When you are involved in a car accident, it’s important to understand that recovering compensation is not as simple as saying the other party hurt you and receiving a check for the money you are owed. This is because the courts must determine whether or not negligence occurred. Essentially, this is used to determine who was at fault for the accident. Additionally, there are different negligence statutes that vary by state, so familiarizing yourself with the laws in Pennsylvania is critical. The following blog explores these matters further. You’ll want to keep reading to learn how this can impact your accident case and how personal injury attorneys can help you through these challenging times.
What are the negligence statutes and which does PA adhere to?
Negligence is essentially a claim that someone breached their duty of care and that breach resulted in someone else sustaining an injury. For example, if someone is texting while driving or speeding, and this behavior causes them to crash into another car, injuring the driver, this would constitute negligence. This is because they have breached the standard of care that any reasonable person would take to prevent a collision or injury from occurring.
In some instances, it’s possible for both parties involved to be somewhat responsible for the accident. As such, there are doctrines established to help determine the outcome of a case.
The first is contributory negligence, which is only adhered to by a handful of states. Essentially, any injured party who is found even 1% liable for the collision will be prohibited from recovering any compensation.
This differs greatly from comparative negligence, which allows the injured party to recover compensation for the injuries sustained, depending on their degree of fault. The 50% and 51% rule states that any party deemed half or more than half responsible for the accident cannot recover compensation. Those under the percentage will recover compensation reduced by their degree of fault. For example, if you are deemed 35% responsible, the damages you are awarded will be reduced by 35%. However, if you are in a pure comparative negligence state, even if you are 99% at fault, you can recover compensation.
What can I do to help my case?
If you are hurt in an accident in Pennsylvania, which adheres to the 51% rule, doing what you can to improve your chances of receiving a favorable outcome is critical. Generally, you’ll find that the other party will try to claim you were negligent to reduce their own degree of fault. However, taking photos and videos of the scene, receiving immediate medical attention, and connecting with an attorney as soon as possible is critical to protecting yourself in these matters.
At Friedman Schuman Layser , we understand how complicated these matters can be. That’s why our team is committed to helping you fight for the full compensation you deserve if you’ve been injured by the negligence of another person. If you’ve been hurt, we can help. Contact us today to learn more.
