New Castle Car Accident Attorney
Injured in a Collision?
New Castle drivers should know their options for legal recourse following a car accident. If another driver causes property damage or injuries due to negligence, the injured party can seek compensation through a personal injury claim. The New Castle car accident lawyers at Dallas W. Hartman, P.C. Attorneys at Law have extensive experience handling auto accident lawsuits and handling insurance claims for drivers in Lawrence County, so consider the following information and reach out to our firm if you need assistance with your claim.
Proving Negligence in Car Accident Cases
Personal injury law hinges on the concept of negligence. “Negligence” in the legal world refers to an individual’s failing to meet an acceptable duty of care for a given situation. Drivers have a duty of care to follow the rules of the road, obey posted traffic signs and signals, and operate their vehicles safely. Some drivers, such as truck drivers, bus drivers, and commercial vehicle drivers, have a higher duty of care due to the nature of their work and the higher risk of injury posed by the vehicles they drive. If an individual suffers an injury in an car crash or a truck driving accident in New Castle, he or she will need to prove the responsible driver was negligent and that negligence directly resulted in the injured person’s losses. Hiring a reliable and experienced New Castle car accident attorney can make a world of difference when proving negligence.
How Can I Prove Negligence?
Proving negligence requires proving four things in court:
- Duty. The plaintiff must prove the defendant owed the plaintiff a duty of care in the given situation.
- Breach. Next, the plaintiff must demonstrate how the defendant breached or failed to meet this duty of care.
- Causation. The plaintiff can only sue for the direct results of the defendant’s negligence and must therefore prove his or her injuries and other losses were the direct results of the defendant’s negligence and not the results of some other cause.
- Damage or Actual Harm. The plaintiff can only sue if he or she suffered an injury or sustained some type of measurable economic loss.
Insurance Concerns and Damages in Auto Collision Claims
Pennsylvania follows a “choice no-fault” rule for car accidents and insurance claims. Essentially, Pennsylvania drivers have a choice between no-fault insurance and liability insurance. A driver with no-fault insurance will need to file a claim against his or her own insurance policy after an accident, even if someone else caused it. A driver with liability insurance typically has more flexibility when it comes to filing claims. However, drivers with no-fault insurance may still be able to sue a negligent driver if they suffered severe bodily harm or insurance does not cover the full amount of their losses.
Damages in automobile accident lawsuits typically include medical expenses, lost income, pain and suffering, and property damage. An injured driver can sue for his or her hospital bills, the costs of ongoing treatment, and coverage for wages lost after an accident due to inability to work. Additionally, injured drivers may sue for the cost of repairing or replacing a damaged vehicle or other personal property if insurance does not cover these damages. A personal injury lawyer will advise an injured driver about the types of compensation that may be available through a lawsuit.
Why Hire an Accident Lawyer in New Castle?
Although some car accident cases may seem straightforward, insurance concerns and Pennsylvania state laws can make navigating these cases difficult for people with no legal training. Injured drivers in New Castle, PA can visit the Dallas W. Hartman, P.C. Attorneys at Law firm online for more information about the legal services we provide and our track record for success in many types of cases in the area. Injured drivers can also call us at 1-800-777-4081 to schedule a free consultation. It’s important to act quickly after a car accident to secure compensation, so don’t delay in reaching out to us for more information.