After an accident, one of the most important questions is who is legally responsible for the injuries that occurred. Determining fault is a critical step in any personal injury claim because it directly affects whether an injured person can recover compensation for the financial and emotional losses they’ve suffered. A personal injury lawyer in Harrisburg, PA, can help gather evidence to establish liability and protect your rights throughout legal proceedings.
How Courts Determine Fault in a Pennsylvania Personal Injury Case
Pennsylvania follows a modified comparative negligence system under 42 Pa. Cons. Stat. § 7102. This law allows injured individuals to recover compensation as long as they are not more than 50% responsible for the accident.
If they are found to be over 50% responsible, they cannot recover any compensation. Any compensation awarded may be reduced by the percentage of fault assigned to the injured party. Not every accident has a single responsible party. In some situations, multiple individuals may share responsibility for what happened. For example:
- If you were slightly speeding at the time of a car accident, you may be assigned 20% responsibility.
- If the first driver who hit your car was driving while intoxicated, they may be assigned 50% at-fault.
- If the second driver who hit your car was texting while driving, they may be assigned 30% at-fault.
- If you were awarded $100,000, it would be reduced by 20%, and your final compensation would be $80,000. The two responsible parties would then have to pay their portion of the damages based on their percentage of fault.
Why Evidence Matters in Harrisburg Personal Injury Cases
Negligence plays a central role in most personal injury cases. To prove negligence, the injured party generally must show that another person owed them a duty of care, breached that duty, and caused damages as a result. For example, a business that neglects safety standards may be found liable for resulting injuries to patrons.
Insurance adjusters and defense attorneys may dispute liability or argue that injuries were caused by unrelated factors. Strong documentation can help demonstrate exactly how an accident occurred and who should be held accountable. This can include:
- Medical records showing the extent of injuries
- Photographs from the accident scene that document your injuries and the cause of the incident
- Vehicle damage reports
- Maintenance records
- Cellphone data
- Surveillance footage that caught the incident on video
- Eyewitness testimony and testimony from accident reconstruction specialists
The earlier this evidence is collected, the better the chances of preserving important details that may support a claim.
Work With a Personal Injury Lawyer in Harrisburg
Determining fault can be a complicated process, especially when multiple parties are involved or when insurance companies attempt to minimize their financial responsibility. An experienced Harrisburg personal injury attorney from Marzella & Associates can help you hold the responsible parties accountable for their actions.
Contact our office today by calling 717-234-7828 or through our online contact form. We offer free consultations to new clients living in Harrisburg, Hanover, Lancaster, and surrounding communities throughout Pennsylvania.