Partly at Fault in Pennsylvania
Being partly responsible for an accident does not automatically prevent you from recovering compensation in Pennsylvania. The Commonwealth follows a modified comparative negligence rule for negligence claims, which compares the fault of the claimant with the fault of the defendant or defendants.
Under 42 Pa.C.S. § 7102, a claimant can generally recover damages when their negligence is not greater than the causal negligence of the defendant or defendants against whom recovery is sought. Any award is reduced in proportion to the claimant’s percentage of fault. If the claimant’s negligence is greater than the applicable threshold, recovery can be barred.
Pennsylvania Comparative Negligence
For example, if recoverable damages were assessed at $100,000 and the injured person was found 20% responsible, the award could be reduced by that 20% share, subject to the specific facts and law applying to the case.
Fault percentages are often disputed. Insurers may rely on driver statements, police reports, photographs, vehicle damage, witness evidence, video or expert analysis when arguing that an injured person contributed to the accident. You do not have to accept an insurer’s initial allocation of responsibility as the final word.
How Shared Fault Affects Compensation
If shared fault is being alleged, preserve evidence and avoid speculating about responsibility in recorded statements. A Pennsylvania personal injury lawyer can investigate the accident, assess the comparative negligence issue and explain how a potential percentage of fault may affect the claim. The outcome depends on the evidence, so early legal advice can be particularly useful when the parties disagree about how the incident occurred.