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.
