It’s common to wonder, “What if I share some of the blame?” after being injured in a Pennsylvania accident. Many people worry that even minor fault will prevent them from recovering compensation. Fortunately, this isn’t the case in most situations.
Pennsylvania uses a rule called modified comparative fault. In plain terms, it can reduce what you recover — and in some situations, it can prevent recovery altogether — depending on how much responsibility is placed on you.
What Is Comparative Fault?
Comparative fault is the legal method Pennsylvania uses to sort out responsibility when more than one person (or company) contributed to an accident.
Real life is messy, and accidents often are, too. For example:
- Two drivers may both make mistakes before a crash.
- A property owner may fail to fix a hazard, but a visitor may not be paying attention.
- A pedestrian and a driver may each do something unsafe in the moments before a collision.
When comparative fault applies, each party is assigned a percentage of fault, and that percentage affects how much compensation an injured person can receive.
How Modified Comparative Fault Works in Pennsylvania
Pennsylvania follows a 51% modified comparative fault rule.
Here are the key ideas:
- You can recover compensation if you are 50% or less at fault.
- If you are 51% or more at fault, you generally cannot recover damages.
- If you are partly at fault (but not more than 50%), your compensation will be reduced by your percentage of fault.
Your attorney can help minimize your degree of fault as much as possible.
A Simple Example
If your damages total $100,000 and you’re found 20% at fault, your recovery is reduced by 20%. That would leave $80,000.
But if you’re found 55% at fault, you would recover nothing under Pennsylvania’s modified comparative fault rule.
How Is Fault Decided?
Fault is decided by looking closely at what happened and what the evidence shows.
Depending on the case, fault may be argued by:
- Insurance adjusters during the claims process
- Attorneys on both sides
- A judge or jury, if a lawsuit is filed
Evidence that can influence fault includes:
- Police reports
- Photos and video (including surveillance footage)
- Witness statements
- Vehicle damage and scene evidence
- Medical records
- Expert opinions
One important thing to know: insurance companies often try to push more blame onto the injured person. Even a few extra percentage points can reduce a payout.
Common Situations Where Comparative Fault Is an Issue
Comparative fault can apply in almost any personal injury case, but it’s especially common in these situations.
Car Accidents
Maybe the other driver ran a red light, but the insurer argues you were speeding. Or maybe you were rear-ended, but the insurer claims you stopped suddenly for no reason. These arguments are often aimed at reducing the amount paid on the claim.
Slip and Fall Accidents
A store may have left a spill on the floor, but the insurer might argue the hazard was “obvious,” or that you weren’t watching where you were going. Those claims can be used to reduce what you recover.
Pedestrian and Bicycle Accidents
A driver may have been careless, but the insurer may argue you crossed outside a crosswalk or entered traffic unexpectedly. When both sides share blame, the degree of fault matters.
What Compensation Can Be Reduced?
If you’re found partially at fault, the reduction typically applies to the full value of your damages, including:
Economic damages are financial losses, including:
- Medical bills
- Future treatment costs
- Lost wages
- Reduced earning ability
Non-economic damages are personal losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
For example, if you’re assigned 30% fault, your total recovery will be reduced by 30%.
What If More Than One Defendant Is Responsible?
Sometimes, more than one defendant shares responsibility. For example, in a serious crash, fault might be split among a driver, an employer, a contractor, or a property owner.
Pennsylvania also has rules about how damages are handled when multiple defendants are involved, including when one party may be required to pay more than their share based on their percentage of fault and the type of damages involved. These issues can get technical quickly, but the practical takeaway is this: how fault is divided can impact who pays and how much is recoverable.
How Insurance Companies Can Use Comparative Fault Against You
Comparative fault is one of the most common tools insurers use to limit what they pay. It’s not unusual for an insurance adjuster to suggest that:
- You weren’t paying attention.
- You broke a rule or law.
- Your injuries aren’t as serious as you claim.
Even statements that seem harmless — like “I didn’t see them” or “Maybe I could’ve reacted faster” — can be twisted into an admission of fault. If you’re unsure what to say, it’s usually best to keep it simple and factual.
Contact the Scranton Personal Injury Lawyers at Fellerman & Ciarimboli, Law PC for Help Today
If you were injured in Scranton or anywhere in Pennsylvania, you may still have a claim even if someone is trying to blame you for part of the incident. Understanding comparative fault — and pushing back when blame is exaggerated — can make a real difference in your case.
Call Fellerman & Ciarimboli, Law PC at (570) 714-4878 for a free consultation with a Scranton personal injury attorney. We can listen to what happened, explain how Pennsylvania’s comparative fault rules may apply, and discuss the next steps.