Who’s At Fault? The Complexity of Personal Injury Claims
The worst-case scenario happens: You’ve become involved in an accident that resulted in injury. In addition to dealing with potential health issues, you also have to contend with the finger-pointing involved in determining fault in an accident.
In personal injury cases, the person who is at fault is legally responsible for the incident or liable. This is determined in most cases by whether the person acted negligently or carelessly and whether their actions caused harm to another person. The legal concept of negligence is based on the idea that people must act in a way that doesn’t injure others. If failure to do so results in another person being injured, then the person who failed is liable for the consequences.
How fault is determined in court
In court, the plaintiff must prove liability to win their case. For example, if a car accident caused the injury, the driver who was at fault through negligence or recklessness could be found liable. That person is then responsible for any damages. In some cases, comparative fault may be used to assign a percentage of responsibility to different parties. For example, if the plaintiff is partially at fault, they may still be able to recover, depending on the state’s laws.
Liability is usually assigned to the driver in an auto accident, but the vehicle owner may also be held responsible. For example, in rear-end collisions, Pennsylvania typically assumes the rear driver is at fault. This is because they may have been speeding, driving too close to the car in front of them, or distracted. Other examples of negligence include driving under the influence or not following traffic rules. Basically. doing something that a reasonable person would not do.
Modified comparative negligence laws
Pennsylvania uses modified comparative negligence laws, which allow investigators to assign fault to multiple people involved in an accident. The driver who is more than 50% responsible is held liable and cannot recover damages. In three-way accidents, if all drivers are equally at fault, no one may be able to receive compensation.
If a case goes to court, an attorney will present evidence of fault. The defense will counter with their evidence. The judge or jury will then come to a verdict. If they rule in the plaintiff’s favor, they will determine how much the plaintiff is entitled to recover.
However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% at fault and your total damages amount to $100,000, you will only receive $70,000.
Another similar example would be if Sarah is driving slightly over the speed limit. John runs a red light and crashes into her car. The court determined that Sarah was 20% at fault for speeding, while John was 80% for running the red light. If Sarah’s total damages are $100,000, she would be eligible to receive $80,000 (the total damages minus her 20% fault).
Factors influencing fault determination
Several factors come into play when determining fault in personal injury cases. These include:
Duty of Care: Every individual must act reasonably and avoid causing harm to others. For instance, drivers must follow traffic laws, and pedestrians must use crosswalks.
Breach of Duty: If someone fails to fulfill their duty of care, they may be considered negligent. For example, a driver running a red light or a property owner failing to fix a hazardous condition.
Causation: It must be proven that the breach of duty directly caused the injury. For instance, if a driver runs a red light and hits a pedestrian, the driver’s actions directly cause the pedestrian’s injuries.
Damages: The injured party must have suffered actual damages, such as medical expenses, lost wages, or pain and suffering.
Applying Pennsylvania law
Under Pennsylvania law, the comparative negligence system follows the “51% rule.” This means that if you are found to be more than 50% at fault for your injury, you cannot recover any damages. However, you can still recover damages if you are 50% or less at fault. Your percentage of fault will reduce them.
Determining fault in personal injury cases involves various factors and legal principles. In Pennsylvania, the comparative negligence system allows for allocating fault among multiple parties, which can impact the compensation you receive. By understanding the factors that influence fault determination and how Pennsylvania law applies, you can better navigate the legal process and protect your rights.
Seeking legal help
If you’ve been injured in an accident, don’t hesitate to seek legal advice. An experienced attorney like Amil Minora can help you navigate the complexities of the fault and work to recover the compensation you deserve.
Remember, determining fault is often a complex issue in personal injury cases. Understanding the factors involved and seeking qualified legal help can increase your chances of a successful outcome.