Understanding Pennsylvania's Comparative Negligence Rule in Personal Injury Cases

When you’re injured in an accident, proving who was at fault is crucial for securing compensation. In Pennsylvania, personal injury claims are governed by the modified comparative negligence rule, which determines how much compensation a victim can recover based on their level of responsibility for the accident. 

This legal standard can significantly impact the outcome of a claim, making it essential for injury victims to understand how fault is assigned and how it affects their ability to recover damages.

How Comparative Negligence Works in Pennsylvania

Pennsylvania follows a 51% modified comparative negligence rule, meaning that an injured party can recover damages as long as they are not more than 50% at fault for the accident. However, if a victim is found to be 51% or more at fault, they are barred from recovering any compensation.

For those who share some responsibility but remain under the 51% threshold, their compensation is reduced in proportion to their degree of fault. For example:

• If a victim is awarded $100,000 in damages but is found 20% at fault, their compensation is reduced by 20%, leaving them with $80,000.
• If a victim is found 50% at fault, they can still recover damages, but their award is reduced by half.
• If a victim is deemed 51% or more at fault, they receive nothing.

Because fault percentages directly impact compensation, insurance companies often attempt to shift blame onto the victim to minimize payouts. This makes legal representation essential when negotiating settlements or taking a case to trial.

How Comparative Negligence Affects Different Personal Injury Cases

Pennsylvania’s comparative negligence rule applies to a wide range of personal injury cases, including:

• Car Accidents: If both drivers contributed to the crash, fault will be divided between them. For example, if one driver was speeding but the other ran a red light, each may bear a percentage of responsibility.
• Slip and Fall Accidents: Property owners may argue that a victim was distracted or ignored warning signs, reducing their liability for injuries.
• Pedestrian Accidents: A driver may be mostly at fault, but if a pedestrian was jaywalking or crossing against a traffic signal, their compensation may be reduced.

The key challenge in these cases is proving that the victim was less than 51% responsible, ensuring their right to recover damages.

Why Hiring a Lawyer is Crucial

Since insurance companies often use comparative negligence to deny or reduce claims, having a skilled personal injury lawyer can make a significant difference in the outcome of a case. A lawyer can:

• Gather evidence, such as accident reports, witness statements, and surveillance footage, to establish fault.
• Challenge unfair fault assessments made by insurance adjusters.
• Negotiate for a fair settlement or take the case to court if necessary.

If you or a loved one has been injured in an accident, our respected and hard-working Pennsylvania personal injury lawyers at Edelstein, Martin & Nelson are ready to fight for your rights. Contact us today by calling (215) 731-9900 to schedule your free consultation to discuss your case and ensure you receive the compensation you deserve.