Car accidents are an unfortunate reality on Pennsylvania's roads, and determining who is responsible for an accident can be complicated. In some cases, multiple parties may be at fault for an accident. Pennsylvania’s legal system addresses this through the concept of "comparative negligence." Understanding how Pennsylvania’s comparative negligence law works is important for anyone involved in a car accident, especially when they plan to file a personal injury claim for compensation to recover damages.
Comparative negligence in Pennsylvania allows individuals who are partially at fault for a car accident to still recover damages, but their compensation may be reduced based on their level of fault. This article will delve into how comparative negligence applies to car accident claims in Pennsylvania, outline the specific laws, and explain how fault is determined in these cases.
If you need legal help, the PA car accident lawyers of Brandon J. Broderick, Attorney at Law are here to help. Call us to learn more about how we can help.
What Is Comparative Negligence in Pennsylvania?
Overview of Comparative Negligence
Pennsylvania follows a modified comparative negligence rule, which is set forth under 42 Pa. C.S. §7102. Under this system, an injured party can recover compensation even if they were partially at fault for the accident, as long as their level of fault does not exceed 50%. If you are found to be more than 50% responsible for the accident, you will be prohibited from recovering any damages.
For example, if you are found to be 30% at fault for a car accident, you can still recover damages from the other party, but your compensation will be reduced by 30%. This reduction is proportional to your degree of fault. However, if you are found to be 51% or more at fault, you will not be able to recover any damages.
Pennsylvania’s 51% Rule
Pennsylvania's modified comparative negligence rule includes what is commonly known as the "51% rule." This rule stipulates that if a plaintiff is more than 50% at fault for an accident, they cannot recover any compensation. This is different from pure comparative negligence states, such as New York, where a plaintiff can recover damages regardless of their percentage of fault, although the compensation would still be reduced proportionally.
This rule is critical to understand because it places a significant emphasis on determining the percentage of fault in a car accident. If you are injured in a car accident in Pennsylvania, the amount of compensation you can recover will depend heavily on how fault is assigned.
How Comparative Negligence Affects Car Accident Claims
Determining Fault in a Car Accident
In Pennsylvania, fault is determined by examining the evidence from the accident. This includes police reports, witness statements, photographs of the scene, and any available surveillance footage. Insurance companies, attorneys, and sometimes the court will review this evidence to assign a percentage of fault to each party involved.
Fault can be shared between multiple drivers, meaning both the plaintiff (the person filing the claim) and the defendant (the person being sued) could be found partially responsible for the accident. For example, a driver may have been speeding, but the other driver could have failed to signal before making a turn. In this case, both drivers may share some responsibility for the collision.
Impact on Compensation
The most significant impact of Pennsylvania's comparative negligence law is on the amount of compensation you can receive. If you are found partially at fault for the accident, your damages will be reduced by the percentage of fault assigned to you.
For instance, if the total damages from the accident amount to $100,000 and you are found to be 20% at fault, your compensation will be reduced by 20%, meaning you would receive $80,000. The same principle applies if multiple parties are involved. Each party's compensation will be reduced based on their percentage of fault.
Insurance and Comparative Negligence
Insurance companies in Pennsylvania often play a significant role in determining fault in car accident cases. After a car accident, both your insurance company and the at-fault driver’s insurer will investigate the accident and assign a percentage of fault. This assessment will impact any settlements or compensation you may receive.
If you believe the insurance company has unfairly assigned you a higher percentage of fault, you have the right to dispute their findings. An experienced attorney can help you challenge these determinations and present additional evidence to support your claim.
Important Considerations in Pennsylvania Car Accident Claims
Gathering Evidence
Since fault is such an important factor in comparative negligence cases, it’s essential to gather as much evidence as possible after a car accident. This includes taking photos of the accident scene, obtaining contact information from witnesses, and requesting a copy of the police report. Medical records documenting your injuries are also crucial for supporting your claim.
Legal Representation
Dealing with insurance companies and navigating Pennsylvania’s comparative negligence laws can be challenging. It’s especially important to have legal representation if there are questions about who was at fault for the accident. An experienced car accident attorney can help gather evidence, negotiate with insurance companies, and ensure that your rights are protected throughout the process.
An attorney can also provide guidance on whether your level of fault might prevent you from receiving compensation and help you strategize the best approach to maximize your recovery under Pennsylvania’s comparative negligence system.
Call Brandon J. Broderick For Legal Help
Navigating Pennsylvania car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free consultation.