Being in a car accident can shake up your whole life. You might be dealing with injuries, car repairs, and pushy insurance adjusters. Figuring out who is responsible matters. Determining fault in a car crash is the key to recovering money for your medical bills, property damage, and other losses. Strong evidence tells the story of what happened and helps you reach a fair settlement. When you know what to collect and how to use it, your Pennsylvania claim gets stronger.
At Luxenberg Garbett Kelly & George P.C., our Western Pennsylvania car accident attorneys can work with you to build a solid case. We can secure the police report, gather photos and video, track your medical records and bills, and gather testimony from industry professionals regarding your damages. From day one, we can handle the details so you can focus on healing. If you or someone you love was hurt in a crash, getting legal guidance early can protect your rights and your claim. Call (724) 658-8535 for a free consultation. We’re ready to help you take the next step toward recovery.
Document the Accident Scene
Immediately after an accident in Western Pennsylvania, it is essential to document the scene thoroughly. Use your smartphone or a camera to capture photographs of all vehicles involved, any visible injuries, skid marks, traffic signs, and road conditions, especially if weather played a role, such as icy roads or poor visibility. These visual records can provide valuable evidence later on.
Gather Eyewitness Statements
Witnesses play a critical role in establishing liability. Approach individuals who witnessed the accident and ask for their contact information. Since Pennsylvania follows a modified comparative negligence rule, their statements can help establish fault percentages. Reach out to witnesses soon after the accident to document their accounts while details remain fresh. If they are willing, their testimony can be included in police reports or legal proceedings, strengthening your claim.
Obtain Police Reports
Call 911 to report the crash. Under Pennsylvania law, you must notify police if anyone is injured or killed, or if a vehicle is so damaged that it cannot be safely driven and must be towed. If a police officer does not investigate a reportable crash, you must submit a Driver’s Accident Report (Form AA-600) to PennDOT within five days. A police report typically lists the date, time, location, involved parties, and any citations. While it isn’t a final determination of fault, it’s often important evidence in insurance and legal claims.
Using Digital Evidence to Strengthen a Pennsylvania Car Accident Case
Digital evidence can tip the scales in your Pennsylvania car accident case. Today’s vehicles, phones, and cameras quietly record what happened before, during, and after a crash. Your car’s event data recorder, often called a black box, captures key facts such as speed, throttle, hard braking, airbag deployment, and seatbelt usage seconds around impact. That data pairs with video. Dashcams, traffic cameras in Western Pennsylvania, and nearby business surveillance can clearly show lane position, following distance, weather, lighting, and driver behavior like tailgating or running a red light. Phone records add another layer. Call detail logs, texting history, and app activity can reveal distraction at the exact minute of the collision.
Time matters. Many systems overwrite themselves quickly, and some cameras delete recordings within days. To preserve these sources, an attorney can move fast with spoliation and preservation letters to insurance carriers, trucking companies, rideshare platforms, and property owners. We can also request copies of bodycam or dashcam files from responding police when available. In Pennsylvania, requests for police body-worn or dash-cam recordings must be received within 60 days under Act 22.
You do not have to chase this evidence yourself. Our team of Western Pennsylvania car accident attorneys can coordinate downloads, subpoenas, chain of custody, and qualified analysis so the story the data tells is clear, credible, and focused on strengthening your claim.
Western Pennsylvania Car Accident Attorneys – Luxenberg Garbett Kelly & George P.C.
Lawrence M. Kelly
Larry is a lifelong Lawrence County advocate whose client-first drive and decades of courtroom experience have helped injured people across Western Pennsylvania feel heard, protected, and prepared at every step.
- Admissions: Pennsylvania (1983); U.S. District Court, W.D. Pa.; U.S. Court of Appeals, Third Circuit
- Education: J.D., University of Akron School of Law, cum laude (1983)
- Certification: Board Certified Civil Trial Specialist (NBTA)
- Leadership/Memberships: Past President—W. PA Trial Lawyers; Past President—PA Association for Justice (2024); Disciplinary Board of PA Supreme Court (2013–2018); PBA; AAJ; NBTA
- Practice Focus: Personal Injury; Workers’ Compensation
- Distinctions: Super Lawyers (2006–2024); Top 50 Pittsburgh (2019–2024); AV Preeminent (2024); Top 1% (NADC 2024); Top 100 Trial Lawyers (ATLA 2024); AIOPIA “10 Best” (2024); Attorney & Practice Magazine Top 10 (2024); “Raising the Bar – Top 10 Personal Injury” (2025)
Joseph A. George
Joe brings a meticulous, preparation-driven style to injury cases, from car and truck crashes to medical negligence, aiming to give clients the confidence that every argument and exhibit is ready for trial.
- Admissions: Pennsylvania (1996); Ohio (1997); U.S. District Court, W.D. Pa. (1997)
- Education: J.D., Duquesne University School of Law (1996); University of Pittsburgh
- Memberships: Pennsylvania Bar Association; Pennsylvania Trial Lawyers Association; AAJ
- Practice Focus: Personal Injury; Motor Vehicle Accidents; Medical Malpractice; Workers’ Compensation
- Distinctions: Pennsylvania Super Lawyers (2018–2024); AV Rated (2018); AV Preeminent (2020)
Preserve Medical Records
If you’re hurt, seek care right away and keep all medical records, including hospital bills, diagnostic reports, prescriptions, therapy notes, and treatment plans. These records support your first-party medical benefits and any liability claim against an at-fault driver. Pennsylvania auto policies must include at least $5,000 in first-party medical benefits. If you selected the limited tort option, you generally must show a serious injury, defined by statute as death, serious impairment of body function, or permanent serious disfigurement, to recover non-economic damages such as pain and suffering.
Engage Expert Witnesses
Depending on the aspects of your case, it may be necessary to engage expert witnesses. Accident reconstruction specialists, medical professionals, and forensic experts can provide valuable insights and opinions based on their expertise. Their testimony can help establish liability, clarify the cause of the accident, and demonstrate the extent of your injuries. In Pennsylvania, where comparative negligence laws impact compensation, expert analysis can be essential in proving fault and protecting your right to recover damages.
| Challenge | Impact on Case | Solution |
|---|---|---|
| Missing or unavailable surveillance footage | Key visual proof of fault may be lost | Request footage from businesses or traffic cameras quickly |
| Uncooperative or hard-to-find witnesses | Weakens credibility and reduces supporting testimony | Collect contact information at the scene and secure statements early |
| Delayed or incomplete medical documentation | Creates doubt about the link between accident and injuries | Seek prompt treatment, follow care plans, and keep medical records |
| Conflicting accident reports | Makes liability disputes more complex | Obtain reports quickly and have an attorney review with expert input |
| Vanishing physical evidence (skid marks, debris) | Loss of crucial indicators of speed or fault | Take photos and videos immediately and consult accident reconstruction experts |
Challenges in Evidence Collection and How to Overcome Them
Gathering evidence after a car accident in Pennsylvania can be difficult, especially when key details are lost or disputed. Some of the most common challenges include missing or unavailable surveillance footage, uncooperative witnesses, delayed medical documentation, and conflicting accident reports. Physical evidence, like skid marks or vehicle damage, can vanish quickly, making it more challenging to determine fault.
Acting quickly is critical to address this issue. Taking photos and videos immediately after the crash can help document road conditions, traffic signals, and vehicle positions. If surveillance footage from nearby businesses or traffic cameras is available, requesting it as soon as possible increases the chances of obtaining useful evidence before it is deleted. Witnesses may be more difficult to track down over time, so collecting contact information at the scene and securing written statements early can help strengthen a claim.
Medical records play a key role in proving injury severity, but delays in treatment or gaps in documentation can create doubt about the connection between the accident and the injuries sustained. Seeking medical attention promptly and following all recommended treatments helps establish a clear record.
Early legal assistance can make a significant difference in overcoming these challenges. A Western Pennsylvania car accident attorney can secure critical evidence, handle communication with insurance companies, and obtain accident reports or surveillance footage before they become unavailable. Legal professionals also work with experts, such as accident reconstruction specialists and medical professionals, to strengthen claims. Taking these steps can help build a strong case and protect a claim from common evidence collection challenges.
At Luxenberg Garbett Kelly & George P.C., we understand the importance of gathering strong evidence to prove liability in your Pennsylvania car accident case. Our experienced Western Pennsylvania car accident attorneys are well-versed in handling such matters and can provide the guidance and support you need throughout the process.
Contact Luxenberg Garbett Kelly & George P.C. today if you need assistance with your car accident case!
