After a serious accident, one of the most common and confusing questions clients ask us is: “What if I was partly at fault?”
That’s where comparative negligence comes into play.
What Is Comparative Negligence?
In Pennsylvania, comparative negligence laws decide how much compensation you can recover if you share responsibility for an accident. Instead of being completely denied compensation (often called ‘recovery’ in legal terms), Pennsylvania’s comparative negligence law still allows you to receive money for your damages like medical bills, lost wages, pain and suffering, and repair costs—even if you were partly at fault.
Comparative negligence defined: It’s a legal rule that reduces your compensation by the percentage of fault assigned to you.
Example: If your damages total $100,000 but you’re found 20% at fault, your recovery is reduced to $80,000.
Why it matters: Even a small shift in fault percentage can mean tens of thousands of dollars less in compensation.
Comparative negligence is meant to balance fairness, but in practice, it’s often used by insurance companies to minimize payouts. That’s why understanding it is critical to protecting your rights.
The 51% Rule in Comparative Negligence
Pennsylvania follows a modified comparative negligence rule, sometimes called the 51% rule. Here’s how it works:
- If you are 50% or less at fault, you can still recover damages.
- If you are more than 50% at fault, you cannot recover anything.
This rule makes proving fault percentages critical in any accident case. Here are a few example scenarios of how the comparative negligence rule can impact compensation:
- You’re rear-ended at a stoplight, but your brake light was out. If you’re found 20% at fault, you still recover 80% of your damages.
- You’re speeding and collide with someone making an illegal left turn. If fault is split 50/50, you can still recover, but only half your damages.
- You’re found 55% responsible in a multi-car pileup. Under Pennsylvania’s comparative negligence law, you recover nothing.
This harsh cutoff is why insurance companies fight so hard to push your percentage of fault above the 50% mark.
How Insurance Companies Use Comparative Negligence Against You
Insurance companies are not on your side. Their goal is to pay out as little as possible, and comparative negligence is one of their favorite tools.
Tactics insurers use:
Blame-shifting: They’ll argue you weren’t paying attention, driving too fast, or failed to avoid the accident.
Exaggerating your role: Even if your fault is minor, they’ll push to increase your percentage to reduce or deny your claim.
Recording statements: Adjusters ask tricky questions designed to make you admit partial fault, and that’s why it’s critical to NEVER speak with an insurance company without consulting a car accident attorney. When you work with a car accident lawyer, they speak with the insurance company on your behalf, ensuring nothing is said that can hurt your case.
Delaying claims: The longer insurance companies drag things out, the more desperate you may feel to accept a low offer.
The bottom line: without an experienced personal injury attorney, you risk losing thousands of dollars, or even the entire value of your claim, because of comparative negligence arguments.
Why Proving the Degree of Fault is Critical and How a Car Accident Attorney Can Help
Because compensation for medical bills, lost wages and more depends directly on fault percentages, proving liability is everything in a comparative negligence case.
Car accident attorneys use multiple strategies to reduce your assigned fault and maximize your recovery, which include:
- Utilizing Accident reconstruction experts to analyze speed, braking, and visibility.
- Conducting witness interviews to support your version of events.
- Obtaining traffic camera footage and surveillance video when available.
- Gathering medical documentation showing the severity of your injuries.
- Challenging the insurance company’s evidence and cross-examining their experts.
Every percentage point matters. If a car accident attorney can reduce your fault from 30% to 20%, that’s an additional 10% of your settlement or overall compensation in your pocket.
Steps to Take After an Accident to Protect Your Claim
What you do in the minutes, hours, and days after an accident can make or break your comparative negligence case. Here are the steps to take immediately following a car accident:
- Call 911 and report the accident. Always ensure there’s a police report.
- Document the scene. Take photos of vehicles, skid marks, traffic signs, and injuries.
- Collect witness information. Independent witnesses can help reduce your percentage of fault.
- Seek medical treatment immediately, even if you don’t feel pain. Adrenaline often masks injuries in the moments after an accident. Remember—gaps in care give insurers ammunition.
- Do NOT admit fault. Even saying “I’m sorry” to the other driver can be twisted into an admission.
- Contact an experienced injury attorney. The sooner they get involved, the better shape they are in to protect your claim.
By taking these steps, you help safeguard your ability to recover the maximum compensation possible under Pennsylvania’s comparative negligence law.
Why Choose GLS Injury Law?
If you’ve been injured in an accident, don’t let the insurance company use comparative negligence to take away the compensation you deserve.
At GLS Injury Law, we’ve helped thousands of clients across Pennsylvania recover millions of dollars, even in cases where comparative negligence was an issue. Our attorneys are:
- Available 24/7 for free case evaluations.
- Recognized as the #1 law firm in the community year after year.
- Aggressive in court and at the negotiating table, winning more than $117 million for clients
- Highly Experienced Trial Attorneys
- Focused on results—because Winning Is No Accident™.
If you or a loved one has been injured in an accident, don’t wait. Every day that passes gives the insurance company more time to build a case against you.
Contact us today or chat with us right now online for your free case evaluation with the personal injury firm voted #1 in the community for the past twelve years. Our car accident attorneys will answer your questions and be with you every step of the way.
We’re available to meet with you via a video call, at your home, in the hospital, or at one of our conveniently located offices throughout the state.
Frequently Asked Questions About Comparative Negligence in Pennsylvania
Q: What does “comparative negligence” mean in simple terms?
A: Comparative negligence means that after an accident, responsibility (fault) can be divided between multiple people. If you’re partly at fault, your compensation is reduced by your percentage of responsibility. For example, if you’re 25% at fault and your damages are $100,000, you may still recover $75,000.
Q: What is the 51% rule in Pennsylvania?
A: Pennsylvania follows a modified comparative negligence law, known as the 51% rule. If you are 50% or less at fault, you can still receive compensation. If you are more than 50% at fault, you cannot recover any damages.
Q: What damages can I recover in a comparative negligence case?
A: Even if you’re partly at fault, you may still recover compensation for: medical bills (emergency care, surgery, rehab, prescriptions), lost wages and loss of future earnings, pain and suffering (depending on your insurance coverage), property damage (vehicle repair or replacement), and other out-of-pocket expenses caused by the accident.
Q: How do insurance companies use comparative negligence against me?
A: Insurance adjusters often try to increase your percentage of fault so they can pay you less…or nothing at all. They may twist your statements, downplay your injuries, or exaggerate your role in the accident.
Q: Do I need an attorney if I was partly at fault?
A: Yes. Even a small shift in fault percentage can mean losing thousands of dollars. An experienced personal injury attorney can challenge the insurance company’s arguments, gather evidence, and fight to reduce your share of fault so you maximize your recovery.
Q: How long do I have to file a claim in Pennsylvania?
A: Generally, the statute of limitations for personal injury cases in Pennsylvania is two years from the date of the accident. However, there are exceptions, so it’s important to contact an attorney right away.
