When a vehicle accident occurs in Pennsylvania, one of the first things that will be asked is – Who caused the accident? While this may seem like a straightforward question and answer, car accidents are complicated, and there are times when more than one person contributed to the crash. It is important to understand the idea of “joint and several liability” in Pennsylvania and how this can affect those involved in an accident.
What does “joint and several liability” mean?
Prior to a Pennsylvania law change in 2011, if more than one person were determined to be at-fault for a crash, then each party would be held potentially responsible for all of the damages awarded in a jury verdict, regardless of how much they contributed to the incident. Let us use a three-car collision as an example.
Suppose car “A” gets into a crash that is caused by cars “B” and “C.” During a trial, the jury determines that the driver of car “A” should be awarded $100,000 in damages. The jury also determines that car “B” was 90% responsible for the crash, and car “C” was 10% responsible for the crash. However, car “B” only has $15,000 in liability coverage. Under the old law in Pennsylvania, driver “A” would receive $15,000 from “B” and $85,000 from “C,” even though “C” was only 10% responsible for the crash.
Driver “A” would collect the full amount of the jury verdict award.
Under the new 2011 “joint and several liability” law, any defendant in a case will only be responsible for their proportionate share of the jury verdict. Following the same example that we just used, driver “A” would receive $15,000 from “B.” While “B” was 90% responsible for the crash and should have to cover $90,000, their liability coverage was only for $15,000. In this case, “A” would also receive $10,000 from “C,” because they were 10% responsible.
Driver “A,” under Pennsylvania law, would receive $25,000, much less than the $100,000 awarded by the jury.
How comparative negligence works in Pennsylvania
There are several other factors that go into car accidents in Pennsylvania, and you should certainly speak to an attorney when there are multiple parties involved or when liability is questioned. Even if a car accident injury victim is partially responsible for the incident, the comparative negligence laws in Pennsylvania still allow them to recover compensation so long as they were less than 50% responsible for the incident. However, the total amount of compensation they receive will be reduced based on their percentage of fault. Comparative negligence laws, in combination with “joint and several liability” laws, can turn car accidents into incredibly complex cases.
Contact an attorney about your case today
If you or somebody you love has been injured in a car accident and there is a question about liability, you need to speak to a qualified personal injury attorney as soon as possible. At the Ciccarelli Law Offices, our Pennsylvania car accident lawyers are going to thoroughly investigate your case so we can properly determine liability and secure the compensation you are entitled to. This includes coverage of your medical bills, lost wages, pain and suffering damages, and more. Do not waste time protecting yourself after these accidents, because you can be sure that the other party involved is going to try to blame you for the incident. You can contact us for a free consultation of your case by clicking here or by calling 215-228-0100.