Suffering injuries or losing someone you love because of another person’s careless or reckless actions can disrupt every part of your life. Medical bills, lost wages, and long recoveries place unexpected strain on families. During these moments, many people seek accountability and fair financial recovery through Pennsylvania personal injury law. A key part of that process often involves comparative negligence. How comparative negligence works in Pennsylvania personal injury cases influences whether you can recover damages and how much those damages may be.
Having a Pennsylvania personal injury lawyer by your side means someone can explain the law clearly, gather evidence, and push back against insurance companies that want to reduce what they owe. If you or someone you care about is dealing with the aftermath of an accident, you don’t have to go through the claims process alone. Contact a Pennsylvania personal injury lawyer near you today for a free consultation.
Key Takeaways About Comparative Negligence in Personal Injury Cases
- Pennsylvania follows a modified comparative negligence rule where you can recover damages if you're less than 51% at fault
- Your compensation is reduced by your percentage of fault (e.g., 20% fault = 20% reduction in damages)
- Pure comparative negligence was replaced by modified comparative negligence in Pennsylvania in 2011
- Insurance companies often try to shift blame to reduce their payouts
- Having legal representation significantly impacts how fault is determined and damages are calculated
What Is Comparative Negligence in Pennsylvania?
Comparative negligence is a legal rule that decides how damages are shared when more than one person contributes to an accident. Pennsylvania uses a modified comparative negligence rule. That means you can still recover damages if you were partly at fault for your accident, but only if your share of the blame is less than 51 percent. If your percentage of fault reaches 51 percent or higher, you won’t receive any damages.
The 51% Rule Explained
The 51 percent rule prevents someone from recovering damages if they were primarily responsible for their own injuries. For example, if a driver ran a red light but the other driver was speeding, the court or jury might find the red-light runner 70 percent responsible. In that case, the injured driver would not receive compensation.
How Does Fault Get Determined in Pennsylvania Personal Injury Cases?
Determining fault in a Pennsylvania personal injury case doesn’t happen with a single document or statement. Instead, it involves piecing together multiple forms of evidence and applying state negligence law to those facts. The outcome shapes not only whether you can recover damages but also how much of the responsibility is assigned to you and the other parties.
Evidence Used to Establish Negligence
- Police reports: Officers provide initial documentation of the crash or incident, list any citations issued, and sometimes include their impressions of fault.
- Medical records: Treatment notes show the seriousness of injuries and when they occurred.
- Photographs or videos: Visual evidence from traffic cameras, businesses, or bystanders often clarifies what happened.
- Accident reconstruction reports: Specialists may analyze skid marks, impact angles, or mechanical data to recreate how an accident unfolded.
Role of Police Reports and Witness Statements
Police reports often carry weight during early settlement discussions because insurance adjusters rely heavily on them. Witness statements provide additional perspective, especially when they come from neutral third parties. A bystander’s account can add credibility to your version of events when the other party disputes it.
Expert Testimony in Fault Determination
Professionals such as doctors, engineers, or accident reconstruction experts can offer insight into technical aspects of the case. Their testimony might show how an injury was caused, whether safety standards were followed, or how a product defect played a role in the accident. This level of detail helps courts and juries understand aspects of the case that go beyond everyday experience.
Common Misconceptions About Fault Assignment
Many people believe the police officer’s opinion determines fault. While it carries weight, the final decision rests with courts, juries, or through settlement negotiations. Others think their own partial fault automatically prevents recovery, but Pennsylvania’s modified system allows recovery if fault remains under 51 percent.
How Insurers, Courts, and Juries Weigh Evidence Differently
Insurance companies often interpret evidence in a way that favors reducing payouts. An adjuster might highlight minor inconsistencies in a witness statement or emphasize small traffic violations to assign you a higher percentage of fault.
Courts, however, apply stricter rules of evidence and focus on legal standards of negligence. Juries bring another perspective. Jurors consider the same evidence but also draw from personal life experiences, which means they may view behavior differently than insurers or judges. A jury might be more sympathetic to an injured pedestrian who crossed outside a crosswalk if they believe the driver had enough time to stop but didn’t.
What Happens When Multiple Parties Share Fault?
Accidents often involve more than two people or companies. Pennsylvania law addresses these situations with specific rules.
Joint and Several Liability in Pennsylvania
Joint and several liability means more than one defendant can be held responsible for paying damages. However, since 2011, defendants are usually only responsible for their share of damages unless they are found more than 60 percent at fault.
How Damages Are Distributed Among Multiple Defendants
Each defendant pays damages equal to their share of the fault. If a trucking company is found 70 percent at fault and a driver is found 30 percent at fault, each will cover their portion of the damages.
Protecting Your Rights When Others Are Also Negligent
When several parties share fault, insurance companies often argue over percentages. Without strong legal representation, your share of responsibility might be inflated, which lowers your compensation.
Real-World Examples of Shared Fault
Multi-car crashes on icy roads often involve several drivers, each contributing in different ways such as speeding, following too closely, or failing to maintain tires.
Construction accidents also bring multiple defendants into play. A general contractor, subcontractors, and equipment manufacturers might all share responsibility for unsafe conditions.
In medical malpractice cases, a hospital, surgeon, and nurse might each bear a portion of fault for a patient’s injury.
These examples show how complex fault distribution can become when multiple parties are involved.
How Does Comparative Negligence Affect Your Compensation?
Your percentage of fault directly affects the amount of damages you may recover.
Calculating Reduced Damages Based on Fault Percentage
If you’re awarded $100,000 but found 20 percent at fault, you’ll receive $80,000. The percentage of fault reduces the award, and if it exceeds 50 percent, the award disappears completely.
Examples of Compensation Reduction in Real Cases
- A pedestrian jaywalks and is struck by a driver who was texting. If the jury assigns 40 percent fault to the pedestrian and 60 percent to the driver, the pedestrian’s damages are reduced by 40 percent.
- A store customer slips on a spill but was distracted by their phone. If found 25 percent responsible, the damages drop by that percentage.
Impact on Different Types of Damages (Medical Bills, Lost Wages, Pain and Suffering)
Comparative negligence applies to all types of damages. That means reductions affect medical expenses, lost income, and non-economic damages such as pain, suffering, or reduced quality of life. Medical costs often extend far beyond the initial hospital stay. Long-term care, rehabilitation, and follow-up appointments may last for years.
If someone requires assistive devices or home modifications, those costs must also be included. Lost wages extend beyond immediate paychecks. Some injuries reduce the ability to work at the same level or in the same field, leading to lost earning potential over a lifetime.
Comparative negligence affects each of these categories equally, which is why insurance companies fight so hard to shift percentages of fault.
What Are Common Defense Strategies Insurance Companies Use?
Insurance companies often work to reduce their payout by shifting blame to you.
Shifting Blame to Maximize Their Savings
They may argue you ignored warning signs, failed to wear a seatbelt, or contributed in some way. Every percentage point of fault they shift onto you lowers their responsibility.
Challenging the Severity of Your Injuries
Adjusters sometimes claim your injuries were preexisting or not as serious as reported. They may use past medical history to support these arguments.
Disputing Causation Between the Accident and Your Injuries
Another tactic involves claiming the accident didn’t cause your injuries, suggesting other factors played a role. This approach seeks to reduce damages by disconnecting injuries from the incident.
How Pennsylvania's Comparative Negligence Applies to Specific Accident Types
Comparative negligence appears in many kinds of personal injury claims across Pennsylvania.
Car Accidents and Traffic Violations
Drivers may share fault if one runs a stop sign while another was speeding. Each traffic violation contributes to the analysis of percentages.
Slip and Fall Cases on Commercial Property
Property owners must keep areas safe, but injured people may share responsibility if they ignored posted signs or wore unsafe footwear.
Medical Malpractice Claims
Doctors or hospitals may argue that patients failed to follow instructions or delayed treatment, reducing the percentage of damages they must pay.
Product Liability Cases
Manufacturers might claim misuse of a product to reduce their responsibility, even if the product had defects.
How Our Attorneys Can Help
Comparative negligence requires thorough preparation. Our attorneys at The Oakes Firm build strong cases to minimize your share of fault and present clear evidence.
Investigating Your Case to Minimize Your Fault Percentage
We gather accident reports, photographs, and expert opinions to ensure fault is assigned fairly.
Gathering Evidence to Support Your Claim
We collect medical records, interview witnesses, and review company safety policies to strengthen your claim.
Negotiating with Insurance Companies
We push back against adjusters who attempt to shift blame or undervalue injuries.
Representing You in Court When Necessary
If insurers refuse to resolve a claim fairly, we present your case before a judge or jury.
Calculating the Full Value of Your Damages
We consider both immediate expenses and future needs such as ongoing treatment or reduced earning capacity.
Frequently Asked Questions About Personal Injury Claims in PA
Can I still recover damages if I was partially at fault for my accident?
Yes, as long as your share of fault remains below 51 percent. Your recovery will be reduced by your percentage of responsibility. For instance, if you were hit by a distracted driver but you weren’t wearing a seatbelt, a jury might assign you 15 percent fault. You would still recover damages, but your award would be reduced by that 15 percent.
What if I was more than 50% at fault for the accident?
If you are found 51 percent or more responsible, Pennsylvania law prevents you from recovering damages. This rule reflects the principle that those primarily responsible for their own harm shouldn’t shift the financial burden onto others.
How do insurance companies determine fault percentages?
They rely on police reports, witness statements, photographs, and sometimes accident reconstruction. However, insurers often assign more blame to reduce their payouts, which is why your attorney’s involvement matters. Adjusters may interpret evidence narrowly or use industry guidelines to justify percentages that favor them, rather than applying a balanced approach.
Can the fault percentage be changed after it's initially determined?
Yes, fault percentages can shift during negotiations or trial if new evidence emerges or a jury sees the facts differently. For example, video footage that surfaces later might show that the other driver was on their phone, leading to a reassessment of fault.
Does comparative negligence affect all types of damages equally?
Yes, the percentage applies across all categories of damages including medical bills, lost wages, and non-economic damages. If you are awarded $200,000 in total damages and found 25 percent at fault, every category is reduced proportionally.
Contact Our Personal Injury Attorneys in Pennsylvania Now
Pennsylvania law places strict deadlines on personal injury claims. Acting quickly gives your attorney more time to gather evidence, preserve witness testimony, and push back against insurance company tactics.
The Oakes Firm understands how comparative negligence works and how to protect your rights. Our attorneys investigate every detail, challenge unfair blame-shifting, and pursue fair compensation that reflects your injuries and losses.
If you’ve been injured in Pennsylvania, don’t wait. Contact The Oakes Firm today for a free, no-obligation case evaluation.