Understanding Comparative Negligence in Pennsylvania
If you were hurt in an accident, but you think you might share some of the blame, you’re probably wondering: Can I still sue? Will anyone take my case seriously? The short answer is: Yes, you may still be able to recover compensation. Pennsylvania follows a legal principle called comparative negligence, which means fault can be shared—and so can the outcome.
What Is Comparative Negligence?
Comparative negligence is a legal rule that assigns a percentage of blame to each party involved in an accident. Rather than treating fault as all-or-nothing, the court looks at how much each person contributed to what happened. If you’re less than 51% responsible, you may still recover compensation—though it could be reduced based on your share of the fault.
Example:
Let’s say you were in a car accident and the other driver ran a red light. But you were speeding at the time. A jury might decide the other driver was 80% at fault and you were 20% at fault. If you were awarded $100,000, you’d still receive $80,000 (because your compensation is reduced by your 20% share of the blame).
When Does This Come Up?
Comparative negligence applies in many types of personal injury cases, including:
- Car accidents
- Slip and fall injuries
- Bicycle and pedestrian accidents
- Workplace injuries (when a third party is involved)
Insurance companies often try to shift more blame onto injured people to lower their payout. That’s why having a knowledgeable attorney matters—it helps ensure your role is accurately represented.
What If I’m More Than 50% at Fault?
If you’re found to be 51% or more at fault, you typically can’t recover compensation under Pennsylvania law. This is known as “modified comparative negligence.” It’s different from states that allow some recovery even if you’re mostly at fault.
How Is Fault Determined?
Fault can be determined in a few ways:
- Police reports and accident documentation
- Witness statements
- Expert analysis or accident reconstruction
- Surveillance or dash cam footage
- Medical and property damage reports
Your attorney will investigate thoroughly to build your case and challenge any unfair claims about your level of responsibility.
What Should I Do After an Accident If I Might Be Partially at Fault?
- Stay quiet about fault. Don’t apologize or admit blame at the scene.
- Document everything. Take photos, gather witness names, and request copies of police reports.
- Get medical attention. Even if you feel okay, seeing a doctor right away helps document injuries.
- Contact an attorney. A personal injury lawyer can help protect your rights, especially if your level of fault is unclear.
Why Choose Valsamidis Law?
At Valsamidis Law, we understand that accidents are rarely black and white. If you were hurt—even if you made a mistake—you deserve a chance to be heard. We’ll fight for the compensation you deserve while helping you navigate Pennsylvania’s complex legal system.
Injured but Not Perfect? You Still Have Options.
If you were involved in an accident and think you may be partially at fault, don’t assume you’re out of luck. Contact Valsamidis Law for a free consultation. We’ll help you understand your rights, evaluate your case, and work to get you the compensation you’re entitled to.