What If You Were Partially at Fault for a Car Accident in Pennsylvania?
- Personal Injury Philly
- 7 days ago
- 3 min read
Being partially responsible for a car accident in Pennsylvania does not automatically mean you lose your right to compensation. Many people assume that any fault bars recovery—but Pennsylvania law works differently.
In fact, even if you share some responsibility, you may still be entitled to recover damages depending on the circumstances. It’s worth speaking with a lawyer to understand what your case may actually be worth. → Car Accident Lawyer Philadelphia.
Here’s how it actually works—and what you should do next if you’ve been told (or believe) you were partially at fault.
Pennsylvania’s Comparative Negligence Rule Explained
Pennsylvania uses a legal rule called comparative negligence.
This means:
Fault can be shared between multiple parties
Your compensation is reduced by your percentage of fault
You can still recover damages as long as you are not more than 50% at fault
Example:
If your damages are $100,000 and you are found 20% at fault:
Your recovery would be reduced by 20%
You would receive $80,000
If you are 51% or more at fault:
You generally cannot recover compensation
How Fault Is Determined After a Car Accident
Fault is not based on guesses or insurance opinions. It is determined through evidence such as:
Police reports
Witness statements
Photos and video footage
Accident reconstruction
Vehicle damage patterns
Traffic laws and violations
Insurance companies often try to assign higher fault percentages to reduce payouts.
Common Situations Where Fault Is Shared
You may be partially at fault in situations like:
Rear-end collisions involving sudden braking
Lane change accidents with unclear signaling
Intersection crashes with disputed right-of-way
Multi-car pileups
Parking lot accidents when it's unclear who has the right-of-way
Distracted driving on both sides
Even in these cases, you may still have a strong injury claim.
How Partial Fault Affects Your Compensation
If you are partially at fault, your compensation may include:
Reduced medical expense recovery
Reduced lost wage claims
Reduced pain and suffering damages
However, you are not automatically excluded from recovery.
Insurance companies often overstate fault percentages, which is why legal review matters.
What Insurance Companies Don’t Tell You
Insurance adjusters may:
Assign unfair blame percentages
Downplay the other driver’s negligence
Push quick settlement offers before fault is fully evaluated
This is why early communication matters—and why many claims change once properly investigated.
Can You Still File a Claim If You Think You Were at Fault?
Yes. In many cases:
Initial assumptions about fault are incorrect
Evidence later shifts liability
Multiple parties share responsibility
What You Should Do After a Crash Involving Shared Fault
Do not admit full responsibility at the scene or to insurance adjusters
Request a copy of the police report
Gather photos, videos, and witness info
Avoid giving recorded statements without legal advice
Get your injuries evaluated and documented
How a Lawyer Can Help Reduce Your Fault Percentage
A personal injury lawyer can:
Challenge incorrect fault assignments
Gather evidence you may not have access to
Work with accident reconstruction experts
Negotiate with insurance companies
Maximize your final recovery under Pennsylvania law
Talk to a Pennsylvania Car Accident Lawyer
If you were partially at fault for a crash, you should still have your case evaluated. Small changes in fault percentage can mean a large difference in compensation.
Injured in a Car Accident in Pennsylvania?
If you were partially at fault, you may still be entitled to compensation.
We can review your accident, explain your legal options, and help you understand what your claim may actually be worth under Pennsylvania law.
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