What if I was partly at fault for the accident?

Pennsylvania follows modified comparative negligence for many negligence claims. An injured person can generally recover when their share of causal negligence is not greater than the combined negligence attributed to the defendant or defendants from whom recovery is sought. The award is then reduced by the injured person’s percentage of fault—for example, 20% fault ordinarily reduces recoverable damages by 20%.
If the injured person is found more than 50% at fault, recovery under this rule is barred. Fault allocations are often disputed, and statements, video, physical evidence, expert analysis, and the conduct of every involved party can change the calculation. Do not assume that a citation or an insurer’s initial opinion decides the issue.