Understanding Shared Fault in Pennsylvania Pedestrian Accidents
In Pennsylvania, the law follows what is known as a comparative fault system. This means that if you are involved in an accident, the blame for the incident is divided based on the actions of both parties involved. If you were partially at fault in the pedestrian accident, you might still be eligible to file a claim. However, the amount of compensation you can recover will be reduced based on your percentage of fault in the accident. This is important because even if you were partially to blame, you might still be entitled to compensation for your injuries and other damages. For example, if the court determines that you were 30% at fault for the accident, and the total damages amount to $100,000, you could still recover up to 70% of that amount, or $70,000. This system ensures that you are not unfairly penalized for the role you played in the accident while still holding others accountable for their actions.How Pennsylvania’s Comparative Fault Law Affects Your Claim
When you file a claim after a pedestrian accident, the other party or their insurance company will likely argue that you share responsibility for the accident. This is common, as they will want to reduce their own liability. In Pennsylvania, the amount of responsibility that is assigned to each party involved in the accident is a key factor in determining how much compensation you can recover. The more fault that is assigned to you, the less you may be able to recover. However, it’s important to note that the law still allows you to seek damages, even if you were partially at fault. This is in stark contrast to other states that have a contributory negligence rule, where if you are found to be even slightly at fault, you might not be able to recover anything. In Pennsylvania, as long as you are not more than 50% at fault for the accident, you can still pursue compensation.“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!
- Miguel Lopez
Examples of Partial Fault in Pedestrian Accidents
Understanding what it means to be partially at fault in a pedestrian accident can be tricky. Common examples of partial fault include crossing the street outside of a crosswalk, jaywalking, or not paying attention to traffic signals. If a driver is speeding or running a red light, and you were crossing the street outside of a designated crosswalk, both parties could share responsibility for the accident. Even in these situations, it’s crucial to remember that the percentage of fault will determine the amount of compensation you can receive. If you were crossing the street at a location where it wasn’t clearly marked as a crosswalk, but the driver was speeding and failed to stop for a red light, you might still be able to recover damages. The court or insurance companies will weigh the actions of both parties to determine the fair allocation of fault.Why You Still Need an Attorney
Navigating the complexities of a pedestrian accident case can be difficult, especially when you are partially at fault. Insurance companies are notorious for trying to minimize the amount they pay out, and they will often try to place a larger portion of the blame on you to reduce their liability. This is why it’s so important to have an experienced attorney on your side. An attorney can help gather evidence, such as traffic camera footage, eyewitness testimony, and accident reconstruction reports, to strengthen your case and prove the other party’s responsibility. They will fight to ensure that the court or insurance company assigns a fair percentage of fault based on the facts, and not just on arguments made by the opposing side. Furthermore, your lawyer will guide you through the legal process, explaining your options at each step, and ensuring that you don’t miss any important deadlines. They will also negotiate on your behalf to secure the best possible settlement or verdict for your case.Related Videos
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