What You Need to Know About Comparative Negligence in Pennsylvania
If you have sustained injuries in an accident in Pennsylvania, understanding the concept of comparative negligence is crucial. Comparative negligence is a legal principle determining how much compensation you can receive if you are partially at fault for an accident. Let’s break down what comparative negligence means and how it might affect your case.
How Does the 51 Percent Rule Work in Pennsylvania?
Pennsylvania follows a modified comparative negligence rule, specifically the 51 Percent rule. Under Pennsylvania’s comparative negligence law:
- You can recover damages if you are less than 51 percent at fault for the accident.
- Your compensation will be reduced by your percentage of liability.
- If a court deems you 51 percent or more at fault, you cannot recover any compensation for your accident-related losses.
For example, if a jury awards you $100,000 in damages because of your injury, but you are found to be 20 percent at fault, the court would reduce your award to $80,000.
Situations When Comparative Negligence Applies
Considering a few hypothetical scenarios can help you better understand how comparative negligence works in practice:
- Rear-end collision – You are stopped at a red light when another driver hits you from behind. However, one of your brake lights was not working. While the other driver is primarily at fault, you might be assigned a small percentage of fault for the non-working brake light.
- Slip and fall – You slip on a wet floor in a store, but there is a “Caution: Wet Floor” sign that you did not notice. The store might bear most of the responsibility, but you could be assigned some fault for not heeding the warning.
- Pedestrian accident – A car hits you while you are crossing the street, but you are jaywalking. The driver might be primarily at fault, but you could be assigned partial responsibility for not using a crosswalk.
Why Comparative Negligence Matters
Understanding comparative negligence is vital because it directly affects the compensation you can receive. Insurance companies often try to assign a higher percentage of fault to the injured party to reduce their payout. As such, having experienced legal representation who can work to reduce or eliminate your liability is crucial.
How Stine & Associates, P.C. Can Help
If you have suffered injuries in an accident, concerns about comparative negligence might make you hesitant about seeking the compensation you deserve. However, you still deserve an opportunity to fight for your rights. At Stine & Associates, P.C., we have been helping accident victims in Western Pennsylvania for over three decades. Our experienced attorneys understand the nuances of comparative negligence law and how to build a robust case on your behalf. We can:
- Thoroughly investigate the accident to gather evidence
- Work with experts to reconstruct the accident and determine who was at fault
- Negotiate with insurance companies to prevent them from unfairly assigning blame to you
- Represent you in court if the insurer refuses to offer a fair settlement
Our experienced team is here to fight for your rights and ensure you receive fair treatment under Pennsylvania law. Let us be your advocates and guide you through this challenging time. Call us today at 1-724-837-0160 or contact us online for a free consultation.