Can I Still Recover Compensation if I Was Partially at Fault in the Accident?

If you have recently fallen victim to a crash, you may experience significant injuries and damage to your vehicle. An inability to work and a looming stack of medical bills may make it difficult to keep on top of everyday living expenses. On top of everything, you may find yourself consumed with scheduling doctor’s visits, surgeries, and physical therapy appointments.

Unfortunately, recovering compensation is not as straightforward as recovering the amount that you have spent in relation to the crash. While accident-related damages may justify a certain settlement amount, your compensation will be reduced if you are found partially at fault. If you have recently been injured in a crash, do not hesitate to reach out to the Philadelphia car accident attorneys at HGSK Injury Lawyers today.

Determining Fault in a Philadelphia Car Accident

Fault in a car accident centers around which party or parties behaved with less than reasonable care, known as negligence. A successful car accident claim involves establishing the following elements of negligence:

• Duty of care: Motorists have a duty to follow traffic regulations to keep other road users safe.
• Breach of duty: Through either an act or omission, a motorist fails to follow one or more traffic rules and regulations.
• Causation: The driver’s breach of duty must be the direct cause of your injuries.
• Damages: As a result of the accident, you suffered measurable losses in the form of lost wages, medical expenses, vehicle repairs, and pain and suffering.

How Comparative Fault Impacts a Victim’s Compensation

If you are partially at fault for the collision, the Commonwealth does not prohibit you from recovery. Rather, your compensation will be reduced based on your percentage of fault. So, if you file a $40,000 bodily injury claim but are 30% at fault, you will only recover 70% of your claim, or $28,000.

This can most certainly create a financial hardship, especially if you have hospital, surgery, and physical therapy expenses that you need assistance with paying. However, under the state’s comparative negligence law, you will be barred from recovery if you are more than 50% responsible for the accident.

Evidence to Prove Fault in a Philadelphia Car Accident

A car accident lawyer will assist you in gathering the following evidence to prove the other party’s liability:

Photographs

If possible, you should take pictures of the accident scene, including any broken headlights or taillights, bent fenders, and shredded tires. Also, take pictures of the final resting positions of the vehicles involved and any nearby intersections or identifying landmarks. The more information you gather, the more likely an accident reconstructionist or investigator will be able to recreate the accident. Additionally, take pictures of your own injuries. While your injuries will not necessarily highlight the other driver’s liability, it can be helpful in recouping damages.

Video Surveillance

If there are any nearby businesses that have surveillance cameras, ask if you can see footage of the day of the accident. A video will show the accident happening in real-time, likely confirming the speed of both vehicles and the sequence of events that led up to the crash. If the other driver provides a statement that conflicts with video footage, the driver’s credibility will likely be called into question.

Police Reports

The state of Pennsylvania requires that you contact the police following an accident if there are any injuries, fatalities, or more than $1,000 in property damage. The police report will identify the names of all drivers and passengers in the collision, the make/model of each vehicle, road and weather conditions at the time of the accident, and who the officer believes caused the crash. A copy of the police report will be requested when submitting your insurance claim, although the third-hand account of events prevents you from using the report in court.

Your Account of the Accident

When the police officer arrives at the scene, they will likely take a statement from each driver concerning the accident. Be sure to describe as clearly as possible how the accident happened, including what you saw, heard, or felt. This may involve seeing the other driver running a red light, hearing screeching brakes, or feeling your vehicle shaking from the initial impact of the collision.

Eyewitness Statement

If any bystanders saw the accident, be sure to ask for their names and contact information. If you called the police, ask if any witnesses will be willing to remain at the scene to provide a brief statement to the authorities. An eyewitness provides a neutral perspective, often carrying more weight in proving liability. Both written and recorded statements can be invaluable in discerning what unfolded.

If you do get the contact information of an eyewitness, a car accident lawyer may call them in for further questioning at a later date. In lieu of video evidence, an eyewitness may be able to fill in any gaps in information, helping you to receive a large settlement or award. Of course, the credibility of the witness will need to be established before relying on their testimony. A Philadelphia car accident lawyer can help to verify an eyewitness’s credibility, helping to strengthen your claim.

Contact Our Philadelphia Car Accident Lawyers Today

If you have been found partially at fault in a car accident in Philadelphia, HGSK Injury Lawyers would like to help you with financial recovery. Assisting over 26,000 injury victims throughout our tenure, our Philadelphia car accident attorneys understand the importance of recovering maximum damages following a crash. While the damage from an accident cannot be reversed, your physical, emotional, and financial losses can and should be compensated.

To schedule a free consultation to learn more, contact us online or by calling (267) 551-8782 today.