After a car accident, you may assume the other driver was clearly at fault. Insurance companies usually take a different position, arguing that you share part of the blame, which could lower the amount of compensation you receive. An experienced car accident attorney at our firm could protect you from these tactics and pursue the full value of your claim.
Understanding comparative negligence in Philadelphia car accident claims is important for anyone who has been hurt in a crash, as the law decides how shared fault affects your recovery. At Soloff & Zervanos, P.C., we know how to counter these arguments and help you get the compensation you deserve.
In a Philadelphia car wreck case, comparative negligence refers to situations where more than one person shares blame. Under state law, you can still recover damages as long as you are not more than 50 percent at fault for the crash.
If your share of the blame is 51 percent or higher, you cannot recover any compensation. That single percentage point could mean the difference between a fair payment and nothing at all.
The state’s comparative negligence law, 42 Pennsylvania Consolidated Statutes § 7102, outlines this rule. In simple terms, your fault must be at or below the other driver’s fault for you to receive compensation. Our attorneys could explain how this rule applies to your situation.
When you share fault, the court reduces your compensation by your percentage of blame. If a jury values your case at $100,000 and assigns you 20 percent of the fault, your award will be $80,000.
The more blame you share, the less you recover. This makes your exact percentage of fault very important, and it is not always clear. An insurance adjuster or a jury assigns each person a share of the blame based on the evidence. Even a small change in this number could cost you thousands of dollars.
Insurance companies know this, so they search for any reason to shift fault onto you. Common assertions include:
Our Philadelphia car crash lawyers could challenge these claims of shared fault and protect your recovery.
The state’s comparative negligence law gives insurance companies a method to reduce what they pay when you file a claim after a Philadelphia car wreck. Without strong evidence to support your case, they could blame you for more than your true role in the crash.
Our lawyers could gather evidence, such as crash reports, witness statements, and expert opinions, to keep fault where it belongs. The stronger your evidence, the harder it is for the insurer to shift blame onto you.
At Soloff & Zervanos, P.C., we have decades of experience holding negligent drivers accountable. Our lawyers could build a strong case and communicate with the insurance company for you.
Shared fault does not have to end your case. Even if you were partly to blame, you may still have the right to recover compensation for your injuries and losses.
The rules regarding comparative negligence in Philadelphia car accident claims can be confusing, but you do not have to handle them alone. Contact Soloff & Zervanos, P.C. today for a free consultation, and let us protect your right to fair compensation.
