Can I Recover Compensation If the Car Accident Was Partly My Fault in Pennsylvania?

If a car accident was partly your fault in Pennsylvania, you may still recover compensation, but your damages could be reduced.

Quick Answer

Yes. You may still be able to recover compensation after a partly-at-fault car accident in Pennsylvania.

Pennsylvania follows a modified comparative-negligence rule. Generally, you may recover damages if your share of responsibility was not greater than the responsibility attributed to the other driver or drivers from whom you seek recovery. However, your compensation may be reduced by your percentage of fault.

If you are found more than 50% responsible, you generally cannot recover compensation from the other driver.

Key Takeaways

• Being partly responsible does not automatically prevent you from recovering compensation.
• Pennsylvania generally permits recovery when your share of fault is 50% or less.
• Your compensation may be reduced according to your percentage of responsibility.
• If you are found more than 50% responsible, recovery is generally barred.
• An insurance company’s initial fault determination is not necessarily the final answer.
• Photographs, witnesses, police information and vehicle damage may help establish how the accident occurred.

How Does Comparative Negligence Work in Pennsylvania?

Pennsylvania’s comparative-negligence law, 42 Pa.C.S. § 7102, recognizes that more than one person may contribute to an accident.

For example, another driver may have run a red light, but you may have been traveling above the speed limit. An insurance company could argue that both drivers contributed to the collision.

Under Pennsylvania law, being assigned some responsibility does not necessarily eliminate your ability to recover compensation. The percentage of fault assigned to each person becomes important.

A Simple Example

Suppose your total recoverable damages were valued at $100,000, but you were found 20% responsible for the accident.

Your compensation could be reduced by 20%, potentially leaving an $80,000 recovery.

If you were found 50% responsible, your potential recovery could generally be reduced by half. If you were found 51% responsible, you generally would not be able to recover from the other driver.

Every accident is different, and the final calculation depends on the evidence, the parties involved and the applicable law.

Who Decides Fault After a Shared-Fault Car Accident?

Insurance adjusters frequently make preliminary decisions about responsibility while investigating a claim. They may review:

• Police reports
• Photographs and video
• Vehicle damage
• Witness statements
• Driver statements
• Traffic signals and roadway markings
• Available electronic or surveillance evidence

An insurance company’s decision is not necessarily conclusive. Drivers, insurers and attorneys may disagree about how an accident occurred and how responsibility should be divided.

That is why you should avoid assuming that you cannot recover simply because an adjuster says you were partly—or primarily—at fault.

What If Several Drivers Caused the Accident?

Comparative-negligence questions can become more complicated when several vehicles are involved.

Responsibility may be divided among multiple drivers. One driver may have followed too closely, another may have changed lanes unsafely, and another may have been speeding.

Identifying every potentially responsible driver and preserving the available evidence can become especially important after a multi-vehicle collision.

What To Do Next

If someone claims you were partly responsible for a car accident:

1. Preserve photographs, videos and vehicle-damage evidence.
2. Save the police-report information and witness contact information.
3. Avoid guessing about speed, distance or other facts you do not remember.
4. Keep copies of all communications from insurance companies.
5. Do not assume an adjuster’s initial fault assessment ends the inquiry.
6. Consider having the accident and available insurance coverage reviewed before accepting a settlement or signing a release.

Speak Directly With The Oakes Firm

If an insurance company claims that you caused part or all of an accident, understanding how Pennsylvania’s comparative-negligence law may apply can help you make informed decisions.

The Oakes Firm — Philadelphia Injury Lawyers

Free car accident consultation. No fee unless there is a recovery.

Call (215) 883-4412

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