In Pennsylvania, fault in a personal injury case is determined by evidence, witness accounts, expert opinions, and the state’s modified comparative negligence rule. When you’re hurt in an accident, the question of who’s at fault can decide whether you get compensation or walk away with nothing. If you’re found to be more than 50% responsible for your injury, you can’t recover damages. If you share less than half the blame, your award is reduced by your percentage of fault.
At Marzella & Associates, our personal injury attorneys in Reading, PA, can gather the proof you need to protect your rights and ensure that fault for your accident is allocated correctly to maximize your recovery.
How Exactly is Fault Determined Under Pennsylvania Law
The state follows a modified comparative fault system. This means that both parties’ actions are weighed, and the percentage of fault is assigned to each side. To figure this out, courts and insurance companies look at:
- Police reports and accident scene evidence – Skid marks, damage patterns, and surveillance footage can help reconstruct events
- Witness statements – Firsthand accounts often shape the narrative of what happened
- Expert testimony – Accident reconstruction experts, medical professionals, or engineers can clarify technical details
- Compliance with laws – Whether traffic, workplace safety, or property maintenance rules were followed matters
Insurance adjusters often do their own investigations, but their conclusions may favor their company’s bottom line, not your best interests. That’s why working with a Reading personal injury lawyer early on is immensely crucial.
Why Determining Fault in Personal Injury Cases Can Be Complicated
Determining fault isn’t always clear-cut. Sometimes, several parties share responsibility, and other times, bias or incomplete evidence tips the scales. In multi-vehicle crashes, for instance, one driver may be clearly speeding, but another may have made an unsafe lane change. Likewise, slip and fall cases may hinge on whether a property owner had enough time to fix a hazard or whether the injured person was paying attention.
Evidence can also disappear quickly. Surveillance footage may be overwritten, witnesses’ memories fade, and accident scenes change within hours. Even physical marks like tire marks can fade after traffic and weather take their toll. If you wait too long to act, proving the other party’s fault becomes harder.
Unfortunately, insurers know how to use ambiguity to their advantage. They may argue you were distracted, failed to take evasive action, or exaggerated your injuries. Without solid counterevidence, their claims may stick.
How Our Personal Injury Attorneys Help Prove Fault
Personal injury cases can turn on a dime due to small but decisive pieces of evidence, such as a security camera angle that was overlooked, a bystander’s cellphone video, or inconsistencies in the opposing side’s testimony. With our personal injury lawyers working on your case, we’ll investigate and preserve pictures, videos, and witness statements. We also collaborate with reconstruction specialists and medical experts to establish a direct connection between the accident and your injuries.
Your lawyer will build a case that anticipates and counters the insurer’s arguments about your role in the accident, ensuring that you receive all the compensation you’re entitled to under the law.
Talk to Our Experienced Personal Injury Lawyers
If you’ve been injured and the fault is in dispute, contact our personal injury attorneys at Marzella & Associates in Reading, PA, immediately. Arrange your free case assessment online or by calling 717-876-8681.