Allegheny Pennsylvania Complaint regarding Auto Accident for Negligence

State:
Multi-State
County:
Allegheny
Control #:
US-M6790
Format:
Word; 
Rich Text
Instant download

Description

Sample Negligence complaint where driver 1 sues driver 2 after auto accident.
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FAQ

Yes, in Pennsylvania there is a two-year statute of limitations on car accident claims. This means you have two years from the date of the accident to file a claim.

Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

When an individual fails to exercise the degree of care expected of someone in that situation, and it results in an injury of some sort, it is called "negligence." The basis for most civil lawsuits, negligence laws are established at the state level.

Pennsylvania is a modified comparative negligence state that follows the 51 percent modified comparative rule.

In Pennsylvania, you can also file an additional claim or lawsuit to collect from the insurance of a negligent party if your injuries are particularly severe. However, there are instances when car accidents don't result in injury. But such accidents still may cause other costly losses.

The owner is not responsible for accidents that follow the theft of the owner's vehicle or other use of the vehicle without the owner's consent. The owner's insurance is liable only for those accidents where the owner authorized or consented to the driver's use of the vehicle.

Note that Pennsylvania follows a 51 percent comparative negligence rule, which means you can recover damages if you were less than 51 percent at fault. If you are found to carry more than 50 percent of the fault for the accident, you will be unable to seek compensation for damages.

In order to establish negligence, you must be able to prove four elements: a duty, a breach of that duty, causation and damages.

This includes medical, personal injury, and property damage. However, Pennsylvania is one of a handful of states that is called a no-fault state. This means that each party, regardless of who is at fault, collects compensation such as lost wages and medical bills from their own, respective insurers.

Yes, in Pennsylvania there is a two-year statute of limitations on car accident claims. This means you have two years from the date of the accident to file a claim.

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Allegheny Pennsylvania Complaint regarding Auto Accident for Negligence