Following a serious motor vehicle wreck that results in injuries, you may be in a state of shock. You might have been out running errands or on your way home from work, and then in the blink of an eye, everything changed. Now you are dealing with police officers, insurance companies, medical bills, and maybe even physical therapy appointments. All of this can feel overwhelming. Allow an experienced car accident attorney to taken on the legal burden for you.
With the help of a knowledgeable legal professional, you could seek compensation for all your losses following a collision with another vehicle. However, when pursuing a personal injury claim, you must prove that the other driver was to blame, or at least 50 percent responsible. Learn more about how comparative negligence works in Johnstown car crash claims.
Pennsylvania is a comparative negligence state. Therefore, any cities, counties, or municipalities within the state also uphold this rule in personal injury cases. Comparative negligence is designed to reduce a victim’s financial recovery if he or she was also partially to blame for the collision. An individual who is making a claim for an injury as a result of a motor vehicle accident can make a recovery as long as he or she is 50 percent or less at fault for the wreck.
For example, if two drivers have a vehicle collision and they are equally to blame, then an injured individual can seek recovery through a personal injury lawsuit because he was only 50 percent at-fault. However, if that percentage of fault was 51 percent, then he or she bears the bulk of the liability and would not be able to make any kind of recovery for damages. Measuring comparative negligence is how liability is determined in all Johnstown car accident cases.
While an injured person who is found to be 50 percent or less at fault can seek compensation through legal action, he or she will not be able to recover fully because she or she bears some of the blame. The financial award will be reduced by the percentage of his or her own fault.
For example, if the victim’s total damages are $100,000, and he or she is determined to be 25 percent at fault for the incident, then the recovery is $75,000. The sum of $25,000 is deducted from the total award because of the comparative negligence law in the state of Pennsylvania.
Comparative negligence is a factor in many motor vehicle collision cases in Johnstown. A defendant driver’s insurance company will be looking for evidence that there was at least some comparative negligence by the injured person who is asserting the claim. These companies will do everything they can to pay a lesser amount, which is one of the reasons why it is imperative to retain an experienced attorney as early as possible following a car wreck. A committed lawyer could work to establish that the other party bears 100 percent responsibility and there was no comparative negligence, so that a plaintiff’s recovery will not be reduced.
Proving someone else’s misconduct is to blame, or at least mostly to blame, is essential to obtaining the financial awards that you deserve. Do not allow the defendant’s insurance company to bully you into admitting fault for a motor vehicle collision. Reach out to a dedicated lawyer at Marcus & Mack to learn more about comparative negligence in Johnstown car crash claims and get the fully recovery that you are owed.