Car accidents often result in disputes over fault, but in most states, determining who is at fault is not always a matter of assigning blame to one driver alone. Pennsylvania follows a legal concept known as “comparative negligence,” which allows for shared responsibility in a motor vehicle crash. This system can affect compensation in a personal injury claim, so it is important to understand how this system works.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to determine the degree to which each party involved in an accident contributed to the incident. Under Pennsylvania law, a party who has suffered damages can still recover compensation, even if they are partially at fault, as long as their share of responsibility does not exceed the 50% threshold.
The percentage of fault assigned to each party will directly reduce the amount of compensation that may be awarded. For example, if a person is found to be 30% at fault for the accident, their recoverable damages would be reduced by that amount.
How Does Modified Comparative Negligence Work in Pennsylvania?
Pennsylvania follows a modified comparative negligence system, also known as the “51 percent rule.” Under this rule, a person who is more than 50% responsible for an accident is not eligible to recover damages from the other party.
This approach differs from a pure comparative negligence system, which allows a person to recover compensation regardless of their level of fault, even if it exceeds 50%. In Pennsylvania, once a person’s fault crosses the 50% line, they are barred from receiving any compensation from others involved in the incident.
It is also important to note that comparative negligence can influence how much an insurance company is willing to pay in a settlement. Disputes over fault percentages can lead to lengthy negotiations or litigation.
How Is Fault Determined in a Car Accident Case?
Fault is determined through evidence gathered from the accident. This may include police reports, witness statements, traffic camera footage, photographs from the scene, and damage assessments. Each piece of evidence contributes to a clearer picture of the circumstances surrounding the crash.
Insurance companies and legal representatives review these materials to assign percentages of fault to the parties involved. In some cases, the courts may be called upon to make a final determination when there is disagreement between the parties.
Does Comparative Negligence Apply in Rear-End or Left-Turn Collisions?
Comparative negligence may apply in any type of motor vehicle collision, including rear-end and left-turn accidents. In a rear-end collision, the trailing driver is often presumed to be at fault for not maintaining a safe following distance. However, if the leading driver stopped suddenly without cause or had malfunctioning brake lights, they may also be assigned a share of the responsibility.
Similarly, in left-turn accidents, the turning driver is typically expected to yield to oncoming traffic. But if the oncoming driver was speeding or running a red light, both parties may share some degree of fault.
Why Is Legal Guidance Important in Comparative Negligence Cases?
Claims involving comparative negligence require careful review of evidence and detailed arguments regarding fault percentages. The outcome can significantly affect compensation, and insurance companies may dispute even minor details. Representation by a lawyer with knowledge of Pennsylvania’s legal standards can clarify the relevant issues and support a fair evaluation of the case.
Philadelphia Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Are Ready to Explain Your Legal Options in Dealing With Comparative Negligence
If you were involved in a motor vehicle collision and fault is disputed, the experienced Philadelphia car accident lawyers at McCann Dillon Jaffe & Lamb, LLC are prepared to help. For a free consultation, call us at 215-569-8488 or contact us online. With office locations in Philadelphia and Abington, Pennsylvania, and Wilmington, Delaware, we proudly serve clients in the surrounding areas.