Liability and Compensation in Personal Injury Claims
You may still be able to pursue compensation after your accident in Pennsylvania even if you were partly responsible for it, under the state’s comparative negligence laws outlined in 42 Pa. C.S. §7102.
The Commonwealth follows modified comparative negligence rules, which compare the fault carried by both the claimant and the defendant. You’ll still be eligible to recover a portion of your rightful damages if you’re found to be less than 51% responsible, as long as your degree of fault isn’t greater than the defendant’s.
How Comparative Negligence Works in Pennsylvania
Comparative negligence allows the responsibility for an accident to be shared based on each entity’s actions or negligence. It thus enables you to secure compensation for your injuries, even if you hold some responsibility for the situation.
Under this rule, you must be found to be no more than 50% responsible for your accident in order to qualify for damages. Should you be eligible but partly at fault, your recovery will be reduced in proportion to your percentage of fault.
So, for instance, if your recoverable damages are valued at $100,000 and you’re found to be 30% responsible for your accident, the damages will be reduced by 30%, leaving you with $70,000.
Fault percentages are often disputed, and insurers may use the following to assert that you contributed to your accident:
- Police reports
- Photographs and video footage
- Vehicle damage estimates
- Witness evidence and driver statements
- Expert analyses
Your Pennsylvania personal injury lawyer can thoroughly investigate this evidence and these claims to ensure that your degree of fault is fairly determined.
How Shared Fault Affects Compensation
Shared fault doesn’t automatically bar you from pursuing compensation, but it can impact the value of your recovery. This is why seeking early legal advice is essential for maximizing your potential damages.
If an insurer or another party alleges that you were partly responsible, see a lawyer as soon as possible. Provide them with as much evidence as you can, including:
- Your medical records and bills
- Eyewitness contact details
- Photographs, videos, and dashcam footage of the accident and accident scene
- Vehicle and personal property repair estimates.
Your attorney can investigate the facts of your accident, determine true liability in your case, and explain how your percentage of fault may affect your claim.