Accidents can be complicated, and it’s common for more than one person to share responsibility. If you were injured in a Pennsylvania accident but might have been partly at fault, it’s important to understand the state’s comparative negligence laws. Continue reading to learn how fault affects your ability to recover compensation and what the 51% rule means for your personal injury claim. Work with a skilled York County, PA personal injury attorney today.
What is Comparative Negligence?
Comparative negligence is the legal concept Pennsylvania uses to determine how fault is shared in an accident. Put simply, it means that an injured person’s right to recover damages is based on their own level of responsibility for causing the incident. The system acknowledges that accidents rarely involve only one party being entirely at fault. Instead, multiple individuals often share some degree of blame.
Pennsylvania operates under a “modified” comparative negligence rule. This requires a jury or judge to assign a specific percentage of fault to every party involved in the accident. This percentage dictates the legal outcome of the claim. The main purpose of this system is to create an equitable way for the courts to handle personal injury claims where fault is divided.
What if I Was Partly at Fault for a Car Accident in PA?
If you were partly at fault for a car accident in Pennsylvania, you can be held responsible for the degree of blame assigned to your actions. Your ability to recover compensation is governed by the state’s modified comparative negligence rule. This rule states that you can still recover damages as long as a judge or jury determines your percentage of fault is less than 51%.
However, the damages you are awarded will be reduced in proportion to your assigned percentage of fault. For example, if the court determines that the total damages you suffered are valued at $100,000, but you were 20% responsible for causing the accident, your final recovery amount will be reduced by 20%. In this case, you would be awarded $80,000.
If your percentage of fault is found to be 51% or greater, you are barred from recovering any damages from the other party. The reasoning is that if you are more responsible for the accident than all other parties combined, you cannot collect compensation from those less at fault. This strict rule makes accurately determining fault an important aspect of any Pennsylvania personal injury claim, especially if there is a risk that your degree of responsibility might be around the 50% mark.
How is Fault Determined After a Car Accident in PA?
Fault is often determined by insurance adjusters using police reports, witness statements, and evidence from the scene. If the case proceeds to a lawsuit, a judge or jury ultimately assigns the percentage of fault to each party. This determination is based on evaluating whether each driver acted negligently, focusing on violations of traffic laws and whether their actions contributed to the collision.
For more information and skilled legal advice, contact an experienced attorney today.
