The Role of Comparative Negligence in Montgomery County Personal Injury Cases

In Pennsylvania, modified comparative negligence laws affect a personal injury victim’s ability to recover damages. The breakdown is as follows: if an individual injured in an accident is less than 51% at fault, it is possible to receive compensation. However, the ultimate payout will be reduced by the percentage of fault the victim bears. When an injury victim is determined to be 51% or more at fault for an accident, then no recovery is possible. 

Comparative Negligence Examined in Detail

As long as an injured party is less than 51% at fault for an accident, it is possible to recover compensation in Pennsylvania. The amount of damages that a person would be able to win is reduced in proportion to their overall fault for the accident. Essentially, comparative negligence laws in Pennsylvania seek to hold all parties accountable for an injury-causing accident. 

Determining Fault in a Personal Injury Case

It is not simple to determine fault in a personal injury case. The available evidence will determine whether an insurance company or a court finds that one party caused an accident. 

In a car accident, police reports, witness statements, and video footage are utilized as proof of what occurred. When drivers disagree on what occurred, witness statements go a long way towards establishing what actually transpired. 

Video footage of car accidents has become more common in recent years. Dash camera footage, surveillance footage from businesses, or even photos of the accident scene can make a difference in assigning fault in an accident. 

What Role Does an Insurance Company Play in Determining Fault in an Accident?

Insurance companies are frequently the first entities to play a role in determining fault in an accident. The insurer assigns an adjuster to the accident investigation. That adjuster will be tasked with collecting information about what occurred. Personal injury victims are typically asked at the outset of an investigation to provide a recorded statement to the insurer. 

In any insurance claim, the adjuster will aim to minimize the exposure for the insurance company in terms of future payouts. Along the way, the insurance adjuster will attempt to collect evidence sufficient to either outright deny liability or to shift as much blame as possible onto the injured party. If the insurance company cannot deny liability, expect them to delay the process as long as possible. 

An experienced Montgomery County personal injury lawyer understands how difficult it is to advocate for oneself in a personal injury claim. Insurance companies are adept at protecting themselves from liability exposure. For an injury victim, this means it is reasonable to expect resistance from the insurer. When unfair practices from an insurance company threaten to upend a personal injury claim, consider reaching out to an attorney who serves personal injury victims. 

What are Situations Where Both Parties to a Personal Injury Claim May be At-Fault?

There are several situations in personal injury claims where it is at least somewhat common for both parties to be at least partially at fault for causing an accident. 

Beginning with car accidents, when one driver runs a red light at an intersection, it is reasonable to suggest that the driver is at fault for causing the accident. However, if the driver who did not run the red light was also speeding, that individual may bear some responsibility for causing the accident. 

It is the law in Pennsylvania that a pedestrian must cross a street at a crosswalk. This is a marked and designated location typically at an intersection. When a pedestrian crosses the street without being near a crosswalk, it can be argued that the pedestrian contributed to the accident. In a situation where a distracted driver hits a pedestrian, both parties may bear some degree of responsibility for the accident. 

How Can Someone Minimize Their Responsibility in a Personal Injury Claim?

The efforts of a defense attorney or insurance adjuster to reduce the percentage of fault borne by their client are well known. With that said, just because an insurance adjuster or attorney will attempt to make this sort of argument does not mean that the injury victim must allow it to occur with no resistance. 

The evidence in a personal injury claim matters. Police reports, footage from a slip-and-fall, or information provided by eyewitnesses are enough to determine fault in an accident. A Montgomery County personal injury lawyer works tirelessly to locate, secure, and admit evidence into the record of a case for the consideration of a judge or jury. 

Settlement negotiations typically occur even before a personal injury lawsuit is filed. This stage of a case involves an attorney identifying the points of emphasis from the insurance company. How is the insurer going to defend the actions of their client? What evidence (if any) are they relying upon? If the insurer is unwilling to admit fault for an accident or to make a fair settlement offer, filing a lawsuit may become necessary. 

When Comparative Negligence Is an Issue, Contact Anthony C. Gagliano, III, Esquire, P.C.

A Montgomery County personal injury lawyer, Anthony C. Gagliano, III, Esquire, P.C. serves clients injured in accidents. Our team of legal professionals understands the tactics of insurance companies who attempt, at every turn, to avoid responsibility on behalf of their clients. An injury victim can count on our office to secure their right and advocate on their behalf. 

Contact us today for a free case review. When the potential exists for an opposing party to argue comparative negligence as a bar to recovering damages, fight back with an attorney who puts their clients first.