Auto accidents can leave victims facing physical injuries, emotional distress, and significant financial burdens. Understanding how comparative negligence laws work in Pennsylvania is crucial for anyone involved in a collision. These laws can directly affect how much compensation you receive for your injuries and damages. This blog will explain Pennsylvania’s comparative negligence rules, how they influence auto accident claims, and why having a skilled attorney from van der Veen, Hartshorn, Levin & Lindheim is essential when navigating this complex legal landscape.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to determine how fault is divided among all parties involved in an accident. In Pennsylvania, this means that if you are partially responsible for an accident, your compensation can be reduced by the percentage of fault assigned to you.
For example, if you are found to be 20% at fault for an accident, your total compensation will be reduced by 20%. This system ensures that everyone involved is held accountable for their actions, but it also means that proving fault—or disproving allegations of fault—is critical to the outcome of your claim.
Pennsylvania’s Comparative Negligence Law: 51% Rule
Pennsylvania follows a modified comparative negligence system, often referred to as the “51% rule.” Under this law, you can recover compensation for your damages as long as you are 50% or less at fault for the accident. However, if your fault exceeds 50%, you are barred from recovering any compensation.
This distinction makes it imperative to understand your level of responsibility in an accident. Insurance companies often attempt to assign more blame to victims to reduce their payouts, which is why having an experienced Pennsylvania auto accident attorney to advocate for you is essential.
How Fault is Determined in Pennsylvania Auto Accidents
In Pennsylvania, fault is determined by examining the specific circumstances of the accident. Evidence such as police reports, witness testimony, traffic camera footage, and expert analysis is used to assess who contributed to the crash. Factors like distracted driving, speeding, failure to obey traffic signals, and improper lane changes are commonly reviewed.
Insurance adjusters often play a significant role in determining fault, but their evaluations may not always be fair. Without legal representation, you risk being assigned more blame than you deserve, which could drastically reduce your compensation or prevent you from recovering damages entirely.
How Comparative Negligence Affects Compensation
Let’s say you are involved in a car accident and are awarded $100,000 in damages. If you are found to be 30% at fault for the collision, your compensation would be reduced by 30%, leaving you with $70,000.
However, a fact finder, Judge, Jury or Arbitrator finds your fault exceeds 50%, you would be barred from receiving any compensation. This underscores the importance of strong legal advocacy to challenge inflated fault percentages and to ensure your rights are protected.
Common Scenarios Where Comparative Negligence Comes Into Play
Comparative negligence frequently arises in Pennsylvania auto accident claims. Below are a few scenarios where partial fault might be assigned:
- Left-Turn Accidents: A driver making a left turn may be partially at fault if they failed to yield, but the oncoming driver could also share fault for speeding or running a red light.
- Pedestrian Accidents: While drivers are expected to exercise caution, pedestrians can be assigned fault if they don’t cross in the crosswalk or ignore traffic signals.
In each of these situations, comparative negligence laws can reduce your compensation if you are found partially at fault. A knowledgeable attorney can help minimize your percentage of fault to maximize your financial recovery.
The Role of Evidence in Proving Fault
To navigate comparative negligence effectively, gathering and presenting evidence is crucial. Here are some types of evidence that can strengthen your case:
- Accident Scene Photos: Pictures of vehicle damage, skid marks, and traffic signs can help reconstruct the events.
- Witness Statements: Independent witnesses provide unbiased accounts of what occurred.
- Medical Records: Documenting your injuries establishes the physical toll of the accident.
- Expert Testimony: Accident reconstruction specialists can provide professional analysis to clarify fault.
An experienced attorney can collect, preserve, and present this evidence in a way that strengthens your case and reduces your assigned percentage of fault.
Why You Need an Auto Accident Attorney in Pennsylvania
The intricacies of comparative negligence laws make it challenging to handle an auto accident claim without legal representation. Insurance companies have teams of adjusters and attorneys working to protect their bottom line, often at the expense of your rightful compensation.
A Pennsylvania auto accident attorney from van der Veen, Hartshorn, Levin & Lindheim can:
- Thoroughly investigate your case to determine the true extent of fault.
- Challenge unfair fault assignments by insurance companies or opposing attorneys.
- Negotiate aggressively for the maximum compensation available.
- Represent you in court if a fair settlement cannot be reached.
When you work with our firm, you’re not just hiring a lawyer—you’re gaining an advocate who understands the emotional, physical, and financial toll an accident can take on your life.
Don’t Let Comparative Negligence Laws Stop You from Seeking Justice
Many victims are hesitant to pursue a claim if they believe they share partial fault for an accident. However, Pennsylvania’s comparative negligence system is designed to ensure that victims can still recover compensation, even if they bear some responsibility. The key is to act quickly and consult an experienced attorney who can help you navigate this complex process.
Contact van der Veen, Hartshorn, Levin & Lindheim to File a Personal Injury Claim After a Philadelphia Auto Accident
At van der Veen, Hartshorn, Levin & Lindheim, we are committed to helping auto accident victims in Philadelphia, Montgomery County, Bucks County, and throughout Southeastern Pennsylvania understand their rights under comparative negligence laws. Whether you’re a driver, passenger, pedestrian, or cyclist, we have the knowledge and experience to guide you through the legal process and fight for the compensation you’re seeking.
Don’t face this challenging time alone. Contact us today at 215-486-0123 to schedule a free consultation and let us help you take the first step toward justice and recovery.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information provided is general in nature and may not apply to your specific situation. For personalized legal guidance, please consult an experienced attorney at van der Veen, Hartshorn, Levin & Lindheim.