Car accidents are chaotic, and it’s not uncommon for more than one party to share some blame. If you’ve been in a crash in Pennsylvania and believe you were partly at fault, you might be wondering: Can I still sue for damages?
The short answer is yes, but how much you can recover depends on Pennsylvania’s comparative negligence laws.
Understanding Comparative Negligence in Pennsylvania
Pennsylvania follows a modified comparative negligence rule, which means you can still recover damages as long as you are not more than 50% at fault. If you’re found to be 51% or more responsible, you’re barred from recovering any compensation.
Here’s how it works:
- If you are 20% at fault, your compensation will be reduced by 20%.
- If a jury awards you $100,000 but finds you 30% at fault, you would receive $70,000.
- If you’re 51% at fault, you get nothing under state law.
Why This Matters for Your Claim
Insurance companies often try to shift blame to reduce what they pay. That’s why having a personal injury lawyer is critical, especially when fault is disputed. A strong legal strategy can minimize your assigned liability and maximize your compensation.
Common Shared Fault Scenarios
Some typical examples where both drivers may share blame:
- Rear-end accidents where the lead car stopped suddenly.
- Intersection crashes where both drivers claimed the right of way.
- Merging accidents involving unclear signaling or speeding.
What to Do if You Think You Share Fault
- Don’t admit blame at the scene.
- Document everything – take photos, get witness contact info, and secure a copy of the police report.
- Speak to a lawyer before dealing with any insurance adjusters.
Let Jensen Bagnato Fight for Your Fair Compensation
Even if you think you might be partially at fault, you still have rights. At Jensen Bagnato P.C., we understand Pennsylvania’s negligence laws and know how to build cases that protect your interests.
Schedule a free consultation today and let our experienced team assess your case and help you move forward.