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Comparative Negligence in Pennsylvania Car Accidents: What It Means for Your Compensation

Car accidents can be a devastating experience, both physically and emotionally. Understanding the legal framework surrounding car accidents in Pennsylvania is crucial, especially when it comes to comparative negligence.

But what is comparative negligence? How does it affect the compensation you receive? If you’ve been in a car accident, you need to have a solid understanding of your rights and grasp the importance of seeking legal representation to help you navigate the complexities of this situation.

The Law Office of Deborah M. Truscello is Southeast Pennsylvania’s trusted personal injury lawyer, and we’re here to help you get the compensation you deserve.

What is Comparative Negligence?

Put simply, comparative negligence is a legal concept used to attribute responsibility for a car accident between two or more parties involved. This concept is based on the assumption that an accident may be the result of negligence not only by one party but by both or all of the involved parties to varying degrees.

Pennsylvania follows a modified version of comparative negligence, which states that a plaintiff’s recovery will be reduced by their percentage of fault, but if they are found to be more than 50% at fault, they are not entitled to recover any damages. This system ensures that the compensation each party receives is equivalent to their level of responsibility in causing the accident.

Determining Comparative Negligence in Car Accidents

Determining comparative negligence in a car accident can be a complex process. It involves:

  • Careful examination of the accident scene
  • Eye-witness accounts
  • Police reports
  • Vehicle damage
  • Testimony from experts

The process starts with insurance companies conducting their own investigations to identify what actions, or lack thereof, made each party contribute to the accident. These findings will guide the adjustment of the compensation amount. The final decision, however, often rests with a judge or a jury, who will assign a percentage of fault to each party after carefully considering all presented evidence.

How Comparative Negligence Affects Compensation

When you have been involved in a car accident in Pennsylvania, the concept of comparative negligence can significantly impact how much you receive. The way damages are allocated takes into account each party’s degree of fault, which can drastically affect the amount of money an individual is entitled to receive.

Adjustments to Compensation Due to Comparative Negligence

Once comparative negligence has been determined, adjustments are made to the compensation that each party is entitled to. This means that the compensation you receive is directly related to your level of fault in the accident. If you are found to be 20% at fault, for example, your payout will be reduced by 20%. If the total damages were $100,000, you would be entitled to $80,000 after the adjustments are made.

The legal landscape surrounding comparative negligence in Pennsylvania can be confusing and difficult to navigate. That’s why it’s best to trust a skilled accident attorney with your case. The Law Office of Deborah M. Truscello can provide the legal guidance and representation you need.

Navigating Comparative Negligence Claims

The process of addressing comparative negligence after a car accident involves several legal steps. First, you must work with your insurance company to report the accident and provide all necessary documentation, including:

  • Photos of the accident scene
  • Damage to vehicles
  • Any injuries

Next, the insurance company will conduct its own investigation to determine the degree of fault.

If the insurance company’s determination of fault doesn’t align with your view of the accident, you may have to file a lawsuit. During the lawsuit, all evidence will be collected and analyzed, including eyewitness statements, police reports, and expert testimony. Then, a judge or jury will make a final determination about the degree of fault.

This process can be exhausting, especially when you’re dealing with the impact of a car accident. Having experienced legal representation, such as from the Law Office of Deborah M. Truscello, can help you understand your rights, communicate with insurance companies, and present your case in court, so your side of the story is heard. When you hire an attorney to help you navigate the legal process, you can rest assured that he or she will gather the necessary evidence, negotiate with insurance adjusters, and represent you in court so you can get the compensation you deserve.

Trust the Law Office of Deborah M. Truscello with Your Comparative Negligence Case

Comparative negligence in Pennsylvania can be a confusing topic, especially if you’re dealing with the aftermath of a car accident. However, it’s a significant factor that can greatly affect the compensation you’re entitled to. In cases that involve comparative negligence, it’s best to seek experienced legal representation.

The Law Office of Deborah M. Truscello has over 25 years of experience in handling comparative negligence cases. We work tirelessly to ensure our clients understand their rights and get the compensation they deserve.

For help navigating your car accident compensation claim, contact the Law Office of Deborah M. Truscello for a free consultation. Call us at (610) 892-4940 or visit our website. We are committed to helping you through this difficult time and ensuring you receive the maximum compensation possible.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
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If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
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Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
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