Pennsylvania applies a legal doctrine known as “Modified Comparative Negligence” when determining liability in personal injury cases. This system allows individuals to recover damages even if they are partially responsible for a car accident, but it limits recovery based on their level of fault. So how does this work, exactly?
How Does Modified Comparative Negligence Work?
Under Pennsylvania’s modified comparative negligence rule, an injured party can recover compensation as long as they are not more than 50% responsible for the accident. If a person’s fault is determined to be 51% or higher, they are barred from recovering any damages. For those found partially responsible but below the 51% threshold, the amount of damages they can recover will be reduced by their percentage of fault. For example, if you are awarded $100,000 in damages but are found 20% at fault, your recovery will be reduced by 20%, leaving you with $80,000.
This system aims to balance accountability while allowing partially at-fault individuals to still receive some level of compensation. However, proving fault and determining percentages is based on evidence like witness testimony and police reports. It is important to note, though, that Pennsylvania follows a modified comparative negligence system rather than a pure comparative one. In states with pure comparative negligence, individuals can recover damages regardless of their percentage of fault, even if it exceeds 50%.
How Is Fault Determined in Pennsylvania?
Determining fault involves examining the actions of all parties involved in the accident. Insurance adjusters, lawyers, and, in some cases, courts assess the available evidence to assign a percentage of responsibility to each party. Factors that can affect fault determination include whether one party violated traffic laws, acted recklessly, or failed to act with reasonable care. Witness statements,
accident scene photographs and expert testimony can all contribute to the assessment process.
Can Insurance Companies Use Modified Comparative Negligence to Limit Claims?
Insurance companies frequently use the principles of modified comparative negligence to reduce their liability. If an insurer can demonstrate that an injured party shares some fault, it can lower the amount the company is required to pay. This tactic underscores the importance of presenting a strong case with clear evidence. If an injured individual cannot refute claims of shared fault, they risk receiving significantly reduced compensation.
What Challenges Do Plaintiffs Face Under Modified Comparative Negligence?
One challenge plaintiffs may face is gathering sufficient evidence to prove that their percentage of fault is minimal. Without strong documentation, it may be difficult to argue against allegations of shared fault. Additionally, legal disputes may arise over how fault is calculated. Disagreements regarding percentages of liability can prolong the claims process and even lead to litigation.
Understanding these challenges can help injured parties prepare for negotiations with insurance companies or legal proceedings. It is important to act promptly after an accident to preserve evidence and strengthen a claim.
Why Is It Important to Understand Pennsylvania’s Modified Comparative Negligence Rules?
Pennsylvania’s modified comparative negligence rules significantly affect how liability is assessed, and damages are awarded. Individuals involved in personal injury cases must understand how fault impacts compensation to make informed decisions about pursuing a claim. Failing to account for the state’s negligence rules can lead to reduced or denied compensation, even if the injured party has a legitimate claim. For this reason, it is important to build a strong case supported by evidence to demonstrate fault accurately.
Our Experienced Chester County Car Accident Lawyers at Eckell Sparks Help Clients Pursue Fair Compensation for Their Damages
Understanding Pennsylvania’s modified comparative negligence laws is critical after a motor vehicle accident. If you have questions about pursuing compensation, the experienced Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help. To schedule an initial consultation, call our Media or West Chester, Pennsylvania office at 610-565-3701 or complete our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.