Many car accident victims wonder if they will still be able to recover compensation if they were partially at fault for the crash. Insurance companies love to take advantage of this fear and might try to convince them that they have no right to recovery. However, this may not be true.
The best way to determine what happens if you were partially at fault in a car accident is to consult with an experienced car accident lawyer who will put your interests first. The attorneys with Cousin Benny Personal Injury regularly work with people who have been involved in accidents where fault is shared between multiple drivers. We can discuss your legal options during a free consultation. Call us today to get started.
Pennsylvania’s Auto Insurance System
The first thing to know about Pennsylvania’s car insurance system is that it is fault-based. This means that the driver determined to be at fault for a car crash is responsible for paying for the damages that they cause. Injured motorists generally file an insurance claim with the at-fault driver’s liability insurance policy.
All drivers are required to maintain minimum liability insurance to cover the damages they cause through their negligence in the following amounts:
- $15,000 in bodily injury liability for one person injury in an accident
- $30,000 in bodily injury liability for more than one person injured in an accident
- $5,000 in property damage liability
The Modified Comparative Negligence System in Pennsylvania
While some auto accidents are clearly one driver’s fault, other accidents may be caused by the actions of multiple drivers. For example, one driver may have been distracted, while another is speeding. In Pennsylvania, partial fault is not an automatic bar to recovery.
How a case involving the fault of the accident victim can proceed depends on the specific circumstances of the case. Pennsylvania uses a modified comparative negligence system. Under this system, a car accident victim can still pursue compensation if they were not more at fault for the accident than the defendant.
However, the victim’s compensation is reduced by their degree of fault. For example, if you are found to be responsible for 20% of the accident, and the other driver is determined to be 80% responsible, you can recover 80% of your damages.
Can I Recover Compensation If I Was Partially to Blame for the Accident?
This depends on how much you were at fault. If the other driver was more at fault for the accident than you were, you can pursue compensation, up to their degree of fault. If you were more at fault for the accident than they were, you cannot pursue compensation. The other driver might have a viable claim against you for compensation.
Who Determines Fault in a Pennsylvania Car Accident?
How responsibility for an auto crash is divided can be one of the most hotly contested issues in a car accident claim. How this legal issue is resolved will directly impact how much compensation you can recover after an automobile accident. Various parties may determine fault in a Pennsylvania car accident, such as:
- The police: The police officer who responded to the accident may conduct a preliminary investigation. In some cases, they may cite a driver for a traffic violation that caused the accident.
- Insurance companies: Insurance companies are for-profit companies that will try to protect their profit margins by shifting as much blame as possible to others. They may try to push to increase fault percentages assigned to claimants.
- Attorneys: Car accident lawyers may conduct independent investigations to prove to the insurance company how the accident occurred and why the victim is entitled to fair compensation.
- Judges or juries: If personal injury attorneys and insurance companies cannot reach a consensus regarding fault, the attorney may file a personal injury lawsuit. The judge or jury assigned to the case is responsible for determining fault.
How to Prove Fault in a Car Accident
Fault in car accidents is not determined by one factor. It is essential to carefully evaluate how the crash occurred and how each party’s actions contributed to it. Because different people can reach different conclusions regarding fault, it is important to have objective evidence to help tilt the case in your favor, such as:
- Police reports: Police reports include important details about how the accident happened, statements from the drivers, road and weather conditions, and possibly a diagram of the accident scene. Police officers might cite a driver for breaking a traffic rule.
- Witness statements: Statements from objective witnesses can be powerful evidence because they have nothing to gain by providing a false narrative to insurance companies or investigators. Witnesses may be able to explain how a driver was speeding, texting, or running a red light.
- Video footage: Cameras are everywhere these days. Video footage from dash cams, traffic cameras, or nearby surveillance cameras may have captured actions occurring near the time of the accident that can help prove fault.
- Accident scene photos: Accident scene photos might capture details that contributed to the accident, such as road or weather conditions, nearby traffic signals or signs, or debris in the roadway.
- Vehicle damage: Damage to the vehicles involved in the accident, skid marks, and other physical evidence can help piece together how the crash occurred.
- Event data recorders: Modern vehicles have event data recorders installed in them that operate similarly to the black boxes in commercial airplanes. These machines can record information about the vehicle’s position, braking actions, and speeds immediately before the car crash.
- Medical records: Medical documentation can help link the victim’s injuries and the accident.
- Reports from accident reconstruction experts: Car accidents are often confusing events. Accident reconstructionists use evidence to create visual representations of how the crash occurred, which can provide significant assistance in cases involving the fault of multiple parties.
How Can a Car Accident Lawyer Help in a Disputed Fault Case?
Experienced car accident attorneys can provide critical legal assistance in cases involving disputed fault. Some of the reasons why you should consider hiring a car accident lawyer in a case involving shared fault include:
Insurance Companies Argue for Higher Fault Percentages
Insurance companies have a financial incentive to blame others for the accident. They make more money when they devalue, minimize, and deny as many claims as possible. This means that when someone makes an insurance claim, they are looking for any way possible to reduce the amount of that claim.
When the fault of two or more parties is at issue, there is room for dispute. Insurance companies may try to argue for a higher fault percentage to be placed against you, which can eliminate or reduce potential financial recovery. Insurance tactics designed to minimize payouts can include:
- Questioning driver and witness statements
- Emphasizing minor details
- Interpreting evidence in their insured’s favor
Having competent legal representation can help counter these tactics and focus attention on all of the circumstances that combined to cause the accident.
Small Details Can Significantly Affect the Division of Responsibility
In states like Pennsylvania that use a modified comparative fault system, small details matter. The more fault that is assigned to you, the less compensation you stand to receive. An experienced car accident lawyer can evaluate your case to determine if the division of fault is unfair or if the insurance company is using a small detail to drastically alter the value of a settlement.
You Can Lose Money If Too Much Fault Is Assigned to You
In states like Pennsylvania that use a modified comparative fault system, a small percentage of fault attribution one way or the other could make the difference between being able to file a legal claim or not. In Pennsylvania, you cannot pursue a claim if the other party is less at fault for the accident than you are.
Even if your ability to recover compensation isn’t completely eliminated, your damages award could be reduced when the insurance company assigns a higher percent of fault to you than is fair. This is because under the modified comparative fault system, your compensation is reduced by your degree of fault. If you have suffered hundreds of thousands of dollars in compensation, a 1% to 3% difference in fault attribution can mean the loss of thousands of dollars in compensation.
An Independent Investigation Might Be Necessary
Insurance claims involving disputed liability, multiple parties, or shared responsibility are usually more complex than cases in which liability is more straightforward. Insurance companies and personal injury lawyers may disagree about evidence, have competing narratives, and interpret information differently. An independent investigation may be necessary to arrive at a more objective perspective.
A Lawyer Can Build a Strong Case
A car accident lawyer can take many steps to protect your claim and build a compelling case for compensation, including:
- Identify and gather evidence that can paint a clear picture of how the accident occurred, such as event data recorders, video footage from the crash site, and physical evidence
- Preserve evidence before it is lost, destroyed, or overwritten
- Organize and present evidence in a compelling manner
- Handle communications with insurance adjusters
- Request your medical records and present them in a way that shows that they are consistent with your version of events
- Defend you against unfair tactics designed to shift blame onto the victim
How Will Shared Fault Affect My Pennsylvania Car Accident?
In shared fault car accident claims, insurance adjusters argue that you should receive less compensation because your actions contributed to your injuries. Your compensation is reduced proportionately by your degree of fault. So, the more successful the insurance company is at showing you were responsible for the accident, the less it will have to pay.
Why Do Insurance Companies Try to Increase Fault Percentages in Pennsylvania?
The answer is simple: money. Insurance companies are for-profit entities. They make a lot of money every year by charging more in premiums than they pay out in claims. The more blame that they can get you to accept, the less they will have to pay for your claim. Insurance adjusters look for any reason to shift responsibility, including any admissions of responsibility at the accident scene, gaps in your medical treatment, or small details that point to your negligence in the accident.
Should I Provide a Recorded Statement After a Car Accident?
Personal injury lawyers often recommend against giving a recorded statement because insurance adjusters try to use them against the victim by:
- Getting them to say that they are “fine” and then using that innocent comment to make it seem like they were not seriously injured
- Getting them to lock into facts that later turn out not to be true, such as the speed they were driving
- Getting them to agree that it was good that they were not seriously injured so that they can reduce the value of their claim
- Getting them to admit responsibility for the accident
A personal injury attorney can handle communications with the insurance company to protect your claim.
Contact Cousin Benny Personal Injury for Help with Your Partial Fault Car Accident Claim
If you were involved in an accident in which you believe you were partially at fault, you need the help of an experienced attorney. The attorneys at Cousin Benny Personal Injury have over 25 years of collective experience and have successfully recovered millions of dollars in compensation for our clients, often by pushing back against insurance tactics and demanding the full and fair compensation that our clients deserve.
We are so confident in our ability to recover compensation for our clients that we do not charge a fee unless we win. We know how insurance companies approach cases involving partial fault and how to build a compelling narrative aimed at recovering maximum compensation. We can carefully review how much responsibility was assigned to you and how to challenge tactics if this fault apportionment does not fairly reflect the facts. Contact us today for a free consultation.