Understanding Pennsylvania's Comparative Negligence Rule After an Accident

When you have been hurt in an accident, your focus is on healing and getting back to your life. Then, you learn that someone else may be saying you were partly to blame.

This can be confusing and add stress to an already difficult time. In Pennsylvania, how fault is shared after an accident is governed by what is called "comparative negligence."

What is Comparative Negligence?

Comparative negligence is a legal rule that looks at how much each person involved in an accident is at fault. It is not always true that only one person is completely to blame. Often, both parties might share some responsibility for what happened.

Pennsylvania uses a specific type of comparative negligence known as "modified comparative negligence." This means that if you are found to be more than 50% at fault for an accident, you generally cannot pursue a claim against the other party. However, if your fault is 50% or less, you can still pursue a claim, but any amount you may receive will be reduced by your percentage of fault.

For example, if a jury decides that you were 20% at fault for an accident and the other driver was 80% at fault, your potential financial recovery would be reduced by 20%. So, if the total amount of damages was determined to be $10,000, you could still pursue $8,000.

The Pennsylvania Statute: 42 Pa. C.S. § 7102

The law that sets out comparative negligence in Pennsylvania is found in the state's statutes. Specifically, 42 Pa. C.S. § 7102, titled "Comparative negligence," explains how fault is assessed and how it impacts your right to seek legal recourse.

This statute states that "in all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff, where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff."

In simpler terms, if your fault is 50% or less, you are not prevented from seeking legal recourse. However, any amount you may receive will be decreased by the percentage of fault assigned to you.

How Fault is Determined in an Accident

After an accident, many factors are considered to determine who was at fault and by how much. This is a complex process that often involves collecting evidence, reviewing reports, and sometimes reconstructing the accident scene.

Evidence Collection

• Police Reports: These reports often contain important details like the investigating officer's opinion on who caused the accident, witness statements, and diagrams of the scene.
• Witness Statements: People who saw the accident happen can provide valuable information about what occurred.
• Photographs and Videos: Pictures and videos from the accident scene, including damage to vehicles, road conditions, and traffic signs, can be crucial. Dashcam footage or nearby security camera video can also be very helpful.
• Medical Records: These documents show the extent of your injuries and the medical treatment you received.
• Expert Analysis: In some complex cases, accident reconstruction experts may be called upon to analyze the evidence and determine how the accident happened.

Insurance Company Investigations

Insurance companies will conduct their own investigations to determine fault. Their adjusters will review the police report, speak with the parties involved, and gather other evidence. It is important to remember that the insurance company's goal is often to protect their own interests, which may not align with yours. They might try to assign a higher percentage of fault to you to reduce what they have to pay.

Negotiations and Litigation

Often, determining fault involves negotiations between legal teams and insurance companies. If an agreement cannot be reached, the issue of fault may need to be decided by a jury in court. The jury will hear all the evidence and then assign a percentage of fault to each party involved.

The "51% Bar" Rule in Pennsylvania

Under Pennsylvania's modified comparative negligence law, if a jury determines that your actions contributed more than 50% to the cause of the accident, you are generally prevented from receiving any amount from the other party. This is often referred to as the "51% bar."

This means that if your fault is found to be 51% or higher, your personal injury claim would likely be unsuccessful. This rule makes it critical to understand how fault is assessed and to ensure your side of the story is fully and accurately presented.

Limited Tort and Comparative Negligence

Pennsylvania's comparative negligence rule can also interact with your choice of car insurance coverage, specifically "limited tort." If you chose limited tort insurance, your ability to pursue certain non-economic damages (like pain and suffering) is restricted, unless your injuries meet a "serious injury" threshold or a specific exception applies.

Even if you have limited tort, the comparative negligence rule still applies to determine your percentage of fault. If you are found to be more than 50% at fault, you generally cannot pursue a claim, regardless of your tort election. However, if your fault is 50% or less, and you meet a limited tort exception (e.g., the at-fault driver was convicted of DUI under 75 Pa. C.S. § 1705(d)(1)(i), or the accident involved a motorcycle under 75 Pa. C.S. § 1705(d)(3)), you may still be able to pursue a full claim for damages.

What if I Was Partly at Fault?

Many accident victims worry that if they were partly at fault, they have no options. This is not necessarily true in Pennsylvania. As long as your percentage of fault is 50% or less, you still have the right to pursue a personal injury claim.

It is important not to admit fault at the scene of an accident. Stick to the facts when speaking with police or other drivers. Let the investigation process determine the percentages of fault. We can help you understand your rights and the strengths of your claim, even if you believe you shared some responsibility for the accident.

Dealing with the aftermath of a truck accident, motorcycle accident, or even a simple car accident, and then facing questions about your own fault, can be overwhelming. Knowing the specifics of Pennsylvania's comparative negligence rule can help you make informed decisions.

Statute of Limitations

It is also crucial to remember the statute of limitations for personal injury claims in Pennsylvania. For most personal injury cases, you generally have two years from the date of the accident to file a lawsuit. This rule is found in 42 Pa. C.S. § 5524. If you wait longer than this, you may lose your right to pursue a claim entirely, regardless of fault.

What to do next

If you have been injured in an accident and are concerned about comparative negligence, gather all your accident-related documents and medical records, and then seek legal advice to understand your options.

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Frequently Asked Questions

What happens if I am found to be 51% at fault in Pennsylvania?

In Pennsylvania, if you are found to be 51% or more at fault for an accident, you are generally prevented from pursuing a claim against the other party for your damages. This is a key part of the state's modified comparative negligence rule.

Can I still pursue a claim if I was partly to blame for an accident in PA?

Yes, if your fault is determined to be 50% or less, you can still pursue a personal injury claim in Pennsylvania. However, any amount you may receive will be reduced by your percentage of fault.

How is fault determined after an accident in Pennsylvania?

Fault is determined by reviewing evidence such as police reports, witness statements, photographs, and medical records. Insurance companies conduct investigations, and if an agreement isn't reached, a jury may decide the percentages of fault in court.

Does comparative negligence apply to all types of personal injury cases?

Comparative negligence generally applies to most personal injury cases in Pennsylvania where negligence is a factor, including car accidents, motorcycle accidents, and premises liability claims. It helps determine each party's responsibility for the incident.

What is the difference between comparative and contributory negligence?

Contributory negligence traditionally meant that if you were even 1% at fault, you could not recover any damages. Comparative negligence, used in Pennsylvania, allows you to recover damages as long as your fault is not greater than the other party's (50% or less), with your recovery reduced by your fault percentage.

Will my insurance company assign fault to me?

Your own insurance company, especially if they are handling the claim on your behalf for property damage or medical payments, may also assess fault. The other driver's insurance company will almost certainly try to assign some fault to you to reduce the amount they may have to pay.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.