While going about your day, on your way to work, BAM -- you get into a car accident. Everything is kind of a blur. You are not really sure whose fault it was or how it even happened. An investigation into the matter determines that you may have been partially at fault. In Pennsylvania, can those who are partially to blame for auto accidents still seek some level of compensation for their losses?
The short answer here is, yes. You may be entitled to seek relief, under the right circumstances. Want to know how?
Have you ever heard the term comparative negligence? It is a term used when more than one party's actions contributed to an accident. So, say you were on your way to work and received a text message causing you to look away from the road. In the few seconds your eyes were on your phone, another vehicle tried to cut in front of you and you ended hitting his or her vehicle. While it would seem clear that the other driver was responsible, they may blame you for driving while distracted.
If you suffered injuries in the wreck, you could still take the issue to court in order to seek partial compensation for your losses. To do this, though, you'll have to prove that the other party had a duty of care that he or she breached and the resulting actions contributed to your injuries. In order to win this type of case, the court must not fine you more than 50 percent at fault for the collision.
Figuring out if you have a case
Car accident cases like this can be difficult to figure out. If you are not sure if you have a case or the right to seek compensation for your losses, it is okay to ask questions. An experienced personal injury attorney would be able to investigate the matter and help you take legal action if doing so is appropriate.
If comparative negligence is an issue in your case, you may feel there is no point in pursuing compensation. That is not necessarily true, though. Courts do award monetary relief in such cases under the right circumstances. It may not cover everything, but at the end of the day, some relief is better than nothing at all.