Understanding Comparative Negligence in Motor Vehicle Cases
Philadelphia roadways are bustling with activity, and accidents can happen in an instant.
When determining fault in a motor vehicle accident, Pennsylvania's comparative negligence laws come into play. But what does this mean for those involved?
The Basics of Comparative Negligence
In Pennsylvania, fault is not always black and white. Comparative negligence allows for each party's degree of responsibility to be assessed. For instance, if you are found to be 20% at fault for an accident, your compensation could be reduced by that percentage.
How Fault is Determined
Fault is determined by evaluating factors such as driving behavior, traffic laws, and witness accounts. This process ensures that liability is fairly distributed based on the circumstances.
The 51% Rule
Under Pennsylvania law, you can only recover compensation if you are found to be less than 51% at fault for the accident. If your fault exceeds this threshold, you may not be eligible for damages.
Why It Matters
Understanding comparative negligence is crucial when navigating the aftermath of an accident. It emphasizes the importance of gathering evidence, such as police reports, photographs, and witness statements, to support your case.
Navigating the nuances of comparative negligence can be complex, but knowing your rights and responsibilities can help you move forward with confidence.
If you have been involved in a motor vehicle accident, Jensen Bagnato P.C. can help you understand your legal options.