Can I Still Sue After an Auto Accident If I Was Partly At Fault?
Imagine that you were in a car accident in Scranton or Stroudsburg, PA. The other driver hit you and is mostly to blame for what happened. Mostly. While you didn’t admit it at the scene of the collision, you were partially responsible for the crash.
Can you still sue in that scenario?
The answer is yes, but it can get complicated.
The team at the Foley Law Firm hears about situations like this regularly, which is why it’s crucial to work with lawyers familiar with Pennsylvania car accident laws. Let’s discuss partial liabiity and car crash lawsuits.
Liability in Pennsylvania: The Modified Comparative Fault Rule
When it comes to accident litigation, the state of Pennsylvania allows drivers who are partially at fault for a crash to file a claim. This is because the state has a modified comparative fault rule in place.
What Does Modified Comparative Fault Mean?
In simple terms, modified comparative fault means that a person partially at fault can file a personal injury lawsuit. However, that person must share 50% or less of the blame.
How Does Modified Comparative Affect Damages?
If a person is more than 51% responsible, they cannot collect any legal damages.
If a person is partially to blame for a crash, that percentage of their fault will be deducted from the final legal damages awarded.
An Example of Modified Comparative Fault
It’s easier to illustrate the above by offering an example.
Say that the plaintiff was hit by a driver who was speeding and ran a red light at an intersection. Even though the defendant ran the red light, the plaintiff failed to signal while making their turn.
Say that the jury finds in the plaintiff’s favor, awarding them $100,000. However, the jury found that the plaintiff was 20% at fault for the crash.
In the end, the plaintiff would receive $80,000.
What Modified Comparative Fault Could Mean for Your Case
If you were partially to blame for a crash, you would not be able to collect the full amount of damages sought. It could be more worthwhile to settle the case outside of court rather than go through a protracted legal battle. This is especially true if you shared a comparable amount of liability with the other driver.
How Our Lawyers Can Help With These Kinds of Crashes
The best way to determine your best course of legal action is to speak with the legal team here at the Foley Law Firm. Our attorneys bring years of knowledge to each case, having spent decades working in personal injury law.
During the consultation process, we can help you understand how your partial liability for a crash could affect your case. We can also advise you on whether or not to accept a settlement for your injuries and property damage.
Request a Consultation With Our Lawyers
Regardless of who was predominantly at fault in a collision, it’s a good idea to speak with a lawyer about what happened. To discuss your case with qualified crash attorneys in Scranton and Stroudsburg, contact the Foley Law Firm today.