When you are involved in a car accident in Pennsylvania, determining who is at fault can be complicated. Pennsylvania operates under a comparative negligence system, which means you may still recover damages even if you share some responsibility for the crash. Under Pennsylvania law, if you are partially responsible for an accident, your compensation will be reduced by your percentage of fault — but only if your fault is less than 51%. If you are 51% or more at fault, you cannot recover any damages.
Navigating auto accident claims requires careful analysis of fault and liability. The talented attorneys at Rubin, Glickman, Steinberg & Gifford have over 65 years of combined experience helping Pennsylvania accident victims recover fair compensation. We examine every detail of your case to build a strong claim on your behalf.
How Pennsylvania’s Comparative Negligence Rule Works
Pennsylvania follows what is known as a modified comparative negligence rule. This means that if you are injured in a car accident and file a claim for damages, the court will evaluate how much each party contributed to causing the accident. Your final compensation amount is then reduced by your percentage of responsibility.
For example, if you are found 20% at fault for an accident and your total damages are $100,000, you would receive $80,000. However, if you are determined to be 51% or more at fault, you cannot recover any compensation from the other parties involved. This threshold is critical and can make or break your case.
Why Determining Fault Matters in Your Case
Fault determination directly impacts the compensation you receive. Insurance companies often try to shift blame to reduce what they have to pay. They may argue you were speeding, distracted, or failed to follow traffic laws. These tactics aim to increase your percentage of fault and decrease their financial liability.
Evidence plays a crucial role in establishing fault. Police reports, witness statements, traffic camera footage, photographs of the accident scene, and accident reconstruction analysis all help paint an accurate picture of what happened. The more evidence you have supporting your version of events, the stronger your position.
How Insurance Companies Use Comparative Negligence
Insurance adjusters are trained to find ways to reduce claim payouts. They will scrutinize every detail of your accident to assign you a higher percentage of fault. They may point to minor violations like failing to signal or suggest you were distracted, even without solid evidence.
You should be cautious when speaking with insurance representatives. Anything you say can be used to argue you were partially at fault. Avoid admitting fault, apologizing, or speculating about what happened. Stick to factual information and consider consulting with an attorney before giving detailed statements.
Protecting Your Rights After an Accident
Taking the right steps immediately after an accident can help protect your claim. Document the scene thoroughly with photos and videos. Collect contact information from witnesses. Seek medical attention right away, even if your injuries seem minor. Delaying treatment can give insurance companies ammunition to argue your injuries were not caused by the accident.
Keep detailed records of all accident-related expenses, including medical bills, lost wages, and property damage. These documents support your claim for damages. A personal injury attorney can help gather additional evidence, consult with accident reconstruction professionals, and negotiate with insurance companies on your behalf.
The Impact on Your Final Settlement
Your percentage of fault directly reduces your final compensation. If you suffered $50,000 in damages but are found 30% at fault, your recovery is reduced to $35,000. Even a small increase in your fault percentage can mean thousands of dollars less in compensation.
This is why fighting unfair fault assignments is so important. An attorney can challenge inaccurate assessments and present evidence supporting your position. We work to minimize your assigned fault percentage and maximize your recovery.
Contact Rubin, Glickman, Steinberg & Gifford
If you have been injured in a car accident and face questions about fault and liability, the attorneys at Rubin, Glickman, Steinberg & Gifford may be able to help. Recognized as a Best Law Firm by U.S. News & World Report every year since 2010, we have a proven track record of success in personal injury cases. Our team provides compassionate, client-focused representation and fights aggressively to protect your rights.Do not let insurance companies minimize your claim by assigning you unfair fault. Contact us online to schedule a free consultation. We can discuss your case and help you pursue the compensation you deserve.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 26, 2026
