Philadelphia Personal Injury Attorney Blog - Pomerantz Perlberger & Lewis LLP

One aspect of lawsuits many people do not understand is the concept of contributory vs. comparative negligence. Pennsylvania is a state that follows a modified comparative negligence system, following a 51 % rule. This means that if you are 50 % or less at fault for your injury, you can still recover damages. In contrast, in a state following a contributory negligence rule, you cannot recover damages if you are even 1 % at fault for your injury.

Consider a scenario in which you are driving on the road, perhaps following a bit too close to the car in front of you. Traffic stops suddenly, and you hit the brakes. Even though you were following closer than recommended, slamming your foot on the brakes would normally stop you in plenty of time, but today the road is covered with gravel spilled by the road crew working on the shoulder of the highway, and your car slams into the car in front of you, injuring you and damaging your car. Although you were following too close, and therefore the auto accident is partially your fault, you can still file a suit against the company whose crew spilled the gravel to recover part of your damages.

Remember, that just because a circumstance is partially your fault, there is no reason why you should bear all the consequences. In Pennsylvania, it’s the law that everyone pays for their share of responsibility. If you or someone you love has been injured in an accident, contact the experienced auto accident lawyers at Pommerantz, Perlberger, and Lewis, LLP today for a free initial consultation.