What is Comparative Negligence Law?

How Can Comparative Negligence Law in Pennsylvania Affect Your Car Accident Compensation?

When you’re involved in a car accident, especially in Pennsylvania, understanding comparative negligence law becomes crucial. While some accidents are mere fender-benders, others can drastically impact your life, leading to significant physical injuries, emotional distress, and financial difficulties.

The car crash accident attorneys at Lenahan & Dempsey talk about the concept of comparative negligence law in car accidents, a key part of Pennsylvania law. This framework could be the determining factor in how much compensation you’re entitled to receive after a car accident injury.

The importance of understanding who is liable and how responsibility is shared cannot be overlooked. Throughout this blog, you’ll learn about what comparative negligence is, how fault is allocated, and what your legal recourse options are.

The Complexity of Comparative Negligence in Car Accidents

Comparative negligence is a legal principle that applies when two or more parties are involved in a car collision, and both share some degree of fault. Sound complicated? Let’s simplify it. Imagine you’re involved in an unfortunate car accident on an icy Pennsylvania road. Even if you’ve contributed slightly to the mishap, the law allows you to recover certain damages. Your compensation, however, is reduced by the percentage of your fault.

Legally, at trial, a jury assigns a percentage of fault to each party. Your compensation will decrease according to how responsible you are found to be. For example, if you’re deemed 25% at fault in a car accident case, you’ll only receive 75% of your initial claim for damages.

One interesting aspect of Pennsylvania law is that it follows a modified comparative negligence model, where recovery is barred if you are found to be 51% or more at fault. If you are found 50% or less at fault, you can still recover but your damages will be reduced by your percentage of fault.  The law thus brings a sense of fairness but underscores the importance of having skilled legal representation to argue in your favor.

Fault Sharing in Car Accidents

Understanding how fault is shared among multiple parties can initially seem overwhelming. Yet, grasping this can help you get the damages you deserve in the future. Imagine two drivers in Pennsylvania are approaching an intersection. One runs a red light while the other speeds through the yellow. A collision ensues, leading to a car accident injury.

The court might conclude that the first driver holds 80% of the blame while the second driver is 20% accountable. The injured party, though partially responsible, can still claim compensation. However, the total award will be reduced by 20%. This is how fault sharing works, serving as the foundation of your chances of securing a fair settlement.

Legal Recourse for Car Accident Injuries in Pennsylvania

Navigating the maze of legal terms and conditions after a car accident can be daunting. Yet, securing legal counsel is often vital in pursuing fair compensation. It’s indispensable to have a skilled attorney at your side to handle insurance companies and complex legal proceedings.

The Scranton car accident attorneys at Lenahan & Dempsey bring a wealth of experience to the table. Our experienced team assists in thoroughly evaluating and presenting your car accident case, ensuring you stand the best chance of securing the compensation you deserve.

The process typically begins with a detailed consultation and the accumulation of necessary evidence to prove you were not more than 50% at fault. From medical records to police reports, compiling comprehensive documentation is crucial. Our adept car accident attorney will skillfully maneuver through these complexities, ensuring your case is presented in the best light.

Grasping the Wider Picture of Comparative Negligence Law in Pennsylvania

By now, the puzzle of comparative negligence should be a lot clearer. We’ve explored why this aspect of Pennsylvania law is pivotal for understanding what happens after a car accident injury. The law pretty much wants fairness, ensuring that even if you’re partially responsible, you can recover some of the damages.

Knowing these laws provides an upper hand, arming you with essential information to discuss further with our attorneys. This knowledge ensures you’re prepared for the unexpected, equipping you to maneuver with confidence through legal waters.

Taking Action with Legal Confidence From Lenahan & Dempsey

Dealing with the aftermath of a car accident is distressing, but understanding Pennsylvania’s comparative negligence law can overcome some uncertainties. This legal framework goes beyond assigning blame—it provides a pathway to recovery and justice. By reaching out to a knowledgeable lawyer, you’re not just searching for compensation; you’re securing peace of mind and a chance to reclaim what a car accident took away.

For anyone trying to secure compensation after a car crash that was somewhat their fault, get in touch with the attorneys at Lenahan & Dempsey Contact us to protect your rights and secure your rightful compensation today.

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