fault.

Video Footage and Photographs

While a photo speaks 1,000 words, video surveillance may speak ten times that, showing the accident unfolding in real time. Videography in a collision may consist of dashcam footage, a surveillance camera, or cell phone footage. Instead of video, accident reconstructionists rely on pictures of vehicle damage and the final resting position following a crash to determine the other party’s role.

Eyewitness Testimony

Ask for their names and contact information if you see any bystanders who witnessed the crash. An eyewitness could provide information lacking in other sources, including whether the bystander heard screeching brakes or erratic driving before the crash. A credible witness on the stand may be necessary to win your case.

Advocacy in the Face of Insurance Delays

The insurance company may use various tactics to avoid paying on your claim, including repeatedly offering low settlements or requesting additional documentation. These attempts to stall the processing of your claim only safeguard the insurer’s wallet. When you work with Mette Law, we act in the face of these delays, documenting every conversation and written communication with a claims adjuster. If the insurance company is unwilling to budge, we do not hesitate to present your case to a jury.

Speak with Our Personal Injury Attorneys Today

Only individuals affected by a personal injury can understand the physical, emotional, and financial ramifications. Your plans may need to be thrown on the back burner, such as exchanging your surfboard for a backboard. Given the devastation one incident can cause, you deserve fair compensation for your sacrifice.

If you or a loved one has recently suffered an injury, our personal injury lawyers in Harrisburg, PA, are here to recover maximum compensation on your claim. To discuss your case, contact Mette Law online or by phone at (717) 232-5000 today.