March 26, 2024

Can You Receive Compensation If You Were Partially Liable for a Car Accident?

Pennsylvania state law follows the rule of comparative negligence, which means that if you were involved in a car accident for which you were partially at fault, you could still receive compensation provided you were not more than 50 percent responsible for the crash. “Partially at fault” means you contributed somehow to the accident and the resulting damage. Perhaps you were speeding, failed to signal, or made some other kind of error of judgment.

Under the rule of comparative negligence, if you are seeking compensation for injuries or property damage resulting from a car accident but are partially responsible for the accident, then any damages awarded to you by the court will be reduced by your percentage of fault. In other words, if you were 20 percent at fault for what happened, then the amount of damages you win will be reduced by 20 percent.

How Is Fault Determined in a Car Accident in Pennsylvania?

Determining fault is vitally important to the outcome of a personal injury lawsuit because the at-fault driver is legally responsible for the injured party’s damages. As noted above, more than one party can bear responsibility for the accident and damage.

If you file an insurance claim in Pennsylvania, the insurance company will investigate the circumstances of the accident to clarify if their insured driver was at fault. They will examine the police report, eyewitness accounts, and the traffic laws where the accident occurred. In certain situations, such as rear-end accidents, the rear driver is generally at fault because they are expected to leave enough following distance to the car ahead of them. Accidents when someone turns left are also typically the fault of the driver making the left turn, as the oncoming traffic has the right of way.

What Kind of Compensation Can I Receive if I Am Partially Liable?

Compensation for a car accident can include some or all of the following damages depending on your unique circumstances:

• Medical to cover hospitalization, surgeries, medications, outpatient therapy, and rehabilitation bills.
• Property damage to your vehicle and any other personal property damaged in the accident.
• Lost wages if you had to miss work due to your injuries from the accident.
• Future wages if your injuries affect your future earning potential.
• Pain and suffering for emotional trauma inflicted by the accident.

Remember that if you are found partially liable for the car accident that caused your injuries, your compensation will be adjusted accordingly. If you have been injured in a car accident for which you were partially at fault, contact an experienced attorney right away.

A Lansdale Car Accident Lawyer at the Law Firm of Anthony C. Gagliano III, P.C. Will Advocate on Your Behalf

For all your questions about shared liability in a car accident case, contact a Lansdale car accident lawyer at the law firm of Anthony C. Gagliano III, P.C. Call 267-861-7100 or contact us online today to schedule a free initial consultation. With convenient locations in Philadelphia and King of Prussia, Pennsylvania, we serve clients in Montgomery County, Delaware County, Bucks County, Chester County, and Norristown.