With busy roadways, a brutal rush hour around the biggest cities, massive highways, plus heavy traffic thanks to tourism, it is no surprise that Pennsylvania has so many car accidents. If you’ve been in a car crash, you know this all too well.
In nearly every car accident that happens, someone is at fault. In Pennsylvania, drivers cause nearly 90% of all accidents. The other 10% are pedestrians and others who aren’t driving. When the other driver is entirely at fault for your car accident, the result is usually predictable. In a case like that, the other driver will pay for your property damage, medical bills, lost wages, and any other accident-related losses, most likely through their auto insurance company. But car accidents aren’t always so simple. What happens if you were partly at fault for the crash? This is a question usually posed to an accident attorney in Pittsburgh.
Pennsylvania’s Modified Comparative Fault Rule
The Commonwealth of Pennsylvania follows a modified comparative fault rule that comes into play when more than one party is found to share blame for an accident. Under this modified comparative fault rule, your damages get reduced by a percentage equal to your share of the fault. However, if you’re found to be more than 50% at fault for the accident, you can’t collect any damages according to 42 Pa. Cons. Stat. § 7102(a) (2023).
It’s helpful to look at an example to fully understand what this rule means and how it applies to your situation. Let’s say your car accident case goes to trial and a jury decides your total compensation award should be $500,000. This figure includes your vehicle damage, medical bills, lost income, and any other noneconomic damage your lawyer fought for, like pain and suffering. That’s the good news. The not-so-good news is that the jury also decided you were 25% responsible for the accident because you were speeding.
Under Pennsylvania’s modified comparative fault rule, you’re entitled to 75% of the $500,000 total damages, or $375,000. If the jury had found you to be 50% at fault for the car wreck, you’d collect $250,000 of the total damages. That’s where it stops. If the jury found you to be 51% or more at fault, you’d collect nothing.
Car accidents often leave victims with more questions than answers. Since Pennsylvania is a no-fault insurance state, one of the most common questions car accident victims have is whether or not they have a right to sue for a car accident they caused. The answer is yes, as long as the car accident wasn’t more than 50% of their fault. If you’re concerned that your share of the fault for an accident will reduce your settlement amount, we recommend you get in touch with a Pennsylvania car accident lawyer right away. This professional will help you find the answers to all of your questions.
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