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How do you determine fault in a car or motorcycle accident in Pennsylvania?

Phil Blackman-Pennsylvania New Jersey Personal Injury LawyerPublished on behalf of Philip Blackman, an experienced personal injury lawyer who has devoted his entire career to helping individuals and families who have been injured due to medical malpractice, car accidents, fall accidents and more. FREE Consultations: 215.925.4451

A: Determining fault in a car/motorcycle accident case may be complicated.  In some car/motorcycle accident cases, fault is a relatively simple determination. For example, in a DUI case, the driver who caused the accident due to driving while drunk or under the influence of drugs will be at fault. Also, in a rear-end accident case, fault is usually clear.

However, there are some circumstances in which fault is not clear, especially in cases where fault is apportioned or split between the parties. In other words, there are some cases where both parties will bear some liability for causing the accident.

A common scenario in which fault may be apportioned is when a car or motorcycle enters an intersection and strikes another driver who was speeding. Fault may be apportioned 50-50 in this scenario; half to the driver entering the intersection and half to the driver who was speeding. Read more about fault in a Pennsylvania car/motorcycle accident case.

Many factors must be weighed when considering fault, such as experience level of the driver, weather conditions, etc. In some cases, a car or motorcycle defect may have contributed to the accident and in which case, there may be a viable products liability case in addition to the car accident case.

If you have been in a car or motorcycle accident case in Pennsylvania, you should have the case evaluated by a car and motorcycle accident lawyer who will conduct an investigation and determine fault.

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*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

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