I Was Told I Was Partially at Fault For My Accident — Can I Still Get Compensation?

October 15, 2013

A Pennsylvania man was recently arrested for driving under the influence (DUI) and causing a one-car accident that injured his passenger. The car rolled over, coming to rest on its roof and the passenger suffered serious injuries, and had to be pulled from the car. The driver faces DUI charges and was sent to jail on a $25,000 bail.

Unfortunately, accidents cause injuries and damage more often than we may want to believe. In 2012, there were 1,310 deaths and 86,846 injuries in Pennsylvania accidents. Alcohol-related deaths totaled 404. If you were involved in an accident, a level of negligence must be attributed to each involved party to determine how much compensation is awarded in a personal injury lawsuit. Pennsylvania law follows a 51 percent modified comparative negligence standard. This allows you to collect damages caused in an accident even if you are partially at fault.

If you are found to be more than 51 percent at fault for the accident, you cannot receive damages. If you are found to be less than 51 percent at fault, you can receive damages, but the total amount is subtracted by your percentage of fault. For example, if you are found to be 10 percent at fault, you can receive 90 percent of your allotted damages. However, if you are found to be 60 percent at fault, you cannot receive anything.

Insurance companies try to minimize the amount they have to pay accident victims, and they may try to find you more at fault than you are. Talking to an experienced personal injury lawyer who knows Pennsylvania law can help make sure you receive the full amount you deserve for your injuries.