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Pennsylvania Comparative Negligence: How This Rule Can Affect Your Personal Injury Case

Personal injury cases can be incredibly complex, but although every case is different, whether someone receives compensation is always dependent on being able to prove who was at fault. 

Proving fault in a personal injury case may seem straightforward. However, the idea of comparative negligence in Pennsylvania personal injury cases can make predicting a compensation outcome significantly more complicated. 

So, what is comparative negligence, and how might it affect your personal injury case?

What Is Comparative Negligence?

Comparative negligence is a legal principle used to determine financial recovery when more than one party is responsible for an accident. 

This is essentially a way to guarantee that no party on either side is held completely responsible if all parties involved in an accident share at least some liability. 

Unlike contributory negligence, where even a tiny amount of fault could prevent an injured victim from receiving compensation, comparative negligence still allows a victim to recover personal injury damages even if they share some responsibility.

Is Pennsylvania a Comparative Negligence State?

Not all states in the US are comparative negligence states, but while Pennsylvania most certainly is, comparative negligence here works a bit differently than it does in many other similar states. 

Pennsylvania follows a modified comparative negligence system, where an injured party is only eligible to recover compensation if they are less than 50% responsible for the accident. Even if you are deemed one single percent more at fault, you will be completely barred from receiving compensation under this system. 

This essentially means that even the smallest shift in fault can be the difference between getting just compensation and getting nothing, making the collection of strong evidence and professional legal representation essential.

Pennsylvania Comparative Negligence Statute Explained

The law governing this rule is set forth in the Pennsylvania comparative negligence statute, found in 42 Pa. C.S.A. § 7102, but while the language can be challenging for non-legal experts to understand, it’s not a particularly difficult rule to understand. 

This law states that each party will be assigned a specific percentage of fault, based on the evidence and their actions before, during, and after the accident. Then, if there is more than one party at fault, each party will only pay for the damages they are responsible for.. 

Insurance companies know this statute well and often use it to minimize payouts as much as possible, so understanding these rules yourself and securing expert legal representation is key to making sure that you get the compensation you deserve.

How Comparative Negligence Affects Compensation

Under Pennsylvania’s modified comparative negligence system, the compensation that a victim receives depends on their specific level of fault. If the victim is not at fault, then they will receive the full amount of damages. On the other hand, if they are somewhat responsible for the accident, the amount of compensation they receive will be lower. 

For example, let’s imagine a scenario where the total amount of damages in a case is $100,000 and the victim is 20% responsible for the accident. Instead of receiving the full amount of compensation, they would only receive $80,000, or 20% less than the full amount. 

Keep in mind that this only works up to 50%. If a victim holds 51% of the fault, then they won’t recover 49% of the damages. Instead, they will receive no compensation at all.

Practical Examples of Comparative Negligence in Common Personal Injury Cases

Fully understanding this concept can be difficult, so if you are still unsure of how comparative negligence works in Pennsylvania, here are some simple, practical examples to help. 

Example 1: Car Accident

Let’s imagine that a reckless driver hits another driver while running a red light. However, the injured driver was traveling slightly over the speed limit. A jury may find them 15% at fault. If the damages are $200,000, the recovery would be 85% of that, or $170,000.

Example 2: Slip and Fall

Suppose a customer falls in a store with wet floors and no warning signs. The business argues that the injured person was distracted by their phone. If the customer is 40% at fault, they can still recover 60% of damages. However, if fault reaches above 51%, Pennsylvania comparative negligence prevents recovery entirely.

Why Determining Fault Can Be Complex

Determining fault in these kinds of cases can be incredibly complex for multiple reasons, the first of which is the insurance companies on the other side of the negotiating table. 

These companies don’t stay in business by handing out maximum payments. Instead, they will do everything they can to make sure that the victim receives as little compensation as possible. 

The good news is that our legal system prioritizes evidence above all else. Establishing fault often requires evidence like: 

  • Witness statements
  • Surveillance footage
  • Expert accident reconstruction analysis
  • Medical documentation

All of these key pieces of evidence and more can help you prove your claims so that you get the just amount of compensation according to Pennsylvania state law.

How an Experienced Personal Injury Attorney Can Help

While comparative negligence ensures that every personal injury case has as fair an outcome as possible, it also makes finding an experienced lawyer to represent you even more important. Here at HoeyLegal, we understand this better than anyone, and we’ll always fight for you to the very end. 

Here are just a few of the many ways that we can help.

  • Conducting thorough investigations
  • Gathering expert testimony
  • Aggressively negotiating with insurance companies
  • Taking the case to trial when necessary
  • Working to minimize your share of fault to maximize compensation

When it comes to comparative negligence cases, even a small shift in fault can have serious consequences, but with our expert legal team on your side, you’ll always be able to rest easy knowing you get every penny of what you deserve.

Contact HoeyLegal Today

Are you the victim of a recent personal injury? Are you looking for an experienced attorney who can help? Give us a call at (610) 647-5151.

Our team of legal professionals is always here to answer your questions and will happily tell you more about how we can help you win your case. We’ll even help you schedule a free, no-obligation legal consultation so that you have all the information you need to make the best decision for you. 

Don’t suffer through your personal injury alone. Contact HoeyLegal and take the first step toward getting the compensation you deserve today!

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Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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