Being involved in a car accident is stressful enough—being at fault can make the situation even more overwhelming. If you’ve caused a crash in Wilkes-Barre, you might be worried about insurance claims, legal consequences, and how this will impact your finances or driving record. Understanding your rights and responsibilities is crucial in protecting yourself and navigating the aftermath. If you’re unsure what to do next, the experienced Wilkes-Barre car accident attorneys at Munley Law are here to help—contact us today for a free consultation.
What Are the Comparative Negligence Laws in Wilkes-Barre?
Pennsylvania follows comparative negligence laws, which means the plaintiff (the person who claims the car accident) can collect compensation, even if they hold some responsibility for the crash. Many of these cases stem from driver-error accidents, such as speeding or distraction. The percentage of fault determines the share of damages owed—for instance, if you’re 70 percent at fault for $100,000 in damage, you’d owe $70,000.
Pennsylvania’s modified comparative negligence rule bars recovery if a plaintiff is more than 50 percent at fault. Thus, if the other driver is 51 percent to blame, they cannot pursue a claim against you.
A Munley Law car accident attorney will work to show you share less fault, ensuring you receive any compensation you’re entitled to rather than shouldering the entire loss yourself.
Who Determines Fault in a Wilkes-Barre Car Accident Claim?
Several parties play a role in assigning fault:
The Police
Always call 911 first. Officers will secure the scene, interview witnesses, inspect vehicle damage, and prepare an official accident report, including their professional opinion on responsibility—especially in instances of reckless driving in Wilkes-Barre lawsuits.
Insurance Companies
Pennsylvania’s no-fault system means your own insurer covers your medical bills regardless of fault, but adjusters will still investigate shared-fault scenarios. Each side’s adjuster will review the police report, interview parties, assess witness statements, and examine physical evidence. They often scrutinize distracted driving accidents closely.
Having Munley Law handle all insurer communications prevents you from inadvertently admitting fault or accepting a lowball offer.
Pennsylvania Courts
If the matter proceeds to litigation, judges and juries will weigh the evidence—police reports, expert testimony, accident reconstruction, photos, and witness accounts—to allocate fault. In wrongful-death scenarios, families may file a wrongful-death lawsuit. If you are sued, call Munley Law immediately for representation.
What Should I Do After a Car Accident in Wilkes-Barre to Protect My Claim?
- If safe, move your vehicle off the roadway.
- Call 911—insist on a report even if the other driver discourages you.
- Seek medical attention immediately, particularly for work-related accidents. Hidden injuries (e.g., internal bleeding) can manifest later.
- Document the scene: photos/videos of vehicle damage, road conditions, and injuries. Exchange:
- License plate numbers
- Names and contact details
- Insurance information
- Exact location
- Remain at the scene until officers advise you may leave.
- Do not admit fault—to police, witnesses, or insurers.
- Contact Munley Law to engage expert witnesses, accident reconstructionists, and personal injury specialists who will build your defense and negotiate on your behalf.
Work with Our Experienced Wilkes-Barre Car Accident Lawyer Today
If you’ve been injured or are facing a claim after causing an accident, reach out to the car accident attorneys at Munley Law. With over 60 years serving Northeastern Pennsylvania, we’ll fight to protect your rights and secure the compensation you need. Contact us today for a no-obligation consultation.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
