What does PA’s 51% Comparative Negligence Rule Mean for You?
After an accident, a common question is, “Can I still file a claim if part of it was my fault?” Maybe you were crossing the street, and a car hit you, but you stepped off the curb a moment before the light changed. Situations where both sides made a mistake happen all the time, and that’s where Pennsylvania’s 51% Modified Comparative Negligence Rule comes into play.
What the 51% Rule means is that you may be able to recover damages or money for your injuries as long as you weren’t primarily to blame. If you were 50% or less at fault, you can still receive compensation. If you were 51% or more at fault, you cannot.
The real challenge is determining those percentages. Often, insurance companies try to shift more of the degree of fault onto the injured person to reduce what they owe. That’s where having the right legal team matters. At Cohen, Feeley, Altemose & Rambo, we know how to push back, gather the proper evidence, and make sure your side of the story is clearly heard.
Real-life situations are seldom black-and-white, and accidents often involve some shared responsibility. So, if you do shoulder some of the blame, your compensation is reduced by the percentage of fault, as long as your percentage of fault is 50% or lower. For example, if you’re found 20% at fault on a claim worth $100,000, you would receive $80,000. It’s Pennsylvania’s way of ensuring responsibility and compensation are divided fairly.
The bottom line is this: even if you think you made a mistake that may have caused the accident, don’t assume you’re out of options. With our experienced attorneys on your side, you may have a stronger case than you realize.
If you or someone you care about has suffered an injury, the legal team at Cohen, Feeley, Altemose & Rambo is ready to assist you. Our attorneys specialize in personal injury claims and are committed to advocating for your rights and ensuring you receive the compensation you are entitled to. Reach out to us today for a complimentary consultation.
Fun Fact: Pennsylvania is one of only 23 states to have the 51% Rule.