If you’ve been injured in an accident but think you might be partially to blame, you’re not alone—and you’re not out of legal options. Pennsylvania personal injury law recognizes that fault isn’t always black and white. Thanks to Pennsylvania’s modified comparative negligence rule, you may still be eligible to recover compensation, even if you share some of the blame.
In this blog, we break down what partial fault means, how it affects your personal injury claim in PA, and what steps you should take next.
Understanding Comparative Negligence in Pennsylvania
Pennsylvania follows a modified comparative negligence system. This means:
- You can recover damages if you are 50% or less at fault.
- Your compensation is reduced by the percentage of fault assigned to you.
- If you’re found to be more than 50% at fault, you cannot recover damages from the other party.
Example:
Let’s say you’re awarded $100,000 in a car accident lawsuit but are found to be 30% responsible for the accident. Your compensation would be reduced by 30%, leaving you with $70,000.
Common Scenarios Where Partial Fault Applies
- You were rear-ended but your brake lights weren’t working.
- You slipped and fell in a store but were looking at your phone at the time.
- You were in a crosswalk but jaywalked at a red light.
These situations don’t automatically bar you from recovery. What matters is how the fault is distributed and how well you present your case.
How Fault Is Determined
Fault is typically established through a combination of:
- Police reports
- Witness statements
- Surveillance footage
- Expert testimony (accident reconstruction, medical opinions)
Insurance companies will attempt to shift as much blame onto you as possible to minimize their payout. This is why working with an experienced personal injury attorney is critical.
Why Legal Representation Matters More When You’re Partially At Fault
When your own actions are in question, having skilled legal representation becomes essential. An attorney can:
- Challenge exaggerated claims of your fault
- Negotiate for a fairer percentage split
- Build a strong case using evidence and expert testimony
- Maximize your financial recovery
At Jensen Bagnato, P.C., we handle complex injury cases every day, including those involving shared fault. Our team understands how to navigate Pennsylvania’s comparative negligence system to protect your rights.
What to Do If You Think You’re Partially at Fault
- Don’t admit fault at the scene.
- Collect evidence: photos, witness info, police report.
- Seek medical attention immediately and document all injuries.
- Consult a personal injury attorney before speaking to insurance adjusters.
We Can Help You Understand Your Legal Rights
Being partially at fault doesn’t mean you have to suffer without compensation. At Jensen Bagnato, our legal team offers free consultations and can evaluate your case with no obligation. You have legal options—let’s fight to make sure they’re protected.