Can I Still Recover Damages If I Was Partially at Fault for the Car Accident?
Hurt in a motor vehicle collision in Delaware County? You probably have many questions about your rights and options and how much you can expect to recover in compensation. In Pennsylvania, you can often recover compensation even if you are partially at fault for your accident. Our car accident lawyers for Delaware County know the key to recovering compensation if you were partially at fault for your crash.
Why it Matters: At-Fault Car Accidents in Pennsylvania
As background, it is important to understand why fault matters for car accident injury claims in the Commonwealth. In Pennsylvania, car accident insurance follows a “choice no-fault” system. Drivers select between limited tort (no-fault) and full tort (fault) coverage. With limited tort, your insurer covers medical expenses regardless of who caused the accident. Still, your ability to sue for non-economic damages like pain and suffering is restricted unless the injuries are severe. Full tort coverage allows you to sue the at-fault driver for all damages without limitations.
An Overview of the Modified Comparative Negligence Standard
With a fault-based car crash claim, the party deemed responsible for causing the accident can be held liable for the damages. Under Pennsylvania law (42 P.S. § 7102), a modified comparative negligence standard applies to fault-based personal injury cases, including fault-based car accident claims. This means that you can still bring a fault-based claim in Pennsylvania even if you bear some liability for your own crash. However, your recovery will be reduced proportionately.
Here is an example: Imagine you were hit by another vehicle entering a traffic circle in Delaware County. You suffered a serious injury. In total, your damages are $30,000. However, an investigation revealed that you were 20 percent responsible for causing the accident. Under Pennsylvania law, your recovery would be limited to 80 percent. You could only pursue $24,000 of your $30,000 in damages (80 percent) from the other driver involved in the crash.
Injured Victims Deserve Full and Fair Compensation After a Crash
Hurt in a motor vehicle crash in Pennsylvania? You need the maximum possible settlement or verdict. Do not rely on any insurance company to look for your rights or your interests. Our Delaware County car crash lawyers are prepared to help you seek compensation for:
- Automobile repairs
- Ambulance costs
- Emergency room care
- Hospital bills
- Medical expenses
- Loss of wages
- Loss of future earnings
- Pain and suffering
- Mental distress
- Long-term disability
- Reduced quality of life
- Wrongful death
Contact Our Delaware County Motor Vehicle Accident Attorney Today
At Schmidt, Kirifides & Rassias, our Delaware County car accident attorneys are here to fight to hold the insurance companies accountable. Have any questions about comparative negligence? Get in touch with us by phone or contact us online to set up your free, no-strings-attached case review. From our Media law office, we handle car crash injury claims across the region.