man on the phone after a car accident

What Does 51% Comparative Negligence Mean?

Proving liability after a car accident can be one of the more difficult things. However, doing so is crucial to your ability to obtain compensation. Another thing you need to know is how Pennsylvania laws work when you need to obtain compensation.

Pennsylvania operates on a modified comparative negligence with a 51 percent rule. This rule impacts how you may recover compensation, even if you hold some of the fault in causing the accident that led to your injuries. Below, we’ll explain exactly what that means and what your options are moving forward after a crash.

51% Rule

In order to obtain compensation, the jury or insurance must determine how much percentage of fault you hold and how accountable you may be for the crash. You can file a lawsuit if the insurance company or police say that you are 51 percent at fault.

Pennsylvania is one of the states that institutes this rule, which makes it more complex for individuals who feel they are at fault for some of the crash. It’s best to speak with an attorney to get a better idea of fault percentage and how you may move forward.

The Impact on Compensation

Your compensation will be adjusted based on the percentage of fault distributed to you in the case. For instance, if a jury or insurance adjuster determines you to be 30% at fault for your accident, you will receive compensation reduced by that 30%.

If you are awarded $100,000 for your damages, the 30% modifier will remove $30,000 for your liability. Your final compensation would be $70,000 instead because you were considered partially at fault for your own damages.

At Mayerson Injury Law, P.C., we’ll be there to help you understand your options. We stand in your corner every step of the way, working to obtain the compensation you need. When you need a strong voice, our Pottstown car accident lawyers will be your trusted partners during the most complex times.

Call our firm today at (610) 492-7155 and discuss your options in a free consultation.

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