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Tackling Negligence with a
Pennsylvania Accident Attorney
You need a Pennsylvania accident attorney to tackle the negligence or fault of the injurer or defendant in an auto accident.
Getting a conviction on the grounds of negligence or fault sounds easy but the auto accident law has intricacies which sometimes only an accident attorney can handle.
In an accident, the victim of the accident sues the injurer on the basis of fault or negligence. In some cases, it can be claimed that the injurer was at complete fault. But many times, if you look closely at both parties involved in the car accident, it appears that both are partially to be blamed for the accident.
In a case such as that, fighting for the compensation based on percentage of fault can be difficult to resolve without the help of a Pennsylvania accident lawyer.
Let’s look at the various ways of compensation based on negligence or fault:
- Contributory Negligence
- Comparative negligence
- Pure Comparative Fault
- Proportional Comparative Fault at 51%
- Proportional comparative Fault at 50%
Contributory Negligence
In the case of contributory negligence, all parties at fault must be verified. If you are the victim of an accident and are only marginally at fault, while the other party is found to be much more at fault, you can still fail to be compensated as you were contributing to the negligence.
Comparative Negligence
In comparative negligence, the cause of the accident is verified and comparative negligence of both parties is analyzed. Based on this analysis, compensation is allocated for the victim based on his percentage of fault in the accident.
Comparative negligence has following 3 different scenarios.
Pure Comparative fault:Pure comparative fault compensation is calculated purely based on the proportion of negligence or fault of the victim.
If the victim has suffered some damage and the victim’s fault in the accident is deemed to be 60%, then only 40% of the determined total loss will be compensated for by the other party.
For example, if the total damages and loss are calculated at $10,000, then you would only be compensated for $4,000 if you were found to be 60% at fault in the automobile.
Proportional Comparative Fault at 51% When you are dealing with proportional comparative fault at 51%, you would not be eligible for compensation if you are 51% or more at fault in the accident. In the scenario above (60% at fault), you would receive no compensation whatsoever for your losses.
The state of Pennsylvania has adopted Proportional Comparative Fault at 51% as its standard for compensation for auto accidents. No wonder the Pennsylvania auto accident lawyer is always in demand.
Proportional comparative Fault at 50%Under proportional comparative fault at 50%, you would be entitled to compensation if you are less than 50% at fault in an auto accident. If your fault is determined to be 50% or greater, you will not be eligible for any compensation.
Tackle the fault with the help of a Pennsylvania accident attorney The insurance company claim adjuster determines the compensation amount and the degree of fault of both the parties. If you have a Pennsylvania accident attorney on your side, it is easier to tackle the case if you feel you are not being treated fairly.
A skillful Pennsylvania accident lawyer will carefully investigate the accident details and negotiate the lowest degree of fault for you.
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