Can I Still Obtain Redress If I Was Partially at Fault in a Pennsylvania Accident?

After an accident, you might be dealing with injuries and mounting medical bills. You may also be worried about whether you can seek redress if you believe you were partly to blame for what happened.

Many people believe that if they had any fault in an accident, they cannot pursue a claim against another party. In Pennsylvania, this is not entirely true. Our state has a specific law that addresses situations where more than one person contributes to an accident. This law is called comparative negligence, and it allows for a fair way to assess responsibility.

What is Comparative Negligence in Pennsylvania?

Comparative negligence is a legal principle that allows an injured person to still pursue a claim for damages, even if they were partially at fault for causing the accident. This is different from "contributory negligence," which was an older system where any fault on your part, no matter how small, would prevent you from seeking any redress.

Pennsylvania law uses a modified comparative negligence rule. This means there's a limit to how much fault you can have and still be eligible for damages. Specifically, the law states that if you are found to be 51% or more at fault for an accident, you cannot obtain any redress from the other party. However, if your fault is determined to be 50% or less, you can still pursue a claim, but your potential damages will be reduced by your percentage of fault.

This rule is outlined in Pennsylvania's Judicial Code, 42 Pa. C.S. § 7102, titled "Comparative negligence." It explains how courts and juries should assign percentages of fault to each party involved in an accident and how those percentages impact the final outcome of a personal injury claim.

How Does the 51% Rule Work?

Let's consider an example to understand how the 51% rule works. Imagine you are in a car accident, and the total damages from the accident are determined to be $100,000. During the legal process, it is determined that the other driver was primarily at fault, but you also contributed to the accident in some way. Here are a few scenarios:

• Scenario 1: You are 10% at fault. Since your fault is 10% (which is 50% or less), you can still obtain damages. Your total damages would be reduced by 10%. So, out of the $100,000, you could obtain $90,000.
• Scenario 2: You are 40% at fault. Again, because your fault is 40% (50% or less), you can still obtain damages. Your total damages would be reduced by 40%. Out of $100,000, you could obtain $60,000.
• Scenario 3: You are 50% at fault. This is the limit. Your total damages would be reduced by 50%. Out of $100,000, you could obtain $50,000.
• Scenario 4: You are 55% at fault. In this case, because your fault is 55% (which is more than 50%), you would not be able to obtain any damages from the other party under Pennsylvania law.

As you can see, the specific percentage of fault is very important. Even a small difference can greatly affect the outcome of your personal injury case.

Who Determines Fault in an Accident?

Determining fault in an accident can be a complex process. It involves looking at all the evidence and applying legal standards. Here are some of the ways fault is determined:

• Police Reports: After an accident, law enforcement officers often investigate and create a report. While not always definitive, this report can provide initial observations and may indicate contributing factors.
• Witness Statements: People who saw the accident happen can provide valuable insights into how it occurred.
• Photographs and Videos: Pictures of the accident scene, vehicle damage, and any visible injuries are crucial. Dashcam footage or surveillance video can also be highly informative.
• Expert Analysis: In some complex cases, accident reconstruction experts may be called upon. These professionals can analyze physical evidence, vehicle data, and other factors to recreate the accident and determine causality.
• Insurance Adjusters: Insurance companies will conduct their own investigations to determine fault and evaluate claims. However, remember that an adjuster's primary goal is to protect their company's interests, which may not align with yours.
• Courts and Juries: If a case goes to trial, a judge or jury will ultimately weigh all the evidence presented by both sides and make a final determination of fault, assigning percentages to each party involved.

What If the Other Side Claims You Were More at Fault?

It is common for the opposing party or their insurance company to try and shift blame onto you. They may argue that your actions contributed significantly to the accident, hoping to reduce the amount they might have to provide or even avoid responsibility altogether. This is a tactic designed to protect their financial interests.

If you find yourself in this situation, it is important to have strong representation. A knowledgeable attorney can help gather evidence to counter these claims, present your side of the story effectively, and argue against an unfair assignment of fault. We understand these tactics and work to protect your right to fair consideration.

Understanding How Your Actions Can Impact a Claim

Even seemingly minor actions or inactions on your part could be considered when determining comparative negligence. For instance, if you were not wearing a seatbelt, even if another driver caused the collision, the defense might argue that your injuries would have been less severe if you had been buckled up. Similarly, if you were slightly speeding, or if your vehicle had a minor maintenance issue that played a role, these factors could be brought up.

It is crucial to be honest and provide all relevant details when discussing your accident. Your legal team can then assess how these factors might be viewed under Pennsylvania's comparative negligence law and prepare the strongest possible strategy for your case.

Why Legal Representation is Important for Comparative Negligence Cases

Navigating a personal injury claim, especially one involving comparative negligence, can be overwhelming. Insurance companies often try to assign as much fault as possible to the injured party. This is where experienced legal representation becomes invaluable.

We can help you by:

• Investigating the accident: Gathering crucial evidence, including police reports, witness statements, and expert testimony, to build a strong case.
• Calculating your damages: Accurately assessing all your losses, including medical expenses, lost wages, and other related costs.
• Negotiating with insurance companies: Advocating on your behalf to counter unfair blame and seek a just outcome.
• Representing you in court: If a fair resolution cannot be reached through negotiation, we are prepared to take your case to trial to fight for your rights.

Do not let the fear of partial fault prevent you from seeking legal guidance. Many people are unsure of their rights and often underestimate how much fault they truly bear. Speaking with a legal professional can clarify your situation and help you understand your options.

What to do next

If you have been injured in an accident and are concerned about comparative negligence, your immediate next step should be to consult with a Pennsylvania personal injury attorney. We can review the specifics of your case, explain how the law applies, and advise you on the best course of action.

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Frequently Asked Questions

What is the 51% rule in Pennsylvania accident law?

Pennsylvania uses a modified comparative negligence rule, often called the 51% rule. This means you can still obtain damages if you are found to be 50% or less at fault for an accident. If you are 51% or more at fault, you cannot obtain damages from the other party.

Will my damages be reduced if I am partly at fault?

Yes, if you are found to be partly at fault (up to 50%), your total damages will be reduced by your assigned percentage of fault. For example, if you are 20% at fault, your total damages would be reduced by 20%.

How is fault determined in a Pennsylvania accident?

Fault is determined by examining evidence such as police reports, witness statements, photographs, video footage, and sometimes expert analysis. Insurance companies conduct their own investigations, and ultimately, a judge or jury may assign fault percentages.

Can the other driver's insurance company blame me for the accident?

Yes, it is common for insurance companies to try to shift blame to the injured party to reduce their potential liability. Having legal representation can help you counter these claims and protect your rights.

What is the Pennsylvania statute that governs comparative negligence?

The law governing comparative negligence in Pennsylvania is found in the state's Judicial Code, specifically 42 Pa. C.S. § 7102. This statute outlines how fault is apportioned and how it affects damage claims.

Should I still seek legal help if I think I might be partly at fault?

Absolutely. It is always advisable to consult with an attorney even if you believe you were partly at fault. A lawyer can evaluate your case, explain your rights under comparative negligence law, and help you understand your options.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.