What Are At-Fault Accidents in Pennsylvania?
Understanding At-Fault Accidents Under Pennsylvania Law
In the context of Pennsylvania car accident law and insurance, an “at-fault accident” is one in which a driver’s negligence or wrongful conduct is determined to have caused or contributed to the collision. Fault determination is central to who pays for damages — including medical bills, lost wages, vehicle damage, and pain and suffering — and how much each responsible party owes.
Pennsylvania’s Modified Comparative Fault System
Pennsylvania does not follow a pure “winner-take-all” fault system. Instead, Pennsylvania applies modified comparative negligence (42 Pa. C.S. § 7102), which means:
- Multiple parties can share fault for the same accident
- Each party’s recovery is reduced by their own percentage of fault
- A party who is 51% or more at fault cannot recover any compensation from the other party
- A party who is 50% or less at fault can recover, but their recovery is reduced by their fault percentage
For example, a driver who runs a yellow light and is struck by a speeding driver might be found 30% at fault, while the speeding driver is 70% at fault. Each party’s recovery from the other is adjusted accordingly.
How Fault Is Determined in Pennsylvania
Fault in a Pennsylvania car accident can be established through police reports, eyewitness accounts, vehicle damage analysis, physical evidence at the scene, surveillance video, and expert accident reconstruction testimony. Traffic violations — such as speeding, running a red light, or failing to yield — are often central to fault findings. Pennsylvania traffic law creates a duty of care for all drivers, and a violation of that duty that causes injury generally constitutes negligence.
At-Fault Accidents and Your Insurance
If you are determined to be at fault in a Pennsylvania accident, your liability coverage pays for the other party’s damages up to your policy limits. Your own collision coverage (if you carry it) handles your vehicle damage, subject to your deductible. Pennsylvania’s at-fault determination may also trigger a surcharge on your policy at renewal.
If you’ve been injured in an accident and fault is disputed, the attorneys at Purchase, George & Murphey, P.C. can help evaluate your claim and fight for the compensation you’re owed. Contact our Erie office for a free consultation.
