Legal Question in Civil Litigation in Pennsylvania

cilvil court

my brother was recently involved in an accicdent and he did not have auto ins. he was also not aware of the accidicent because the other car hit him from behind, hitting his back right bumper and then went off the road. my brother was issued tickets by he police for not having ins., failure to stop and making a left hand turn into traffic. the judge dissmissed two tickets and found him guilty of failure to stop and render aid. the other driver wants payment for his damages and is now suing him in civil court. i feel the accident was at least half caused by the other driver because from where my brother turned left and where the other driver hit him and left the road was 50 ft from the driveway that my brother turned left from. in civil court are we able to argue that the other driver holds some responsibility? the police report holds my brother responsible for the accident but i heard that will not be addmissable in a civil lawsuit. i just wandered if my brother has rights in a civilcase? will he be allowed to defend himself and provide a witness that was in the car and pictures and measurememts of the roadway? the other driver wants $2300 for a car worth only $650. the ticket for not having ins. was dismissed. do we have a case?


Asked on 7/15/08, 10:36 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: civil court

Yes he has rights, its called due process.

Under PA law the plaintiff in an auto accident can get no more than the value of the car. That said if the plaintiff was partially negligent up to 49% than his award will be reduced to what ever percent your brother is liable. Let's say the court thinks the damages are worth $500 but that the plaintiff shared 40% of the blame. He would only be awarded $300. If the plaintiff was 51% or more to blame the plaintiff gets zip.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 7/16/08, 11:23 am


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