Being partially at fault for a serious accident doesn’t automatically disqualify you from recovering compensation against another party. What matters most is the extent of your responsibility. Pennsylvania follows a modified comparative negligence system, which means the percentage of blame assigned to each driver directly affects their ability to file a claim for damages.
To recover compensation when you share blame, your percentage of fault must not be greater than the other party’s. In other words, you must be 50% or less at fault. Beyond that, you cannot file a claim.
It is also crucial to note that the courts will reduce any awarded money in proportion to your contribution to the accident. For example, if the courts find that you are 20% at fault for an accident, you will recover 80% of your awarded damages.
What goes into determining fault?
Assigning fault in car accidents involves looking into police reports, witness statements, traffic camera footage and evidence from the crash scene. Investigations focus on scrutinizing each driver’s actions leading up to the accident to determine who was negligent and to what extent.
Insurance adjusters don’t always get it right, and if you suspect you’ve been unfairly blamed for the accident, you can challenge their determination. Presenting evidence supporting your position and pointing out errors in the initial findings can help in such situations.
You even have the option to take the matter to court if you disagree with the insurer on fault or compensation. If it gets there, a judge or jury will review the evidence and decide each party’s share of responsibility.
Protecting your interests after a crash
Navigating the claims process can become more complicated if you contributed to a crash. Insurance companies may use minor mistakes or false assumptions to heap blame on you and reduce your payout.
However, knowing that you can still pursue meaningful financial remedies if your actions contributed to an accident can be of tremendous relief. This can be particularly reassuring in cases of catastrophic crashes, as the economic and non-economic damages may be enormous. That’s why it’s important to seek early legal guidance to protect your interests and maximize your chances of a fair settlement.