Each state has specific laws that dictate the maximum compensation a plaintiff can pursue in a personal injury lawsuit after a car accident, with "comparative fault" playing a crucial role in these regulations. This refers to the ability of a partially at fault party in an accident to seek compensation. Some states enforce a strict rule where an injured individual cannot file a claim if they bear even a minimal percentage of fault. However, other states have complex laws that allow individuals to sue for their injuries, even if they are partially or mostly at fault.

Pennsylvania's modified comparative fault laws permit accident victims to seek compensation for losses even if they bear some of the fault. Pennsylvania statutes specify that a plaintiff's capacity to claim damages may be restricted based on their degree of shared fault, and in certain cases, it may be entirely prohibited. Identifying and demonstrating fault under Pennsylvania's comparative fault laws is critical for the outcome of your case. Therefore, it is essential to have an experienced Pennsylvania personal injury attorney represent you, which will be crucial to the success and outcome of your case.

If you have questions, an attorney at Brandon J. Broderick is available to assist you today. Simply contact us for a free case evaluation today.

What Does “Shared Fault” Mean in Pennsylvania, and Why Is It Significant?

Pennsylvania's comparative fault law, 42 Pa. C.S. § 7102, plays a crucial role in the resolution of car accident claims, delineating how responsibility and compensation are determined when multiple parties contribute to an accident. Under this legal framework, a party can recover damages even if they are partially at fault, provided their level of responsibility does not exceed 50%.

If the accident victim is less than 51 percent at fault, they can still receive damages based on their level of fault. If you were found to be 20% at fault, you are eligible to receive 80% of the total amount of compensation awarded. If you are found to be 51 percent or more responsible, you lose the right to any compensation.

This complex approach allows for a more equitable distribution of damages, reflecting each party's contribution to the accident. However, the claimant's percentage of fault lowers the recoverable compensation. This doctrine significantly impacts the outcome of car accident lawsuits in Pennsylvania, demanding a thorough understanding from all parties involved. It underscores the importance of a detailed investigation and legal representation to accurately assess fault and protect the rights of those injured in car accidents.

How Is Fault Determined After a Car Accident in Pennsylvania?

Insurance adjusters and courts take into account the actions of both parties in preventing or avoiding the accident when determining fault. If it appears that you could have prevented the accident, your level of fault will increase.

Insurance companies attempt to shift liability for a car accident to the victim by employing comparative negligence in an effort to reduce the amount of money required to settle an injury claim.

Be cautious with this strategy. Claims adjusters may try to persuade you to confess to something that could be used to determine fault. It is advisable to speak with a PA personal injury attorney before making any statements or answering questions about the accident or your injuries.

In Pennsylvania, a judge allocates a percentage of fault to each party involved in a case based on the facts and circumstances when evaluating comparative fault.

These usually rely on a number of factors, including:

• Police report
• Any witness statements or testimony
• Courtroom testimony
• Other relevant evidence
  

After gathering all relevant information, the judge will assign 100% fault to both parties. Under Pennsylvania law, when many parties are responsible for damages, each party is only liable for a portion of the damages that corresponds to their level of fault. If you were found to be 20% at fault for a car accident while the other driver was 80% responsible, you would not be held accountable for the whole amount of the plaintiff's damages. The court would only issue a judgment against you for 20% of the total damages.

What Are Some Ways To Avoid Shared Fault?

If you are involved in a car accident, you can reduce your portion of the fault, even though you cannot control the driving behavior of others on the road. Here are some effective techniques to decrease the chances of shared fault:

• Follow all traffic signals and laws:Following all traffic laws, such as driving below the speed limit, stopping at traffic signals, and following any additional rules, will make it more difficult to hold you responsible for an accident.
  
• Keep your attention on driving and the road:Focus on the road and refrain from texting or using a phone while driving. Avoid additional distractions, such as eating or adjusting your GPS.
  
• Making sure that your vehicle is maintained:If your car has defective brakes, headlights, taillights, or other technical problems, you can be partially responsible. If your vehicle is in good condition, this is not a problem.
  
• Always wearing a seatbelt:Wearing a seatbelt can prevent the other party from arguing that some of your injuries could have been less severe if you had worn a seatbelt during an accident.
  

If you make the necessary efforts to drive safely and responsibly, your shared fault will be minimized. This may lead to a higher payout for your claim.

Brandon J. Broderick Can Help You With Your PA Car Accident Personal Injury Claim Today

If you were injured in a car accident caused by another driver's negligence, it is necessary to consult with a lawyer promptly. At Brandon J. Broderick, Attorney at Law, we can help you claim the compensation you deserve and assess your level of fault. We can assist you in presenting your case if there is uncertainty over accountability. While you focus on your recovery, we will take care of the specifics and filing of your claim in Pennsylvania.

Working with a proficient and highly-regarded Pennsylvania personal injury lawyer can significantly impact the result of your case. Why should you lose the benefit of sufficient compensation to pay your medical expenses and other damages following an accident caused by another party's negligence or carelessness?

Contact us today for a free consultation at any time. We look forward to assisting you in your recovery and moving forward.