Few things are worse than being injured in an auto accident, or any type of accident for that matter. That being said, if you were recently hurt in an accident due to the negligence of another, but you think you may have played a minimal role in the accident, there is a chance you may still qualify for compensation. Please continue reading and reach out to a seasoned York County, PA auto accident attorney from Ilkhanoff & Silverstein to learn more about comparative negligence, whether PA observes it, and how our legal team can help you fight for the full and fair compensation to which you are entitled. Here are some of the questions you may have:
Does Pennsylvania Observe Comparative Negligence?
Pennsylvania adheres to a modified comparative negligence statute. This means that you are eligible to recover compensation for damages incurred in an accident, even if you are partially at fault. However, under Pennsylvania law, you are only eligible to recover compensation if your share of fault is not greater than that of the other parties. As such, you may recover compensation even if you are deemed 50% responsible. However, if you are deemed 51% responsible for the accident, you will be unable to recover compensation.
The purpose of this system is to reduce compensation based on each party’s contribution to the accident.
Comparative Negligence vs. Contributory Negligence
- Contributory negligence
- If you are found even 1% at-fault, you may recover nothing
- Used only in a few states
- Pure comparative negligence
- You may recover compensation even if you are 99% at fault
- Recovery will be reduced by your percentage of fault
- Modified comparative negligence (Pennsylvania)
- May receive compensation only if you are 50% or less at fault
- If fault is 51% or greater, recovery is barred
Why Fault Percentages Matter in Settlement Negotiations
- Fault percentage generally determines settlement math
- Insurance adjusters may argue for increased fault to reduce the payout
- Evidence gathered at the scene can drastically impact negotiations
How Compensation is Reduced When You’re Partially At-Fault
When you are hurt in an accident because a negligent driver ran a stop sign or failed to maintain their lane on I-76, the case may seem relatively straightforward. However, if they can prove that you were also negligent in some form, even something as seemingly insignificant as driving five miles per hour over the posted speed limit, this can be used to reduce your compensation by assigning fault. As such, understanding how the courts will calculate compensation in these instances is critical.
Easy Comparative Negligence Math
For example, if you’re involved in an accident in York County caused by a negligent driver, and you incur $100,000 in damages, your compensation will be reduced by the assigned percentage of fault. If, in this case, you’re found to be 20% responsible for the collision, your damages will be reduced by 20%. As such, your recoverable damages will amount to $80,000.
What Counts as “Damages”
- Medical expenses
- Future medical care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Scarring and disfigurement
Why Insurers Argue Comparative Negligence
It’s not uncommon for the insurance company of the negligent party to attempt to shift some of, if not all of, the responsibility for the accident onto the plaintiff. This is generally done as a means of:
- Reducing the payout
- Challenging the cause of injuries
- Shifting blame in accidents involving three or more vehicles
How Fault Is Determined After an Accident in Pennsylvania?
If you have been involved in an accident in Pennsylvania, it’s important to understand the evidence that will be considered to determine liability for the collision. This information will ultimately be reviewed by insurance companies, attorneys, and, if your case goes to trial, a judge and jury. As such, understanding the evidence that can impact the outcome of your case is critical to take the necessary steps following a collision.
Common Evidence Examined to Determine Fault
- Police reports and officer observations
- Photos and videos of the accident scene, damage, and road conditions
- Surveillance or dashboard camera footage
- Witness statements
- Vehicle maintenance conditions
- Accident reconstruction (when necessary)
What Should I Do After an Accident to Protect My Comparative Negligence Claim?
The immediate aftermath of an accident in York County can be incredibly overwhelming. However, it is critical to your claim to remain calm and collected. The steps you take following a collision can have a direct impact on the outcome of your case.
Step-by-Step Accident Checklist
- Call 911 to request police and medical assistance to the scene
- Get the other driver’s insurance and contact information
- Seek evaluationa by the EMTs even if you feel okay or injuries seem minor
- Do not speculate about fault
- Do not apologize or say anything that may imply assumption of responsibility
- Take photos and videos of the scene
- Do not say you “feel fine”
- Gather the contact information of witnesses
- Obtain a copy of the police report
- Follow up with your primary care physician within 48 hours
What Is the Statute of Limitations for Comparative Negligence Claims in PA?
Under Pennsylvania law, the statute of limitations for the injured party to seek compensation for damages is two years from the date of the injury to file a claim against the other party. Failure to file within this timeframe will result in being barred from recovering compensation, even if negligence and damages are obvious.
Why Waiting Can Hurt Your Case Even Before the Deadline
Though two years may seem like a considerable amount of time to prepare a negligence claim, it’s generally in your best interest to file a claim sooner rather than later. Waiting too long can result in:
- Witnesses forgetting details or moving away
- The deletion or overwriting of video surveillance footage
- Vehicle damage may be repaired
- Insurance companies have more time to shift blame
Contact Our Experienced York County Personal Injury Attorneys
Recovering compensation following a car accident in York County or the surrounding area can be incredibly complicated, especially when questions regarding fault arise. That is why it is in your best interest to connect with an experienced personal injury attorney with Ilkhanoff & Silverstein. Our firm understands how difficult these matters can be to navigate, which is why we will do everything possible to help you fight for the justice and compensation you deserve. Contact us today to learn how we can represent you.
