The sound of screeching tires and shattering glass is a violent interruption to the everyday rhythm of life. In the seconds before impact, you are a commuter, a parent, a person heading to an appointment.
In the seconds after, you are a victim, thrust into a disorienting new reality of physical pain, financial stress, and legal questions you never expected to face. It happens that fast.
The other driver’s insurance company will call you quickly, acting with a sense of urgency and concern. This initial contact is a calculated business strategy. While you are still trying to process what happened, they are already working to protect their bottom line.
Securing a Pittsburgh car accident lawyer is the first step in protecting your own.
Pittsburgh Car Accident Guide
- Pittsburgh Car Accident Guide
- Key Takeaways for Pittsburgh Car Accident Victims
- First Steps to Protect Your Rights After a Pittsburgh Car Crash
- The Limited Tort vs. Full Tort Problem for Accident Victims
- Building a Case to Prove the Full Value of Your Car Accident Claim
- Why Choose Us as Your Pittsburgh Car Accident Legal Team?
- Frequently Asked Questions About Pittsburgh Car Accidents
- Taking Control After the Collision
Key Takeaways for Pittsburgh Car Accident Victims
A car crash sets in motion two distinct battles: your physical recovery and your financial recovery. While doctors manage the first, a legal team directs the second.
The outcome of your case depends on a methodical approach to evidence collection and a clear strategy for dealing with the insurance industry.
- Your insurance choice matters: The most significant factor in many Pennsylvania car accident cases is the Full Tort vs. Limited Tort election on your own auto insurance policy. This choice, often made years ago to save a few dollars on premiums, dictates your ability to sue for pain and suffering.
- The adjuster is not your friend: The friendly insurance adjuster who calls you is a trained negotiator. Their job is to gather information that can be used to devalue or deny your claim. They will look for any admission of fault, downplay the severity of your injuries, and push for a quick, lowball settlement. Do not give a recorded statement unless your lawyer is present.
- Evidence Disappears Quickly: The success of your claim hinges on evidence. This includes the police report, witness statements, vehicle damage photos, and traffic camera footage. Witnesses move, memories fade, and surveillance video is often recorded over within days or weeks. An immediate investigation is fundamental.
- Medical records tell the story: Your medical records are the primary evidence of your injuries. You must follow through with all recommended treatment, attend all appointments, and be honest with your doctors about your pain and limitations.
- Deadlines Are Strict: Pennsylvania law imposes a strict, two-year time limit, known as the statute of limitations, for filing a car accident lawsuit. Missing this deadline will bar you from recovering compensation.
The insurer can use gaps in treatment or inconsistent reporting to argue that your injuries are not serious.
First Steps to Protect Your Rights After a Pittsburgh Car Crash
You have made it home from the hospital or urgent care. The adrenaline has worn off, replaced by the deep ache of your injuries and a growing sense of uncertainty. The actions you take from your own home in the next few days can establish the foundation for a successful injury claim.
- Start a detailed journal: Get a notebook and begin documenting everything. This journal becomes a contemporaneous record of your experience, which is far more powerful than memory alone.
- Record your daily pain levels on a scale of 1 to 10.
- List all medications you are taking and any side effects.
- Describe how your car accident injuries limit your daily activities, from difficulty sleeping to being unable to perform household chores or care for your children.
- Keep a log of all communications with insurance companies, including the date, time, name of the person you spoke with, and a summary of the conversation.
- Gather and organize all documents: Create a file for all paperwork related to the crash. This collection of documents will be invaluable to your legal team. Your file should include:
- The police report or the driver information exchange form from the scene.
- Photos and videos you took of the crash scene, your vehicle, and your visible injuries.
- All medical bills, receipts for prescriptions, and discharge papers.
- Any letters or emails you have received from any insurance company.
- Your own auto insurance policy's declaration page, which shows your coverage limits and your tort election.
- Report the crash to your own insurer: You have a contractual duty to notify your own insurance company about the accident. Provide them with the basic facts of the crash but decline to give a detailed or recorded statement until you have consulted with an attorney.
- Follow your doctor's orders: Your health is the priority. Attend every single physical therapy session, specialist consultation, and follow-up appointment. If you fail to follow the prescribed treatment plan, the other driver's insurer will argue that you were not truly injured or that you failed to mitigate your damages.
The Limited Tort vs. Full Tort Problem for Accident Victims
Pennsylvania's auto insurance system creates a significant hurdle for many injured people. When you purchased your policy, you had to choose between two options: Limited Tort and Full Tort. This choice has major consequences.
- Full tort: If you have Full Tort coverage, you retain the unrestricted right to sue a negligent driver for all your damages, including economic damages (medical bills, lost wages) and non-economic damages (pain, suffering, scarring, loss of quality of life).
- Limited tort: If you chose Limited Tort, you gave up your right to sue for pain and suffering unless your injuries meet a specific legal threshold. You can still recover your economic damages, but you are barred from receiving compensation for the human impact of the crash unless you can prove you suffered a serious injury. As defined by Pennsylvania law (75 Pa.C.S.A. § 1702), a serious injury is a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.
Overcoming the limited tort threshold
The "serious injury" threshold is a high bar, and insurance companies fight aggressively to argue that injuries do not meet it. However, the law provides several key exceptions that can restore your full rights, even if you have a Limited Tort policy.
You may still pursue a claim for pain and suffering if the at-fault driver was:
- Driving a vehicle registered in another state.
- Convicted of or pleaded into a program for Driving Under the Influence (DUI).
- Intending to injure themselves or others.
- Operating a commercial vehicle.
An attorney can investigate these exceptions to determine if your full rights can be restored.
Building a Case to Prove the Full Value of Your Car Accident Claim
An insurance company will only pay what they are forced to pay. Forcing them to pay your claim's full and fair value requires building a comprehensive case that documents every single loss you have suffered. This process involves a detailed investigation and a methodical presentation of evidence.
Investigating the crash to establish fault
We gather all available evidence to prove the other driver was negligent.
- We obtain the official police accident report and all supplemental reports.
- Our investigators identify and interview any eyewitnesses to the crash.
- We secure any available surveillance footage from nearby businesses or traffic cameras.
- In complex cases, we may hire an accident reconstructionist to analyze the physical evidence and create a scientific model of how the crash occurred.
Documenting every economic loss
Your economic damages are the tangible financial costs of the accident.
- Medical Expenses: We collect all bills from the ambulance, emergency room, hospital stays, surgeries, doctors' appointments, physical therapy, and prescription medications. We also work with your doctors to create a life care plan that estimates the cost of all future medical treatment you will need.
- Lost Wages: We gather your pay stubs and employment records to document the income you have lost while unable to work. If your injuries prevent you from returning to your old job, we may hire a vocational rehabilitation professional to assess your diminished future earning capacity.
- Other Costs: This includes out-of-pocket expenses like transportation to medical appointments or home modifications.
Why Choose Us as Your Pittsburgh Car Accident Legal Team?
After a serious car accident, you are going up against a multi-billion dollar insurance company. Their legal teams handle thousands of claims a year. You need a law firm that is prepared to meet them on a level playing field.
We are a firm of trial lawyers who build every case as if it will be presented to a jury.
- Our attorneys conduct thorough, independent investigations of every crash to gather and preserve the evidence needed to prove fault.
- We have the financial resources to hire leading accident reconstructionists, medical professionals, and economic planners to build a powerful case for the full value of your damages.
- We manage all communications with the insurance companies, shielding you from the pressure and tactics of adjusters so you can focus on your recovery.
- Our lawyers have a long and successful track record of taking on the nation's largest insurance carriers in court and securing substantial verdicts and settlements for our clients.
- You will receive direct, personal attention from our car accident attorneys, not a case manager. We provide clear, straightforward answers to your questions throughout the entire legal process.
Frequently Asked Questions About Pittsburgh Car Accidents
How much is my car accident case worth?
There is no simple formula. The value of your case depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, the strength of the evidence proving fault, and whether you have Full Tort or Limited Tort insurance.
What if the driver who hit me was uninsured or underinsured?
If the at-fault driver has no insurance, you may be able to file a claim under the Uninsured Motorist (UM) portion of your own policy. If their insurance is not enough to cover your damages, you may be able to use your Underinsured Motorist (UIM) coverage.
What if I was partially at fault for the crash?
Pennsylvania follows a modified comparative negligence rule. This means you can still recover damages as long as you were not more than 50% at fault for the accident. Your total recovery would be reduced by your percentage of fault.
Do I have to go to court?
The vast majority of car accident cases are settled out of court through negotiations. However, we prepare every case for trial. This readiness and willingness to go before a jury are what motivate insurance companies to make fair settlement offers.
How long do I have to file a lawsuit after a car accident in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. There are very few exceptions to this rule.
If you miss this deadline, the court will almost certainly dismiss your case, preventing you from ever recovering compensation for your injuries.
What specific information should I avoid giving to the other driver's insurance adjuster?
Avoid discussing fault, speculating on how the accident happened, or describing the extent of your injuries. Do not mention your policy limits or agree to a recorded statement.
Simply provide your name and contact information, and state that your attorney will contact them. Any additional information you provide can weaken your claim.
The insurance company already made me a settlement offer. Why do I need a lawyer?
Initial settlement offers are almost always far less than the full value of a claim. Insurers make these quick offers hoping you will accept before you understand the long-term costs of your injuries, including future medical treatment and lost earning capacity.
An experienced attorney can calculate the true value of your claim and negotiate for fair compensation, which is often significantly higher than the initial offer.
Taking Control After the Collision
A car accident can make you feel powerless, but you have the right to demand accountability and fair compensation. The legal system provides a path to justice, but it is one that is difficult to walk alone.
At Pribanic & Pribanic, we stand with people who have been harmed by others' carelessness. We use our decades of courtroom experience to hold negligent drivers and their insurance companies responsible.
Let us handle the legal battle while you focus on healing. Contact our Pittsburgh office for a free, no-obligation consultation to discuss your case.
We will listen to your story, review your options, and explain how we can help. Call Pribanic & Pribanic for a Free Consultation at (412) 281-8844.