Key Takeaways:
- Pennsylvania is a comparative negligence state that follows a modified shared fault rule, meaning you can pursue compensation as long as you’re 50% or less at fault for the accident.
- Crossing the 51% fault threshold eliminates your right to recover any compensation, regardless of the severity of your injuries or the extent of your medical bills and other losses.
- Fault percentages are negotiable and determined by insurance adjusters, juries, and judges, making early legal guidance and strong evidence critical to protecting your claim.
Who has the right to sue following an accident? Can only one party argue for compensation? Is it an all-or-nothing calculation?
The interlinked concepts of fault and compensation for personal injury claims vary across states, but the Keystone State takes a measured approach. After all, Pennsylvania is a comparative negligence state, meaning it follows a shared fault logic.
That means your right to sue and pursue fair compensation depends on your level of fault. It’s not all or nothing; it’s compensatory and proportional.
No Win, No Fee
Questions about fault shouldn’t prevent you from getting legal guidance after an accident. If you’re navigating comparative negligence in Pennsylvania, our team is here to protect your right to pursue compensation. With our “No Win, No Fee” promise, you pay nothing unless we recover on your behalf.
Defining Comparative Negligence in Pennsylvania
PA’s comparative negligence laws govern fault assessment and determine compensation calculations in multi-party accidents. The state’s legal framework for comparative negligence differs from those of other states, though.
The Basics of Shared Fault
Pure comparative negligence rules stipulate that all parties are responsible for their portion of the accident. Under this definition, you can sue for any portion of the accident you’re not responsible for, so even if you’re 99% at-fault, you can still sue the party who’s 1% at-fault.
Pennsylvania’s Modified Comparative Negligence Standard
While Pennsylvania is a comparative negligence state, it uses the modified comparative negligence standard.
The state imposes a threshold or cutoff for those suing or seeking compensation, only allowing claimants below a specific fault threshold to recover compensation. Pennsylvania’s threshold has significant implications for how compensation is calculated and who can recover it.
Knowing How the 51% Rule Affects Your Claim
Modified comparative negligence in PA sets that threshold at 51%. While the percentage isn’t stated outright, the law (Title 42, Section 7102) states that a plaintiff found contributorily negligent cannot be barred from recovery when their negligence is equal to or less than the causal negligence of the defendant or defendants.
In other words, as long as you are 50% or less at fault, you have the right to pursue compensation.
Crossing the 51% Threshold
When a party crosses the 51% threshold, they lose the right to recover any financial compensation. Under Pennsylvania law, the threshold is an absolute legal barrier.
At 51% at-fault, there is no recovery, regardless of injuries (catastrophic or minor), medical bills, or other economic and non-economic losses. It also opens the party up to lawsuits from other parties.
Calculating Your Compensation After a Fault Determination
In PA, modified comparative negligence proportionally reduces your awarded damages based on your share of fault. If you’re 30% at fault for a car accident and your damages are $100,000, your maximum recovery is $70,000.
The potential recovery is also split between at-fault parties, so if your claim involves two separate parties (one who’s 30% responsible and one who’s 40% responsible), your maximum recovery from each would be $30,000 and $40,000, respectively.
Identifying Who Determines Fault in Pennsylvania
As a comparative negligence state, Pennsylvania relies on a fair assessment of fault and negligence. It’s a determination that involves multiple parties and evidence reviews; it’s not self-determined and can be negotiable.
Evaluating the Role of Insurance Adjusters
Insurance adjusters are typically the first to assign fault. After an accident, adjusters from each insurance company involved assess the scene and perform independent investigations.
While these assessments aren’t legally binding, they usually serve as the basis for settlement offers and negotiations. If you have an attorney, they will perform their own investigation and fault assessment.
Evaluating the Role of Juries and Judges
When comparative negligence settlement negotiations stall in PA, it usually forces a lawsuit and trial. In jury trials, the jury acts as the finder of fact, meaning they hear the testimony and review the evidence to attribute a fault percentage to each plaintiff and defendant.
If all parties waive their right to a jury, the claim moves to a bench trial where a judge becomes the finder of fact and assesses fault. In a bench trial, the judge also plays the role of gatekeeper, ensuring only admissible evidence is considered.
Gathering the Evidence That Establishes Fault
No one can accurately assess fault without evidence, which anchors fault percentages with tangible data in PA comparative negligence cases. Some of the richest evidence includes:
- Police accident reports
- Surveillance camera footage
- Dash cam footage
- Cell phone records
- Expert testimony
- Witness statements
Evidence may vary based on the type of accident. For example, a slip and fall accident may include building maintenance and cleaning records, while a dog bite injury may require vet records. Your attorney can help you identify the most relevant evidence for your claim.
Recognizing Common Scenarios Where the Law Applies
Pennsylvania, as a comparative negligence state, uses this modified and shared fault rule across a variety of personal injury claims, not just car accidents. The law applies to any personal injury claim where parties can share responsibility for the accident or injury, including:
- Product liability claims
- Bus and transit accidents
- Snow and ice accidents
- Slip and fall injuries
- Sidewalk accidents
Understanding Why the At-Fault Party May Shift Blame
Because modified comparative negligence in PA is so consequential, all parties involved in an accident argue over fault percentages.
Insurance adjusters will use everything they legally can to try to push you to the 51% fault threshold, even scouring your social media, talking to family members, or trying to record your conversations with them.
Remember, at 50%, you can still recover 50% of damages, but 1% more, you get nothing.
Protecting Your Claim When Blame Is Shared
PA’s modified comparative negligence law is complex, and fault percentages are rarely straightforward. If you were injured in an accident and share some responsibility, contact Segal, Berk, Gaines & Liss for a free consultation and learn about your options.
About Derek Liss, Esq.
Derek Liss, Esq., is a partner at Segal, Berk, Gaines & Liss, specializing in personal injury law.
Derek earned his Bachelor of Arts in Political Science from The George Washington University in 1991 and his Juris Doctor from Widener School of Law in 1994. He joined Segal, Berk, Gaines & Liss immediately after law school and brings 30 years of legal experience to his clients.
A member of the Philadelphia Bar Association, he practices throughout the greater Philadelphia region and is admitted to practice in the courts of Pennsylvania and the U.S. District Court for the Eastern District of Pennsylvania.
