Compensation in Negligence and Partial Fault Car Accident Claims
With an estimated 16,000 car accidents occurring each day, the more you drive, the greater your risk of being in a crash. While we may think of one driver being at fault, liability in a car accident is rarely that cut-and-dry. In most claims, fault is shared between both drivers. In Pennsylvania, you are still able to recover compensation if you are less than 50% at fault. However, your compensation will be reduced by your degree of fault.
Given the challenges of recouping damages in a collision, our car accident lawyers discuss everything you need to know when you are found partly at fault.
How is Fault Determined in a Pottsville Car Accident?
In a collision, fault is determined by examining which party was negligent. Negligence is defined as acting with less than reasonable care. For a successful claim, you must establish the following:
- The other party owed you a duty of care. All road users have a duty to follow traffic rules and regulations.
- The other party breached their duty of care. Either through an act or omission, the other party did not adhere to the rules of the road.
- The other party’s actions caused your injuries. The other party must have been the direct cause of your injuries, and your injuries must have been a foreseeable consequence.
- As a result of the accident, you suffered measurable losses (damages). In a car accident, damages may include lost wages, medical expenses, and infliction of emotional distress.
Comparative Negligence
When a proportion of fault can be attributed to each driver in Pennsylvania, you can still recover damages as long as you are less than 50% liable. This is known as comparative negligence or comparative fault. Unfortunately, if your proportion of fault is greater than 50%, you will be barred from recovery.
For example, if you submit a bodily injury claim for $30,000 (adding up the total cost of medical bills and lost wages), your claim will be reduced by your degree of fault. So, if insurance determines you are 30% at fault, then you will only receive 70% of your claim, or $21,000. You will not be compensated for the remaining $9,000, which can be devastating for an injured person who must pay their medical bills while missing significant time at work.
The importance of hiring legal representation cannot be understated. A car accident attorney will gather the necessary information to prove your lack of involvement in the crash, thereby strengthening your claim.
Contact Our Pottsville Car Accident Lawyers Today
The physical, emotional, and financial losses of a crash can destroy everything for which you have worked. If you or a loved one has fallen victim to a crash, our Pottsville car accident attorneys are here to help. At Fanelli, Evans, & Patel, our legal team is dedicated to providing legal relief to injured parties. To schedule your free consultation to discuss your matter, contact us online or by phone at (570) 622-2455.