Can I File a Claim if I Was Partially At Fault in an Accident in Pennsylvania?
If you were injured in an accident that was someone else’s fault in Pennsylvania, you are entitled to just compensation for your accident-related losses. This is true for auto accidents, slips and falls, and all other types of accidents that give rise to personal injury claims under Pennsylvania law.
But what if you are partially to blame for your injuries? If you could—and should—have done something differently to protect yourself, how does this impact your legal rights?
Filing a Claim When You Were Partially At Fault in an Accident
The short answer is, “It depends.” When you get injured in an accident, your rights are determined by Pennsylvania law. Several different laws can come into play, and, in cases involving partial fault, this includes the law of “comparative negligence.” Under Section 7102(a) of the Pennsylvania Statutes:
“In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.”
If you find this confusing, you aren’t alone. Here is a breakdown of what you need to know:
1. Understanding the Basic Concept of Comparative Negligence
We’ll start with an overview of the basic concept of comparative negligence. When two parties are involved in an accident, the law examines each party’s percentage of fault in order to determine their legal obligations and their legal rights. If one party was 100 percent at fault, the outcome in this scenario is clear: The party that was zero percent at fault is entitled to just compensation.
But, when both parties share responsibility for an accident, this is where things get a bit more complicated. In this scenario, determining the parties’ respective legal rights and legal obligations requires an understanding of both (i) each party’s percentage of fault and (ii) the specific type of comparative negligence law that applies.
2. Pennsylvania’s Law of “Modified Comparative Negligence”
Section 7102(a) of the Pennsylvania Statutes is what is known as a “modified comparative negligence” law. This means that it establishes two scenarios with different outcomes depending on whether an accident victim’s negligence was “greater than the causal negligence of the defendant or defendants.” These possible scenarios are:
- The Victim was Primarily At Fault (51 Percent or More) – If an accident victim is deemed to be primarily at fault in an accident, then the victim is not entitled to any financial compensation under Pennsylvania’s modified comparative negligence law. An accident victim will be deemed primarily at fault if his or her percentage of fault is 51 percent or more.
- The Victim was Not Primarily At Fault (50 Percent or Less) – If an accident victim is partially at fault but not primarily at fault, then the victim is still entitled to financial compensation. However, this compensation will be “diminished in proportion to the amount of negligence attributed to the [victim].”
Thus, under Pennsylvania law, one percent can be the difference between securing compensation for your accident-related injuries and recovering nothing at all. Given that this is the case, it is critical to work with an experienced personal injury lawyer who can deal with the insurance companies for you and make sure they do not wrongly blame you for causing your own losses.
3. Calculating Your Damages When You Were Less Than 51 Percent At Fault
If you are deemed 50 percent or less at fault in an accident, the amount of your financial compensation will be reduced based on your percentage of fault. You will still need to carefully calculate the long-term financial and non-financial costs of your injuries (which you should do with the help of an experienced lawyer), and then the appropriate amount will be deducted from the total amount you would otherwise be entitled to receive. For example:
- If you were 10 percent at fault, you would be entitled to recover 90 percent of your losses.
- If you were 25 percent at fault, you would be entitled to recover 75 percent of your losses.
- If you were 50 percent at fault, you would be entitled to recover 50 percent of your losses.
While being partially at fault can significantly reduce the amount of your recovery, you could still be entitled to significant financial compensation. The financial and non-financial costs of accident-related injuries can add up very quickly. With this in mind, even if you think you were partially at fault in your accident, it will still be well worth talking to a personal injury lawyer about filing a claim.
Do Not Assume You Were Partially At Fault!
With all of that said, under no circumstances should you assume that you were partially at fault in your accident. Whether you were involved in an auto accident, slip and fall, or any other type of accident, there is a lot that can go wrong. Even if you think that you made a mistake, it could still very well be the case that your injuries would have happened regardless of what you did (or didn’t do) in the moment. Again, an experienced personal injury lawyer can help you make informed decisions, and we strongly recommend speaking with a lawyer if you have any questions about your legal rights.
Discuss Your Accident Claim with an Experienced Personal Injury Lawyer for Free
If you have questions about filing a claim after an accident in which you may have been partially at fault, we encourage you to contact us promptly for more information. With offices in Allentown, Bethlehem, Doylestown, Easton and Stroudsburg, we handle accident claims statewide. To speak with an experienced personal injury lawyer at Drake, Hileman & Davis, PC for free, call 888-777-7098 or request an appointment online today.