If you’ve been in a car accident in Wayne, what happens if the other driver argues you were partly at fault? Will that prevent you from recovering compensation? In Pennsylvania, the answer comes down to a legal rule called comparative negligence, and it can have a real impact on what you may be able to recover.
What Pennsylvania’s Comparative Negligence Law Says
Pennsylvania follows a modified comparative negligence rule, often called the 51% bar rule. Under this law, you can recover damages after a car accident as long as you are found to be 50% or less at fault for the crash. If you’re determined to be 51% or more responsible, you’re barred from recovering anything from the other driver.
For drivers in Wayne and across Delaware and Chester Counties, this rule matters because real-world accidents rarely involve a clear-cut single party at fault. A rear-end collision on Lancaster Avenue, a sideswipe near the Wayne train station, or an intersection crash on Route 252 can all involve shared fault, and how that fault is divided directly affects your financial recovery.
How Shared Fault Reduces Your Recovery
Even when you’re under that 51% threshold, your compensation is reduced by your percentage of fault. For example, if your total damages are $100,000 and you’re found 20% responsible, your recovery would be reduced by $20,000, leaving you with $80,000.
That’s why insurance companies often work hard to shift more fault onto you. Adjusters may point to factors like your speed, your reaction time, or whether you were wearing a seatbelt to push your percentage higher. The higher they can push your fault, the less they have to pay, or the more likely they can deny your claim entirely.
Developing Your Case Under Pennsylvania Law
Because fault percentages carry such weight, evidence is everything in a comparative negligence case. These cases are typically supported by:
- Police reports and crash scene photographs
- Eyewitness statements and dash cam footage
- Medical records tying your injuries to the accident
- Accident reconstruction analysis when liability is disputed
The car accident lawyers at Silver & Silver in Wayne can help review accident-related information, discuss how fault is typically assessed under Pennsylvania law, and answer questions about issues that may influence a claim. Pennsylvania generally allows two years to pursue a personal injury claim, making it important to address accident-related concerns in a timely manner.
Pennsylvania drivers may also have questions about no-fault coverage and tort election selections on their auto insurance policies. Someone on our staff can provide general information about these provisions and how they may affect the ability to seek compensation after a collision. Understanding these policy choices can be an important part of evaluating the path forward after an accident.
Get Trusted Local Help in Wayne
Comparative negligence cases hinge on details, and small differences in how fault is assigned can mean thousands of dollars in your recovery. Working with someone on our staff who is familiar with Pennsylvania law and the communities around Wayne may help you better understand the factors that can affect your situation.
For 45 years, Silver & Silver has stood with injured drivers and families across Pennsylvania, handling the personal injury claims that follow serious crashes. If a Wayne crash has left you worried about who was at fault and what it means for your finances, our team can help you understand where you really stand. The firm also represents Social Security Disability claimants in Pennsylvania and New Jersey. Contact us today.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
