Accidents aren’t always clear-cut. In many situations, more than one person could be at fault. Understanding how fault is determined and how it affects your ability to recover compensation is an important part of any personal injury case.
Pennsylvania has a rule called modified comparative fault, which plays a critical role in determining how much money you can recover after an accident.
What Is Modified Comparative Fault?
Modified comparative fault is a legal rule that decides how to split financial responsibility when multiple parties share blame for an accident. It doesn’t mean you’ll be unable to recover compensation altogether—only that the amount you receive may be reduced based on your share of the blame.
How It Works in Pennsylvania
Under Pennsylvania’s modified comparative fault rule, you can recover damages if you’re less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
For example, let’s say you’re in a car crash and file a claim for $100,000, but the jury deems you 30% responsible because you were speeding. This means that your financial award would be reduced to $70,000 to account for your degree of blame.
On the other hand, if you’re found to be 51% or more responsible, you wouldn’t be able to collect anything under Pennsylvania law.
What Are Some Examples of Personal Injury Cases That Are Affected by Comparative Fault?
This rule doesn’t just apply to car accidents—it can come into play in all kinds of injury cases, including:
- Motorcycle accidents
- Slips and falls
- Pedestrian accidents
- Truck crashes
- Workplace injuries involving third parties
In short, comparative fault is almost always part of the conversation if fault is disputed by the insurance company. That’s why it’s so important to have an attorney who knows how to protect you from unfair blame.
What Evidence Can Be Used to Determine Fault?
Fault isn’t always obvious, and it’s not something you and the other side may agree on. In most cases, it’s decided based on the available evidence. This might include:
- Police reports
- Photos or video footage from the scene
- Witness statements
- Medical records
- Reconstruction of the accident
- Your own testimony
During settlement talks, an insurance adjuster might try to assign you a share of the blame to justify offering less than you deserve. If your case goes to trial, a jury will decide who was at fault after hearing all the evidence.
Whether it’s an adjuster or a jury, the outcome isn’t always fair—especially when the other side is focused on protecting their own bottom line. That’s why it helps to have someone on your side who’s looking out for you and making sure your voice is heard.
Examples of Comparative Fault in Real Life
Here are a few situations where comparative fault often comes into play:
Car Accidents
Suppose you were in a car accident after another driver ran a red light, but you were going 15 mph over the limit. The other driver may be partially to blame, but your speeding may have contributed to the accident as well.
Slip and Fall Accidents
Suppose you slipped on a wet floor at the store but were glancing at your phone and didn’t notice the spill. The store might argue that you weren’t watching where you were going and share some of the fault with you.
Bicycle Accidents
Suppose you were riding your bike when a driver hit you. However, you weren’t in the designated bike lane at the time of the accident. While the driver may be primarily at fault, they might argue that your position on the road contributed to the accident.
In each of these cases, you may still be eligible for compensation—as long as you’re not found mostly at fault.
What if I’m Not Sure Who’s to Blame?
Most people aren’t thinking about percentages of fault right after an accident. If you’re injured, your focus is on getting medical care, missing work, and trying to figure out what happens next. Don’t let anyone—especially the insurance company—tell you your case isn’t worth pursuing just because you might be partially at fault.
Talk with an experienced lawyer. Your attorney will look at the full picture and give you an honest opinion about your chances of recovering compensation.
Contact Marzzacco Niven & Associates for a Free Consultation With a Pennsylvania Personal Injury Lawyer
If you were hurt in an accident and think you might share some of the blame, we’re here to help. At Marzzacco Niven & Associates, we will never pressure you to move forward with your case unless it’s in your best interest.
Call us today for a free consultation with an experienced Pennsylvania personal injury lawyer who knows how to win tough cases. We’ll answer your questions, explain your rights, and help you figure out the next steps.