Car accidents are rarely clear-cut. In Pennsylvania and New Jersey, more than one driver may share some responsibility for a crash. When this happens, comparative negligence laws determine whether you can recover compensation—and how much.
What Is Comparative Negligence?
Comparative negligence is a legal rule that assigns percentages of fault to each party. In Pennsylvania, you may recover damages as long as you are found less than 51% responsible. However, your recovery is reduced by your share of fault. For example, a $100,000 award becomes $80,000 if you are 20% at fault.
Why Insurance Companies Push Fault
Insurers often try to shift a greater portion of the blame onto accident victims to minimize payouts. Without experienced legal representation, you may accept less than what you deserve.
Examples of Shared Fault
- A driver speeds through an intersection while another fails to yield.
- A rear-end crash where the front driver’s brake lights were broken.
- A pedestrian jaywalks, but the driver was texting at the time.
Each case requires careful investigation, accident reconstruction, and sometimes expert testimony to properly assign fault.
How an Attorney Protects You
At Cooper Schall & Levy, P.C., our attorneys gather police reports, eyewitness accounts, medical documentation, and expert analysis to minimize your assigned fault and maximize your recovery. Our proven track record includes multi-million-dollar verdicts for accident victims throughout Philadelphia and the surrounding counties.
Conclusion
If you’ve been injured in a car accident in Pennsylvania or New Jersey, don’t let insurance companies unfairly assign blame. Contact Cooper Schall & Levy, P.C. today for a free consultation and let us fight to protect your rights.
