Determining who was at fault after a crash can be difficult. Often, accidents involve complex scenarios where more than one person made mistakes or exhibited negligent behavior. As a result, one of the questions that people commonly ask is: “Can I sue if I’m partially at fault in a motor vehicle accident in PA?” The short answer is yes. In many cases, you can still file a car accident claim even if you were partially at fault.
Understanding Pennsylvania’s Comparative Fault
You don’t need to be 100% fault-free to file a claim in Pennsylvania. There are instances where more than one party can be assigned responsibility for the accident. This concept, known as modified comparative negligence, allows multiple parties to share the blame.
Below a certain threshold, you can still recover damages if you’re partially at fault. The caveat is that your amount to recover will be diminished by the percentage of fault you hold. However, if your fault is greater than the other party’s, you may not be able to recover anything at all. For this reason, determining fault after an accident is crucial.
What it Means to be Partially at Fault
If you are found to be partially at fault, it doesn’t necessarily mean you caused the accident. Partial fault means you may have done something to contribute to the way the accident happened.
Someone could have caused the accident, but you may have added to the severity by failing to use your turn signal or bracing for impact. Another possibility is that both of you were partially at fault. Maybe you were speeding, and the other driver tried to run a red light. Fault is determined based on these types of scenarios.
How Fault is Determined
Pennsylvania had 110,765 recorded road accidents in 2024. There were 1,127 fatalities and 66,950 injuries from these collisions. These accidents ranged in who was at fault. Some were more evident, such as being caused by a drunk driver, while others need more analysis to determine who holds what level of fault.
Insurers don’t assign blame arbitrarily. Evidence plays a critical role in painting an accurate picture of what happened. Some of the factors that they consider when determining fault include:
- Police reports
- Driver/witness statements
- Photos/videos of the crash
- Damage to vehicle
- Traffic laws/regulations
- Road conditions
This information is used to assign a percentage of fault to each party. Because different companies can interpret evidence differently, two insurance providers could conceivably reach different conclusions.
How this Affects Compensation
Once an insurance company assigns you a percentage of fault, your compensation is reduced. If you caused the accident, you may not be entitled to collect compensation from the other driver. However, being partially at fault doesn’t completely eliminate your ability to recover damages. Instead of paying for the full amount, they will pay what they believe your damages are worth minus your percentage of fault.
For example, if your injuries cost $100,000 to treat but you were 25% at fault for the accident, your compensation will be reduced by that same amount. Instead of paying $100,000, they will pay $75,000.
Situations Involving Multiple At-Fault Parties
Fault can be assigned to more than one driver for many different reasons. Some common situations where drivers share responsibility include:
- Rear-end accidents
- Intersection accidents
- Lane-change accidents
- Weather-related accidents
Each driver’s actions in these situations are analyzed to see how they affected the result. Instead of a single accountable person, the outcome is frequently a division of fault.
When to Hire a Car Accident Lawyer
One aspect of timing that can be important is deciding to hire a lawyer. When a case is still in its early stages, critical evidence may still be available, initial statements are made, and insurance companies are formulating their initial position.
Having an idea of how fault might be assigned can help make sure crucial details aren’t missed. This can be especially important if there is a shared fault or responsibility that is contested. A Pennsylvania car accident attorney understands car accident laws and can look at the facts of your case and help you get an estimate of what your fault may be.
FAQs
Does Partial Fault Affect My Insurance Rates in Pennsylvania?
Yes, insurance premiums go up if you are found liable for any amount of an accident. Insurance companies calculate risk with claims history. If you are partially responsible, they may still see that as an added risk. How much they raise your rates depends on your insurance company, your driving history, and the details of the accident.
Can Traffic Violations Automatically Affect My Fault?
No, not necessarily. Although violation of traffic laws can be compelling evidence of fault, it does not automatically determine liability. All of the facts and circumstances surrounding the crash are still taken into account, including the conduct of all drivers. Oftentimes, more than one driver will be found to have violated traffic laws.
Can Weather Conditions Reduce My Level of Fault?
Weather may affect comparative fault assessments. However, they do not absolve a driver of his or her duty to drive safely. Instead, weather conditions are just one of many factors that are taken into account. For instance, weather may be taken into consideration if it played a role in causing the accident, such as icy roads causing slips.
What Happens if New Evidence Changes Fault Determination Later?
New evidence can affect how much fault each side receives. This can be a new video that comes to light, or more witness statements, or professional testimony. Changes to fault percentages can alter the direction of a claim. Whether that be a settlement negotiation or a resolution further down the line.
Contact SMT Legal Today
If you were in a car accident and were partially at fault, you still may be able to recover compensation. SMT Legal can help. We understand car accident laws and can look at the facts of your case to help you have a potential outlook on what to expect. Contact us today for more information.
