What if I Was Partially at Fault in an Accident?
It’s not uncommon for fault in accidents to be shared among the parties involved. For example, one driver may have been speeding while another made an unsafe lane change, leading to a collision. If you find yourself in such a scenario, you might wonder whether you can still recover compensation for your damages. The answer is yes—Pennsylvania law allows you to recover damages even if you are partially at fault. However, your settlement will diminish to reflect your degree of responsibility.
At HGSK Injury Lawyers, we know how to navigate such strains in the best interest of our clients. We will evaluate the events leading to the crash to determine your fault so you are not exploited. Your car accident attorney will ensure that your recovery is still significant enough to cover your losses.
How Is Fault Determined in Reading, PA?
Determining fault in an accident involves assessing the actions of all parties to understand who acted negligently and to what extent. In Reading, PA, fault is typically determined based on evidence such as:
- Police report detailing the accident
- Eyewitness statements
- Traffic camera footage or dashcam recordings
- Accident reconstruction reports
Insurance adjusters and, in some cases, courts will weigh this evidence to assign fault percentages. A personal injury lawyer can help you gather and present evidence to prove fault and file a claim against the responsible party.
What Happens if I’m at Fault for the Crash?
If you’re partially at fault for an accident in Reading, PA, the comparative negligence system will apply to determine how much financial recovery to receive. As in the rest of the state, the comparative negligence rule in Pennsylvania allows parties to secure some compensation even if they are at fault for the crash.
According to Pennsylvania’s comparative negligence statute (42 Pa. C.S.A. § 7102), you can recover provided your percentage of fault is less than 51%. This means that if you are 51% and over at fault, you cannot legally seek compensation.
If you are partially at fault in an accident, here are key points to understand:
- Partial fault does not bar recovery. Unlike states with stricter contributory negligence laws, Pennsylvania’s comparative negligence standard allows injured parties to recover damages as long as their fault does not exceed 50%.
- Impact on compensation. Your financial recovery will be adjusted to your percentage of fault. For example, you are rear-ended at a red light but have a broken brake light. The court determines you are 10% at fault because the faulty brake light contributed to the accident. If your damages total $50,000, you’d receive $45,000 after the reduction.
Note that insurers may attempt to assign you more fault than you deserve to minimize their payout. However, having legal representation can counteract these tactics and ensure your side of the story is presented effectively. Your personal injury lawyer can help in the following ways:
- Collect key evidence like photos, witness statements, and expert testimony to support your case
- Argue against unfair fault assignments by insurance adjusters or opposing counsel
- Ensure you receive a fair settlement reflecting the true circumstances of the crash
- If necessary, present a compelling case to a judge or jury to seek a better verdict
Hence, securing legal representation when you are partially at fault for the accident can make the difference between an adequate settlement and one that leaves you struggling to cover your expenses.
Set Up a Consultation with HGSK Injury Lawyers Now
Have you been involved in an accident in Reading, PA, and are concerned about what will happen given that you were found partially at fault? While being partially responsible can affect your claim, do not let uncertainty prevent you from seeking justice. The personal injury team at HGSK Injury Lawyers understands Pennsylvania’s comparative negligence laws and will fight to secure your rightful compensation. Get in touch with us today to schedule your free consultation.