Being involved in a car accident can be a confusing and stressful time, especially when it comes to navigating the legal process to seek compensation. What happens if you are partially at fault for the accident? A common concern for injury victims is whether being assigned responsibility for the crash can impact the value of their settlement.
The simple answer is yes—the value of your settlement can be reduced if you’re found to be partially at fault. Pennsylvania follows a modified comparative negligence system, which means your compensation can be diminished based on your level of fault. However, understanding how this system works, how fault is determined, and how to minimize its impact can make a significant difference in your case.
This blog will unpack the intricacies of Pennsylvania’s comparative negligence laws, explore how fault percentages affect settlement amounts, and highlight the importance of partnering with an experienced injury lawyer to protect your interests.
Understanding Pennsylvania’s Comparative Negligence Laws
What Is Comparative Negligence?
Comparative negligence is a legal principle used to allocate fault among all parties involved in an accident. Under this system, an injured party may still recover damages even if they are partially liable for the accident, but their compensation is reduced proportionally to their degree of fault.
Pennsylvania follows the modified comparative negligence rule, 51% bar, which means:
- You can recover damages if you are 50% or less at fault.
- If you are 51% or more at fault, you are barred from recovering any compensation.
This rule incentivizes fairness by allowing injury victims to recover financial assistance, even when they share some blame for the accident.
Why Does Partial Fault Impact Settlement Value?
Insurance companies and courts use comparative negligence laws to reduce their financial obligations. When calculating a settlement amount, they deduct the percentage of fault assigned to you from the total value of your damages. Recognizing this, insurance companies often strive to assign as much fault to the victim as possible, which makes it critical to build a strong case that minimizes your responsibility.
Example:
- Total damages from the accident (medical bills, lost wages, etc.): $100,000
- Your fault percentage: 20%
- Adjusted compensation after reduction: $100,000 – (20% of $100,000) = $80,000
Thus, the higher your degree of fault, the more significant the reduction in your compensation.
How Fault Percentages Are Determined in Car Accidents
Assigning fault is a complex process that takes into account multiple factors. Here are some of the steps and considerations involved:
1. Analyzing Evidence from the Accident
Fault is often determined based on evidence gathered from the crash, which can include:
- Police Reports: A detailed account of the accident, including any citations issued for traffic violations, can provide crucial insights into fault.
- Witness Statements: Testimonies from people who saw the crash occur can help establish what happened and who was responsible.
- Photos and Videos: Pictures of vehicle damage, the accident scene, and road conditions help in reconstructing the event and determining responsibility.
- Traffic and Surveillance Cameras: Video footage can often show exactly how the accident happened, leaving little room for debate.
2. Interpreting Traffic Laws
Fault is also assessed by examining potential violations of traffic laws. Actions such as running a red light, speeding, following too closely, or failing to yield can all play a role in determining responsibility.
3. Comparing Actions of All Parties
Each party’s behavior before and during the crash is analyzed to decide how much responsibility each of them bears. For instance, one driver may have been speeding, while the other failed to yield, resulting in a shared-fault scenario.
4. Insurance Adjuster Investigations
Insurance companies conduct their own investigations to assess fault. However, they may sometimes exaggerate your level of responsibility to reduce payouts. This is where having skilled legal representation becomes essential.
5. Expert Testimony
Expert witnesses, such as accident reconstruction specialists, can provide detailed, unbiased analyses of how the accident occurred, often swaying fault determinations in your favor.
How Partial Responsibility Impacts Settlement Amounts
When fault is shared among multiple parties, the value of your settlement hinges on your assigned percentage of responsibility. Here’s how this works in practice:
Example 1:
- You were rear-ended at a stop sign. However, evidence shows that your brake lights were not functioning at the time of the accident.
- Total damages (medical expenses, lost wages, etc.): $50,000
- Fault distribution:
- You are found to be 10% at fault for not maintaining your vehicle properly.
- The other driver is 90% at fault for failing to maintain a safe following distance.
- Resulting Settlement Value: $50,000 – (10% of $50,000) = $45,000
Example 2:
- You were involved in a T-bone collision at a four-way stop. It was determined that both you and the other driver failed to yield.
- Total damages: $100,000
- Fault distribution:
- You are 40% at fault.
- The other driver is 60% at fault.
- Resulting Settlement Value: $100,000 – (40% of $100,000) = $60,000
The Importance of Staying Under 51%
If your degree of fault exceeds 50%, you will no longer be eligible for compensation. This makes it critical to present a strong legal argument, supported by evidence, to counter overly high fault assignments.
How an Experienced Injury Lawyer Can Help
Navigating the complexities of Pennsylvania’s comparative negligence laws can be challenging. An experienced injury lawyer can provide the support and expertise you need to minimize fault allegations and maximize your compensation. Here are some key ways a lawyer can help:
1. Gather Critical Evidence
Your attorney will collect and organize all necessary evidence—police reports, medical documentation, eyewitness testimonies, and more—to build a strong case against the at-fault party.
2. Challenge Fault Assignments
If an insurance company unfairly assigns you a disproportionate level of fault, a skilled lawyer can contest their findings, presenting evidence to shift liability back to the other party.
3. Negotiate with Insurers
Insurance companies often try to settle quickly and for as little money as possible. A lawyer with negotiation experience ensures you’re not pressured into accepting a lowball offer that doesn’t reflect your actual damages.
4. Work with Experts
Personal injury attorneys collaborate with accident reconstruction experts, medical professionals, and economists to support your case and calculate accurate damages.
5. Litigate if Necessary
If negotiations fail, your lawyer can take your case to court, advocating on your behalf to secure a just outcome.
At Ciccarelli Law Offices, we specialize in helping accident victims in West Chester, PA, protect their interests and fight for the compensation they deserve.
Take the First Step Toward Fair Compensation
If you’ve been injured in a car accident and are concerned about being partially at fault, don’t leave your settlement’s value to chance. With the right legal strategy and representation, you can minimize the impact of fault findings and secure the compensation you need for your recovery.
Contact Ciccarelli Law Offices today for a free consultation. Our experienced team is here to guide you through the legal process, ensuring that your settlement reflects the true value of your damages.