To a point…
Accidents rarely unfold in a simple, black-and-white way. Often, more than one person shares some responsibility. You might be wondering, “Can I still pursue a personal injury claim if I was partially at fault for the accident?” The answer depends heavily on state law. In Pennsylvania, the law provides a clear framework for these situations and, in many cases, still allows injured individuals to recover compensation.
Pennsylvania’s modified comparative negligence rule
Pennsylvania follows a legal standard known as modified comparative negligence. Under this rule, an injured person can pursue compensation as long as they are not more than 50% at fault for the accident. If you are found to be 51% or more responsible, you cannot recover damages.
Here’s how it works:
- If you are less than 51% at fault, you may still bring a claim.
- Your compensation will be reduced in proportion to your share of fault.
For example, imagine you were injured in a car accident and a jury determines your damages are $100,000. If you were found to be 20% at fault because you were speeding slightly, your compensation would be reduced by 20%. That means you would still recover $80,000.
This rule strikes a balance. It ensures people cannot collect damages when they were primarily responsible for their own injuries, but it also prevents minor mistakes from eliminating a victim’s rights entirely.
Why fault isn’t always clear
Determining fault is rarely straightforward. Insurance companies may try to exaggerate your role in the accident to limit or deny payment. For example:
- In a slip and fall case, a property owner may argue you weren’t watching where you were walking.
- In a motor vehicle accident, the other driver’s insurer may claim you were distracted.
- In a workplace accident, an employer might suggest you didn’t follow safety procedures.
These arguments do not necessarily bar recovery under Pennsylvania law. They simply affect the percentage of fault assigned to each party. With strong legal representation, you can challenge unfair claims and present evidence that highlights the true cause of the accident.
Common scenarios where partial fault arises
Partial fault issues come up in many types of personal injury cases. Some common examples include:
- Car Accidents: A driver may have failed to yield, but you may have been driving a few miles over the speed limit.
- Slip and Falls: A store owner may have left a spill unattended, while you may not have noticed the “wet floor” sign.
- Workplace Accidents: A machine may have been defective, but you may not have followed every safety guideline perfectly.
- Pedestrian Accidents: A driver may have been texting, while you may have crossed outside a crosswalk.
In each case, the question isn’t whether you were perfect, but whether you were more responsible than the other party.
The role of evidence in reducing your fault
In Pennsylvania, the outcome of your case often hinges on the evidence presented. Even if you share some blame, your attorney can work to minimize your percentage of fault by presenting strong evidence, such as:
- Accident reports and police investigations that show the other party’s negligence.
- Witness statements that confirm what really happened.
- Surveillance footage or dashcam video that provides an unbiased view.
- Expert testimony from accident reconstructionists, medical professionals, or workplace safety experts.
By building a persuasive case, your lawyer can reduce the percentage of fault assigned to you, ultimately increasing the amount of compensation you may receive.
Why legal representation matters
So, can I still pursue a personal injury claim if I was partially at fault for the accident? As long as you are 50% or less at fault, you may still pursue a claim and recover damages, although your recovery will be reduced in proportion to your responsibility.
The most important step you can take is to speak with an experienced personal injury attorney as soon as possible. With the right legal strategy, you can hold negligent parties accountable and secure the compensation you need to cover medical bills, lost wages, and the pain and suffering caused by your accident.
In Pennsylvania, partial fault does not automatically prevent you from pursuing a personal injury claim. The law recognizes that accidents often involve shared responsibility, and you may still have a strong case. If you’ve been injured, don’t let uncertainty stop you—contact Amil Minora Law today to protect your rights.