Types of Negligence in a Pennsylvania Personal Injury Claim

Types of Negligence in a Pennsylvania Personal Injury Claim

If you have been injured in a car accident, one of the terms that you will hear is ‘liability.’ If you hold a party liable for your accident, this means that you can prove that they acted in a negligent fashion and contributed to your accident in some way. This also means that you will be able to bring a claim against them for the compensation that you deserve. There are several types of negligence when it comes to personal injury claims in Pennsylvania.

Understanding the Types of Negligence 

By understanding the types of negligence that could play a role in your injury claim, you can gain a better understanding of how you will hold a party liable for their actions. There are several types of negligence, including the following:

Comparative Negligence: Comparative negligence plays a role in claims where the plaintiff plays a role in their own claim. For instance, if you ran a stop sign but you were struck by a DUI driver, you could be held partially responsible for your accident. This means that you would also be partially responsible for paying a percentage of your damages. By having an attorney on your side, you can prove that an accident would not have happened if the other party was abiding by the rules of the road.

Contributory Negligence: In cases involving contributory negligence, a plaintiff is unable to collect any damages for their injuries if they caused their own accident to any percentage. Many states no longer follow these rules of negligence because it is believed that plaintiffs should always receive a portion of the damages when they have been hurt in a car accident that was not entirely their fault. 

12/21 Types of Negligence in a Pennsylvania Personal Injury ClaimGross Negligence: Gross negligence occurs in claims when a party has shown a complete lack of regard for others on our roads. This occurs in accidents where a party has intentionally caused an accident. For instance, if a driver chose to get behind the wheel of a vehicle while intoxicated, this could lead to gross negligence in your injury claim. 

Vicarious Negligence: Vicarious negligence occurs when a defendant is held responsible for the actions of somebody that they were in charge of. For instance, if you were harmed in an accident due to a teen driver who was using their parent’s vehicle, there is a chance that you will be able to hold the parents vicariously liable.

Proving That a Party Acted Negligently in Your Claim 

If you want to prove that another party is to blame for your car accident, you will have to show several aspects. These include the following:

  • That a defendant owed a duty of care to you
  • That the defendant breached their duty to you
  • The breach of duty led to your injuries
  • Damages resulted from the accident

Speaking with a Pennsylvania Car Accident Attorney 

Negligence is one of the lead determinations in whether or not you will receive compensation for your accident. Because of this, you should always be prepared to speak with a Pennsylvania car accident attorney who has handled personal injury claims in the past. Our attorneys at Edelstein Martin & Nelson have diligently assisted victims and their families over the years and will help you when you need it the most. If you have been hurt in an accident and you are unsure about where you can turn, please do not hesitate to contact an accident attorney in Pennsylvania at (215) 731-9900 for more information.