Pennsylvania Car Accident Laws: What You Need to Know
Understanding Your Rights After a Crash in Pennsylvania
If you were injured in a car accident in Pennsylvania, knowing the law can help protect your rights and your recovery. Pennsylvania car accident laws cover everything from insurance requirements and fault rules to time limits for filing claims and the impact of distracted driving. This guide breaks down the key laws every Pennsylvania driver, passenger, and pedestrian should know.
Liability and Fault in Pennsylvania Car Accidents
Pennsylvania is a choice no-fault state. This means that when you purchase car insurance, you choose between full tort or limited tort coverage.
- Limited Tort limits your ability to sue for pain and suffering unless your injuries are considered “serious.”
- Full Tort allows you to retain your full rights to sue the at-fault driver, regardless of injury severity.
Even in a no-fault framework, drivers can still pursue claims against other parties when injuries are severe or other exceptions apply.
Pennsylvania follows a modified comparative negligence rule. If you’re found partially at fault for the accident, your compensation can be reduced by your percentage of fault. However, you can only recover damages if you are less than 51% at fault.
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Statute of Limitations for Car Accident Claims
In Pennsylvania, you have two years from the date of the accident to file a personal injury lawsuit, including:
- Claims for injuries
- Property damage
- Wrongful death
Failing to file within the two-year time limit could result in your case being dismissed.
Pennsylvania’s Distracted Driving Law (Paul Miller’s Law)
In May 2024, Pennsylvania passed Paul Miller’s Law, significantly updating the state’s approach to distracted driving:
- It is now illegal to use a handheld device for texting, calling, or app use while driving.
- Hands-free devices are permitted.
- Violations carry fines and may add points to your driving record.
This law was named in honor of Paul Miller, a man killed by a distracted driver, and reflects the state’s growing commitment to safer roads.
Insurance Requirements in Pennsylvania
Pennsylvania drivers must carry the following minimum insurance coverage:
- $15,000 per person and $30,000 per accident for bodily injury liability
- $5,000 for property damage
- $5,000 for medical benefits (“first-party benefits”)
Additional coverage like underinsured/uninsured motorist protection is optional but recommended.
Suing Private Vehicle Owners and Other Drivers
If you were injured as a passenger or pedestrian, you may have the right to bring a claim against the at-fault driver or vehicle owner. These cases are often complex and may involve multiple insurance policies or parties.
Call for a Free Consultation
Car accident laws in Pennsylvania can be complicated, especially if you’re recovering from serious injuries or facing insurance disputes. If you have questions about how these laws apply to your case, contact the team at Gay Chacker & Ginsburg.
Our attorneys will help you understand your rights and explore your legal options. Call today for a free consultation.
