Can I Share Fault With The Other Driver In An Accident?
Yes. You can share fault with the other driver in an accident. You may be thinking why shared fault is important in an accident. Generally speaking, to collect compensation for damages in an insurance or personal injury claim, you must prove that your injuries and related losses resulted from the defendant’s negligent acts. But don’t be surprised that the defendant will try to blame you for the accident as well and raise the defense of comparative negligence.
Why? Because if they succeed in proving you were partly to blame for the accident, your damages may be significantly decreased or eliminated entirely. That’s why it’s crucial to work with a credible Reading car accident attorney after getting into an accident, particularly if comparative negligence may come into play.
How Modified Comparative Negligence Can Play a Massive Role in Your Reading Injury Claim
Sharing some degree of fault in an accident doesn’t necessarily prevent you from recovering compensation in an accident. You can still recover a portion of your damages even if you’re found to be partly at fault for it. Under PA’s modified comparative negligence statute, you can still recoup some of your damages as long as your share of fault for the accident does not exceed 50%. Otherwise, if your share of fault exceeds 50%, you will be barred from recouping any damages.
That also means that if you’re partly at fault, your damages will be decreased by your share of fault. For instance:
- If your share of fault is 18%, you can recoup 82% of your total damages, such that you will recoup $82,000 if your damages are $100,000.
- You automatically forfeit the remaining $12,000 because that’s the monetary equivalent of your shared fault.
- If multiple parties share fault for the motor vehicle accident, each party will be assigned their share of fault. They must also pay damages based on their shared fault.
How Will Fault Be Determined in a Reading Car Accident?
Multiple parties may investigate the car crash to determine fault and liability for the resulting damages. Police officers may investigate to determine whether anyone violated the law or committed a crime. The insurers involved will investigate to establish fault by determining if anyone was negligent and if their negligence contributed to or caused the accident. Additionally, courts evaluate fault via legal proceedings involving the rules of evidence to review the evidence presented by all parties involved.
To prove or disprove comparative negligence, your Reading car accident attorney will thoroughly investigate the crash and build your case to demonstrate how the other driver caused the crash. They will also develop a strong strategy to present the arguments and evidence that will corroborate your claim and weaken the other driver’s claim.
Seek Legal Guidance From Our Seasoned Reading Car Accident Attorney Today
At Fanelli, Evans & Patel, P.C., our Reading car accident attorney can assess how the state’s modified comparative negligence rules may affect your claim. Dial 484-869-2113 or contact us online to set up your free case review with our Reading car accident attorney. They can help you fully understand your legal rights and the most advantageous way to craft your insurance or personal injury claim.