Pennsylvania’s comparative negligence law permits recovery if you are partially at fault for an accident. However, your compensation will be reduced by your proportion of liability. As an accident victim, any reduced compensation can be insufficient, especially if you have bill collectors breathing down your neck.
At Silverman Tokarsky & Forman, L.L.C., we know that the insurance company is only interested in its bottom line, not your well-being. That is why our Pennsylvania personal injury attorneys are prepared to offer you guidance during this painful time, while working tirelessly to help you obtain maximum compensation.
Determining Fault in a Pennsylvania Crash
Car accidents center around proving another person’s accountability for their carelessness. Successful recovery involves establishing the following elements of negligence:
- Duty of care: Motorists have a duty to follow the rules of the road, including traffic rules and regulations.
- Breach of duty: The defendant’s failure to uphold this duty can occur through an act or omission. Common examples in a car accident include speeding in a school zone, running a red light, or failing to yield.
- Causation: You must draw the causal link between the defendant’s conduct and your injuries.
- Damages: A valid car accident claim involves establishing your losses, or damages. Common damages include hospitalization costs, lost wages, and pain and suffering. If you did not sustain damages, you cannot file an insurance claim or take legal action.
What is Comparative Negligence?
According to 42 Pa.C.S. §7102, a plaintiff is entitled to legal recovery if they are 50% or less at fault in a personal injury or accident. Nonetheless, your damages will be reduced by your portion of fault. For example, if you file a bodily injury claim for $20,000 (the cost of medical bills and lost income), but you are found 40% responsible, you will only be entitled to 60% of $20,000, or $12,000. With a growing stack of medical bills and no source of income, this provides little relief.
What if I Am at Greater Fault Than the Defendant?
If you are deemed 51% or more at fault, then you will be barred from recovery. This means that insurance will deny your bodily injury claim or property damage claim. Being assigned at least 51% liability will leave you with fewer recovery options, forcing you to submit your medical bills through your health insurance. In this case, deductible limits and co-pays will apply.
Bear in mind that if you are filing a third-party claim (claim with the at-fault driver’s insurance), the insurer will tend to inflate your liability. That is where our legal team can be of service. Our team of legal professionals is aware of what tricks insurance may have up its sleeves. Our legal team will review the facts to determine if the insurance’s liability assessment is accurate. If it is not, we know what steps to take to highlight the other driver’s liability.
Contact Our Pennsylvania Personal Injury Lawyers At Your Earliest Convenience
Another person’s momentary lapse in judgment can have long-lasting consequences. At Silverman Tokarsky & Forman, L.L.C., we know exactly what emotional, physical, and financial hurdles you are dealing with following a collision. If you are ready to defend your rights, contact our Pennsylvania personal injury attorneys online or by phone at (814) 536-8600 to schedule your confidential consultation.
