Understanding Comparative Negligence in Pennsylvania Personal Injury Cases

After an accident, most people want fair compensation for the harm they’ve suffered. But insurance companies don’t hand that over without a fight. One of the tactics they use to shrink your payout is called comparative negligence. And if you aren’t sure how it works, they’ll use it to their advantage.

Rosen Justice Injury Lawyers deals with this issue in nearly every personal injury claim. Whether it’s a crash on I-76 or a fall in a Philadelphia store, the defense often argues that you share some blame. That’s where Pennsylvania’s comparative negligence rule becomes a key part of your case.

Here’s what it means, how it works, and how your attorney can push back when insurers try to use it against you.

What Is Comparative Negligence?

Comparative negligence is a Pennsylvania law that decides what happens when more than one person contributes to an accident, including the injured person. You can still recover compensation if you’re found to be  50% or less responsible. You can’t recover anything if you’re 51% or more at fault. That’s a hard line, and insurance companies use it to their advantage every chance they get.

Here’s a breakdown of how it works:

• A finding of 10% fault cuts your compensation by 10%.
• A finding of 40% fault reduces your recovery by 40%.
• A finding of 51% fault or higher blocks your claim entirely.

That’s why working with an attorney who knows how to push back is critical. The lower your percentage of fault, the more compensation stays in your hands and out of the insurer’s.

Comparative Negligence Example: How the Law Applies

Let’s say you suffered injuries in a car accident where you had the green light. The other driver claims you were speeding. Investigators assign you 20% of the blame. If your total damages, including medical costs, lost income, and pain, come to $100,000, your recovery would be $80,000.

That’s a clear comparative negligence example that happens more often than most people realize. Car accidents, pedestrian injuries, slip and falls—defense lawyers and insurers routinely look for ways to point blame back at the person who got hurt.

How Insurance Companies Use This Against You

Insurance companies examine every detail of an accident claim with one goal: lowering their financial exposure. When physical damage, serious injuries, or expensive treatment occur, they start looking for ways to minimize their responsibility.

Expect them to raise questions like:

• Were you texting or distracted at the time?
• Did you enter the intersection too quickly?
• Were you acting carelessly in a place with obvious hazards?

They may sound polite when asking, but they use these questions to chip away at your credibility. Once they establish a percentage of fault, they start subtracting.

When Partial Fault Doesn’t End Your Case

You might wonder: Do I still have a case if I share some blame?

Yes. Pennsylvania’s modified comparative negligence law allows injury victims to recover damages if they’re not more than 50% responsible for the incident. Even if you carry part of the responsibility, that doesn’t cancel out the other party’s liability.

A slippery sidewalk, a reckless driver, or a store with poor lighting might each create dangerous conditions. Even if you contributed somehow—maybe you wore the wrong shoes, glanced at your phone, or missed a sign—that doesn’t excuse someone else’s negligence.

A skilled personal injury attorney can help ensure those facts aren’t unfairly used against you.

Signs That a Comparative Negligence Argument Is Coming

If any of these show up in your case, prepare for the insurance company to raise shared fault:

• A witness says you “looked distracted”,
• Video footage shows you crossing in an unusual location,
• There is a delay between the injury and seeing a doctor, or
• Your statement includes phrases like “I didn’t see it coming”.

These signals are often small, but insurance companies treat them like openings. And they’ll use them to test your claim unless an attorney shuts those arguments down early.

At Rosen Justice Injury Lawyers, we identify these signs quickly and use medical records, expert evaluations, scene evidence, and witness statements to establish a clear sequence of events. We know how to reinforce your right to compensation and challenge the defense when they try to shift responsibility.

What to Expect in a Comparative Negligence Case

Once comparative negligence enters the conversation, your case may follow a few key steps:

1. Investigation from both sides into what led to the injury;
2. Comparative fault percentages proposed during negotiations;
3. Possible reduction in settlement amount based on those numbers; and
4. In some instances, a jury decides the final percentage split.

When we negotiate with insurers or present a case in court, we arrive prepared with detailed evidence to minimize your level of fault or eliminate it entirely.

Our Commitment to Injury Victims Across Pennsylvania

For over 75 years combined, Rosen Justice Injury Lawyers has fought for injury victims across Philadelphia. We take on some of the most challenging cases that insurance companies fight their hardest to deny.

Our firm handles each case on a contingency fee basis. That means you pay nothing upfront and absolutely nothing unless and until we recover compensation for you. You’re not just hiring a lawyer. You’re hiring a team that puts your case first, no matter how difficult the legal battle becomes.

Whether the insurance company blames you for what happened or tries to confuse the details, our firm is ready to stand up for your rights.

Call Now for a Free Consultation

Insurance companies rely on comparative negligence to minimize their responsibility. Don’t let them.

When you are injured in a car crash, fall, or another serious accident, what you do next can affect your ability to recover compensation. Let our attorneys guide you through the process.

Contact Rosen Justice Injury Lawyers today for a free consultation. With decades of combined experience handling comparative negligence claims, we know how to help protect your rights and maximize your recovery.