Side-impact car accidents happen when one vehicle collides with the side panel of the other. Because the side panels are the least-reinforced and weakest part of a vehicle, a side-impact crash could cause significant injuries.
A well-practiced auto collision attorney could help you collect damages if you suffered injuries in a side-impact car accident in Johnstown. Your dedicated lawyer could review your legal options and begin the process of holding the at-fault driver responsible for your injuries.
All drivers in the Commonwealth must carry Personal Injury Protection (PIP). When a crash causes losses, the PIP coverage pays for medical treatment up to the policy limits. If an accident victim’s medical bills exceed the policy limits, your health insurance then pays those bills – subject to copays and deductibles. You can pursue a claim against the at-fault driver to recover any additional bills which are not covered by insurance, any copays or out-of-pocket expenses, and to recover any liens that a health insurance company asserts – seeking reimbursement for bills it has paid, under a theory called subrogation.
Pennsylvania drivers must choose between limited tort coverage and full tort coverage. Drivers with limited tort coverage can sue an at-fault driver for their out-of-pocket expenses and other economic damages, but cannot seek compensation for their pain and suffering. In contrast, drivers with full tort can turn to the courts seeking compensation for the full-extent of their losses, not just out-of-pocket costs.
However, the law contains some exceptions that allow a driver to be exempt from the limited tort election in certain circumstances. A diligent Johnstown sideswipe accident attorney could review a specific case to determine whether limited tort restricts an injured person’s recovery options.
A side-impact collision could happen if a driver runs through a stop sign, tries to beat a light, or turns into the path of oncoming traffic. A side-impact crash might also occur if a driver fails to see an oncoming driver when pulling out of a parking space, driveway, or parking lot.
Sideswipes are another form of a side-impact accident. These accidents happen most often when a vehicle merges into the path of another or changes lanes without giving adequate space to a vehicle in its blind spot.
A proactive lawyer in Johnstown could review police reports, witness statements, and physical evidence to determine what led to a specific side-impact wreck. In most cases, one or more parties were negligent. When a legal professional can prove negligence, the negligent party could be held financially responsible for the injured party’s losses.
Multiple parties could be responsible for a side-impact accident. Usually, one of the drivers was negligent and at-fault. In many cases, both drivers acted negligently, and each could have partial responsibility. The Commonwealth follows the modified comparative negligence doctrine allowing negligent parties to collect damages from other negligent parties if they were not primarily at fault.
A manufacturer might be liable if a mechanical failure contributed to the wreck.
Sometimes sideswipe crashes happen because of road safety issues. In such cases, a local government might be responsible for an injured person’s damages. A local government could be liable if the collision happened because of a:
If a local government is potentially liable, it is critical to seek legal advice immediately. 42 P.S. §5522 requires anyone seeking to hold a local government responsible for personal injuries to notify it of the claim within six months of the incident that caused the injury. A side-impact car accident lawyer in Johnstown could ensure that the appropriate government office receives timely notice of the injured person’s claim.
Securing appropriate compensation after a motor vehicle collision in the Commonwealth can be challenging. The laws are complex, and an injured motorist is at a disadvantage without a capable attorney.
If you sustained injuries in a side-impact car accident in Johnstown, reach out to a local legal professional right away. One of the skilled lawyers at Marcus & Mack could review your case, identify potentially liable parties, and help ensure you receive the maximum settlement available under the circumstances. Call now.
