After a car accident, many drivers worry that their own mistakes might prevent them from seeking compensation. A moment of distraction, a misjudgment of distance, or failure to notice a traffic sign can contribute to an accident, yet this does not automatically eliminate the possibility of recovery. Pennsylvania law allows injured parties to pursue damages even when they share some responsibility for what happened, which means that partial fault does not have to mean walking away empty-handed.
What Is Comparative Negligence?
“Comparative negligence” is “a legal principle that allows injured parties to recover damages based on their percentage of fault.” Pennsylvania follows a “modified comparative negligence” rule, which means that plaintiffs can collect compensation as long as they are not more than 50% responsible for the accident. The total award gets reduced by the plaintiff’s degree of fault, so someone who is 30% at fault only receives 70% of the damages.
How Does Pennsylvania Determine Fault in Car Accidents?
“Fault” is determined by examining evidence like police reports, witness statements, traffic camera footage, and accident reconstruction analysis. Insurance adjusters and lawyers review how each driver’s actions contributed to the crash, assigning percentages of responsibility. Pennsylvania courts consider factors like speeding, distracted driving, failure to yield, and traffic violations when making these calculations, which ultimately shape the compensation available to each party.
Can I Recover Damages if I Was 50% at Fault?
Recovery becomes impossible when a plaintiff reaches 51% fault or higher under Pennsylvania’s modified comparative negligence system. At exactly 50%, injured parties may be able to collect half of their total damages. This threshold makes the difference between receiving some compensation and receiving nothing, so accurate fault assessment becomes vital in cases where responsibility appears evenly divided between drivers.
What Types of Damages Are Available After a Car Accident?
“Economic” damages include medical bills, lost wages, property damage, and rehabilitation costs, while “non-economic” damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Pennsylvania law allows recovery for both categories, though the amounts get adjusted based on comparative fault percentages. Some cases may also involve “punitive” damages when a defendant’s conduct was particularly reckless or intentional.
How Do Insurance Companies Handle Shared Fault?
Insurance adjusters often try to assign higher fault percentages to claimants to reduce payout amounts. They may point to any violation or mistake as evidence of primary responsibility, even when other factors played larger roles. Insurers sometimes dispute medical treatment costs or claim that injuries were pre-existing, using “shared fault” as additional justification for lowering settlement offers or denying claims altogether.
What Should I Do After an Accident Where I Might Share Fault?
Gathering evidence at the scene is always a good idea, so take photographs, collect witness contact information, and find out how to obtain a police report. Avoid making statements that admit any responsibility, as these can be used against you later. Seeking prompt medical attention creates documentation of injuries; consider consulting with a lawyer for guidance on how comparative negligence might affect your case.
What if the Insurance Company Offers an Unfair Settlement and Will Not Negotiate?
Filing a lawsuit becomes an option when insurance companies refuse to negotiate reasonable settlements. Pennsylvania law allows injured parties to pursue litigation if settlement discussions fail, which often motivates insurers to reconsider their positions. Our legal team can file a complaint in civil court, where a judge or jury will evaluate the evidence and determine appropriate compensation based on the actual damages suffered.
Our Seasoned West Chester Car Accident Lawyers at Eckell Sparks Can Fight for the Compensation You Deserve
To learn about the compensation you might be entitled to after a crash, contact our West Chester car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.