"They Say It Was Partly My Fault" Comparative Negligence in Pennsylvania

The short answer

In Pennsylvania, you can still recover compensation if you were partly at fault, as long as your share of the fault is not greater than the other side's. The practical line is 51%. At 50% or less, you recover. At 51% or more, you recover nothing.

Your recovery is then reduced by your percentage of fault. If your damages are assessed at $100,000 and you are found 20% at fault, you receive $80,000.

Who decides the percentage?

Ultimately, a jury. In practice, for most claims that never reach a courtroom, the percentage is whatever the insurance adjuster asserts until someone pushes back with evidence.

That is the part worth understanding. There is no official body that assigns fault percentages after a crash. The police report reflects an officer's opinion, and it carries weight with insurers, but it does not decide the question either.

Why adjusters raise fault so early

Because it is the cheapest lever available. Reducing a claim's value by arguing 30% comparative fault costs an insurer nothing but a phone call, and it works particularly well on people who are already inclined to blame themselves.

This is also why the recorded statement matters so much. A person who says 'I guess I could have been going a little slower' in the first week has handed over an argument that will be quoted back for two years.

Common fault arguments — and one that mostly does not work

In vehicle cases: speed, distraction, following distance, failure to signal, and driving conditions. In fall cases: the hazard was 'open and obvious,' the footwear was inappropriate, or the person was not watching where they were going. For pedestrians: crossing outside a crosswalk.

One argument that carries far less weight in Pennsylvania than most people expect is seatbelt use. Pennsylvania's Vehicle Code generally bars evidence that an occupant was not wearing a seatbelt from being used to reduce damages in most civil actions. Insurers still raise it informally. It is worth knowing that the law does not support it the way they imply.

What if more than one person was at fault?

Fault can be spread across several defendants as well as the injured person. Pennsylvania's rules on how much any single defendant has to pay depend on that defendant's own share — a defendant found at least 60% liable can generally be held responsible for the whole verdict, while defendants below that threshold are typically responsible only for their own percentage.

This matters most when one at-fault party has little or no insurance and another has substantial coverage.

What actually helps

Evidence, gathered early. Photographs of the scene from several angles and distances, before anything is moved or repaired. The names and numbers of witnesses, including people who did not speak to police. The crash report. Nearby business or doorbell cameras, requested within days. And a clear, unembellished account of what happened that you give once, carefully — not five versions over five phone calls.

Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County.