Auto Accident Attorney in Philadelphia
When it comes to car accidents, the concept of fault can become complicated. Depending on the state, a person may be held partially responsible for an accident even if they were not solely at-fault. If you were injured and are partially at fault, you may still be able to recover compensation through a personal injury claim. Our auto accident attorney in Philadelphia explains if you can be partially at fault for a car accident.
What is contributory negligence?
In the majority of states, contributory negligence is used to determine fault in an accident. Some states use a ‘pure’ contributory negligence law, which makes it impossible to recover any damages from an accident if you are even 1% at fault. Other states, including Pennsylvania, use a modified version of contributory negligence, where you can still recover damages if you are less than 50% at fault for a car accident.
How is fault determined for a car accident?
Fault is determined based on the negligence of each party involved. To prove negligence, four elements must be present: duty, breach of duty, causation, and damages. Drivers have a responsibility to follow traffic laws and drive safely. If they do not, they may be found negligent and liable for any damages caused by the car accident. A qualified auto accident attorney in Philadelphia can help to analyze the details of your case and determine if negligence was involved.
Can I still recover damages even if I am partially at-fault?
If you are found to be partially at-fault for a car accident, you can still recover damages if you meet the modified contributory negligence requirements in Pennsylvania. The courts will use comparative negligence to determine how much fault each party holds in the accident, and any compensation awarded will be reduced by your percentage of fault. However, if you are found to be more than 50% responsible for the accident, you will most likely not be able to recover any damages.
What kinds of damages can I recover from a car accident?
If negligence caused your accident, you may be able to recover economic damages such as medical bills and lost wages. You may also be able to receive non-economic damages for pain and suffering if you sustained injuries in the accident. It is important to seek legal advice from an auto accident attorney so that you understand your rights and available options after a car accident. We can help you navigate the legal process and ensure that you receive the compensation you deserve.
Contact Applebaum & Associates Today
If you have been involved in a car accident and are unsure if you may be partially at-fault, contact our auto accident attorney in Philadelphia. Our experienced team of lawyers can help to evaluate your case and provide legal advice on the best course of action. With Applebaum & Associates, you can be confident that your rights are protected and secure. Contact us today to schedule a free consultation.