Understanding Comparative Fault in Personal Injury Cases
February 16, 2025
Sometimes, accidents are completely the fault of one party. In other cases, each party shares some level of responsibility. Even if you are partially to blame for an accident that injured you, you may still be able to recover compensation under the concept of comparative fault. Personal injury lawyers have extensive experience in assessing percentages of fault, and a skilled lawyer can tell you whether it’s in your best interests to pursue legal action.
If you were partially responsible for your injuries, Pennsylvania negligence law still allows you to pursue compensation — as long as you were not more to blame than the other party. Any monetary award you receive will be reduced by your percentage of fault.
Comparative Fault and Pennsylvania Negligence Laws
In car accident cases and other types of personal injury claims, Pennsylvania negligence laws govern who can recover compensation. Pennsylvania has a modified comparative negligence standard. The standard has two key provisions:
- You can recover compensation as long as you weren’t more at fault for the accident than the other party.
- Any compensation you receive will be reduced by your percentage of fault.
Modified comparative negligence laws were designed to be fair to everyone involved in an incident (and to recognize the fact that many accidents are not purely the fault of one party). Most states have similar negligence laws. A few states are outliers; for example, under Alabama’s contributory negligence standard, you may not recover compensation if you contributed to your injuries in any way.
Who Decides Each Party’s Percentage of Fault?
Assigning each party’s percentage of fault is not an exact science. If you settle your case with the insurance company and don’t end up going to trial, you likely won’t have to worry about coming up with an exact percentage.
The principle of comparative fault most often comes into play when a case goes to trial. If that happens, a jury may assign a specific percentage of fault to you, to the defendant, and to any other involved parties. The judge will then reduce any financial award you receive by your percentage of fault.
Examples: Comparative Fault in a Personal Injury Lawsuit
A Look at Modified Comparative Negligence in Action
It’s often easier to understand the concept of comparative fault through examples. Here are two scenarios to consider.
Scenario 1
Imagine you’re out for a walk in your Philadelphia neighborhood. You come to an intersection and the pedestrian signal tells you not to enter the crosswalk. However, you see no traffic except for an oncoming car. You think the car is far away enough for you to clear the intersection, so you decide to cross. Unfortunately, the driver is speeding, and they hit you right before you reach the end of the crosswalk. You suffer serious injuries.
You file a personal injury lawsuit, and your lawyer attempts to negotiate a settlement. The driver’s insurance company refuses to settle because it believes the fact that you entered the crosswalk without the appropriate pedestrian signal makes you at fault.
Your attorney takes the case to trial. They acknowledge that while you did not obey traffic signals, the fact that the driver was speeding (and therefore unable to stop in time) makes them more at fault for your injuries. After hearing arguments from both sides, the jury determines that you were 40% at fault for the accident and the driver was 60% at fault.
The jury also determines that your damages amount to $100,000. However, in accordance with Pennsylvania’s comparative negligence law, the judge lowers that compensation by 40%, so you ultimately receive $60,000.
Have you been injured? Call Wapner Newman at (215) 569-0900 for a free, no-obligation case review.
Scenario 2
Imagine you’re walking along the sidewalk in broad daylight. Suddenly, a driver loses control of their vehicle. The car comes up over the curb and hits you, causing major injuries.
In all likelihood, the driver’s insurance company would agree to settle this case. However, if it doesn’t — or if the settlement it does offer is insultingly low — your lawyer might take the case to trial. After looking at the facts, the jury determines that because you were walking on a sidewalk and the vehicle left the road to drive onto the sidewalk, you are not at all at fault. The jury awards you $100,000 in damages, and you receive the full amount.
Why Talking to a Personal Injury Lawyer Is Important
Until your case goes to trial, you have no way of knowing what percentage of fault a jury would assign to you. However, you won’t be entirely in the dark. Personal injury lawyers handle cases like yours on a near-daily basis. After assessing your case, your lawyer can estimate what percentage of fault a jury would likely assign to you.
If a lawyer thinks you have a good chance of success in your claim, they will likely agree to take your case. Working with an attorney comes at no risk to you. Your initial consultation is free, and you pay nothing up front. If the lawyer recovers compensation for you, you agree to pay them a certain percentage. If they are unable to recover compensation, you pay nothing.
In Shared Fault Injury Cases, the Right Representation Matters More Than Ever
Let Us Put Our Experience to Work for You
Unfortunately, many people do not seek compensation when they know they contributed to their accident in some way. They may not understand Pennsylvania’s modified comparative negligence laws, or they might simply believe the fact that they were negligent means they don’t deserve compensation.
The Wapner Newman team is committed to seeking justice for all of our clients. We have decades of experience helping injured people like you, and we can assess your case to determine whether filing a personal injury lawsuit is in your best interests.
With us, you aren’t just a case. You’re an injured person who needs help, and we will do everything in our power to secure the compensation you deserve.
Even if you think you might be partially at fault for your accident, you should still consult a personal injury lawyer as soon as you can. Call Wapner Newman at (215) 569-0900 to book your free consultation.