How Pennsylvania’s Comparative Negligence Law Impacts Your Rights In A Harrisburg Car Accident Claim
If you are involved in a car accident in Harrisburg, you may assume that the at-fault driver’s insurance company is responsible for covering your damages. But under Pennsylvania law, there are no absolutes. Both drivers often share some blame, which can significantly impact your ability to recover compensation.
Pennsylvania’s comparative negligence law governs how fault is assigned and damages are awarded in accident claims. Our Harrisburg car accident lawyer explains how state laws can impact your rights.
How Comparative Negligence in Pennsylvania Applies In Harrisburg Car Accident Cases
Pennsylvania follows a modified comparative negligence rule. Under Section 42 of the PA Statutes, Harrisburg crash victims can recover compensation for vehicle or other property damages, medical bills, lost income, and pain and suffering, provided they are not more than 50 percent responsible for the crash. However, compensation is reduced by your percentage of blame.
Determining how comparative negligence applies in your case can be confusing, particularly when trying to recover from injuries. Key takeaways to remember:
- You may be entitled to compensation for your injuries through insurers or by filing a car accident lawsuit in the Dauphin County Civil Court, even if you were partially at fault in a crash.
- Your financial recovery gets reduced by the degree to which you were to blame. For example, if you suffer $100,000 in damages but are 10 percent at fault, you would receive $90,000.
- If evidence shows you are 51 or more percent to blame, you are not entitled to compensation.
This rule applies whether you’re pursuing a claim against another driver or defending against allegations that you caused the accident. Insurance companies often exploit this law to reduce payouts, which is why legal representation is crucial in disputed cases.
How Fault Gets Determined In Harrisburg Car Accident Claims and What Evidence Can Help You
Fault in a Harrisburg car accident isn’t always obvious and insurance representatives often try to shift blame to avoid payouts. That’s why building a strong claim is important, especially in cases involving comparative negligence.
Proving how the crash happened and that the other driver is at fault is key. Evidence that can be used in your favor includes:
- Police reports documenting the crash;
- Eyewitness statements from passengers or bystanders;
- Traffic camera or dashcam footage;
- Photos of the vehicles, damage, and road conditions;
- Accident reconstruction reports from experts.
To protect your rights, avoid making statements that could be interpreted as admitting fault. Even saying “I’m sorry” at the scene can be used against you later.
To Protect Your Rights To Compensation In A Claim, Contact Our Harrisburg Car Accident Lawyer
Comparative negligence can make Harrisburg car accident claims more complex. At Ira H. Weinstock, P.C., we’ve helped countless clients successfully navigate these cases and recover the compensation they deserve.
We gather the evidence, deal with insurers, and fight to get you the maximum amount you are entitled to. To protect your rights, reach out today. Request a consultation with our experienced Harrisburg car accident lawyer.
Sources:
legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM
dauphincounty.gov/government/courts
