When you suffer an injury, someone should be held accountable. One of the questions we get regularly is what happens if I am partially at fault for an injury — can I still collect compensation? Comparative negligence laws are confusing, which is why it is helpful to consult with a personal injury lawyer who has an in-depth knowledge of Pennsylvania law.
What is Comparative Negligence?
When you are in an accident and you may be partially to blame, there may be negligence on both sides. An example of this may be when you are involved in a car crash, and you briefly turn to scold a child in the back seat and you do not see another driver pulling into your lane resulting in a crash.
Comparative negligence is most commonly referenced in personal injury law. It is the proportioning of fault to multiple parties. If there are two parties involved, it is the percentage of fault assigned to the two parties.
Understanding Pennsylvania’s Specific Laws and Regulations
Under the statutes of Pennsylvania, if you are deemed to be less than 51% responsible for the injuries you suffer, you can recover damages.
The Role of Comparative Negligence in Personal Injury Cases
When filing a personal injury claim, whether it is for a slip and fall accident, or another type of accident, you should first avoid taking any responsibility at the scene of the accident. However, when speaking with a personal injury lawyer you should explain what role you may have had in the accident.
In personal injury cases where it is found that both parties involved are at fault, the amount of damages may be reduced by the percentage of the victim’s fault.
Key Elements to Consider: Proving Negligence and Establishing Fault
For you to prove that another person acted negligently, you must prove that they owed you a duty of care, that they failed to meet that duty of care, and that because of that failure, you suffered an injury or loss.
To establish such fault you must have proof of all of these elements. In the case of a roadway accident this is how this could work:
- Drivers owe each other a duty of care — anyone operating a motor vehicle owes every driver and pedestrian a duty of care.
- Failure of the duty of care — a driver who was speeding, under the influence, or distracted while driving has not met their duty of care. Police reports can help establish this failure.
- Proving injury or loss — medical bills, repair bills for your vehicle, and other documents can help prove injury and losses.
How Comparative Negligence Affects Compensation
In general, any compensation from an accident involving comparative negligence would be reduced by the percentage of fault of the party who suffered an injury. In the event of an accident involving two parties, each party may bear some responsibility for the injury you suffered. Your attorney can explain these cases to you in more depth.
Let’s assume some of the following:
- You were in a car accident and at the time of the crash you were distracted
- Your total damages (medical bills, car damage, etc. amounted to $100,000
- It was determined you were 25 percent at fault for the accident
In this scenario, the final settlement of $100,000 would be reduced by $25,000 which would mean the maximum amount you could expect in compensation would be $75,000.
Common Misconceptions About Comparative Negligence
There are some common myths about comparative negligence including:
- Myth: If a victim is partially to blame, then they cannot collect compensation — this is not accurate in Pennsylvania. You may still be able to collect compensation for your injuries even if you were partially to blame.
- Myth: Comparative negligence only applies to car accidents — comparative negligence can apply to various types of personal injury cases, including slip and fall accidents, medical malpractice, product liability, and more.
- Myth: Victims rarely win in comparative negligence cases – false. Many plaintiffs still win substantial settlements or verdicts, though their awards may be reduced by their percentage of fault. Comparative negligence aims to ensure fair compensation relative to each party’s level of responsibility.
Significance of Understanding Comparative Negligence Laws
Understanding these laws helps a plaintiff’s attorney strategize their case. When dealing with comparative negligence cases, insurance companies will do everything possible to point fingers at other parties. This is why contacting an experienced personal injury lawyer is very important.
The Importance of Legal Representation When Dealing with Comparative Negligence
No accident victim should assume that because they were partially at fault for an accident they cannot collect compensation. That is why Larry Pitt & Associates offers free consultations to accident victims. We will review the information you provide and help you determine your legal options and rights. You need to work with a skilled attorney who can help you with the insurance and claims process to help you get the most compensation possible for your injuries and losses.
Contact an Experienced Personal Injury Lawyer at Larry Pitt & Associates
If you have been involved in any type of accident resulting in an injury, it is important to contact a personal injury lawyer who has a deep understanding of Pennsylvania laws. As a personal injury law firm, Larry Pitt & Associates can help victims understand their rights and gain an understanding of the proof needed to establish liability and fault.
Our goal is to secure the maximum possible compensation for accident victims, even those who may be partially responsible for an accident.
If you have suffered an injury in any type of accident, contact Larry Pitt & Associates at 1-888-PITT-LAW or request a callback here. A no-commitment, free consultation can help answer your questions.
