Modified Comparative Negligence Laws in Pennsylvania

In Pennsylvania, modified comparative negligence does not eliminate your rights, but it directly limits your recovery based on your share of responsibility of the personal injury accident.

What Is Modified Comparative Negligence?

Modified comparative negligence allows you to recover compensation for your injuries even if you are partially at fault. However, Pennsylvania law imposes a strict limit: you can recover damages only if you are less than 51 percent at fault for the accident. If you are found 51 percent or more responsible, you are not entitled to any financial recovery. This is known as the 51 Percent Bar Rule.

How Fault Affects Compensation

If you are less than 51 percent at fault, your compensation will be reduced by your percentage of fault. This ensures that each party pays for the share of damages they caused. Examples:

• If you are 20 percent at fault and awarded $50,000 in damages, your compensation will be reduced by 20 percent. You would receive $40,000.
• If you are 50 percent at fault, you can still recover 50 percent of your total damages.
• If you are 51 percent at fault or more, you receive nothing.

Fault is assigned based on the facts of the case. Insurance adjusters, attorneys, or a jury examine all available evidence to determine responsibility.

Real-Life Examples of Comparative Negligence

Motor Vehicle Collision

You are driving slightly over the speed limit when another driver makes an illegal turn in front of you. A jury may find the other driver 80 percent at fault and you 20 percent at fault. Your damages would be reduced by 20 percent.

Pedestrian Injury

You are crossing the street while distracted by your phone, and a driver fails to yield. The jury finds you 40 percent responsible and the driver 60 percent responsible. You could recover 60 percent of your total damages.

Slip and Fall

You fall on a wet floor in a grocery store. There was a caution sign, but it was not clearly visible. The jury finds you 30 percent responsible for not paying attention and the store 70 percent responsible for improper warning.

Evidence That Helps Establish Fault

The outcome of your case often depends on the strength of the evidence. Because fault directly affects how much compensation you can recover, clear and convincing documentation is essential. Here are the most common types of evidence used to establish fault:

• Police Reports: These often include the officer’s observations, diagrams, and a preliminary assessment of fault.
• Photos and Video: Images or footage from the scene, dash cams, or surveillance cameras can show how the accident happened.
• Eyewitness Statements: Unbiased accounts from bystanders can confirm who was at fault.
• Medical Records: These connect your injuries directly to the incident and show the seriousness of the harm.
• Vehicle Damage Reports: The location and extent of damage may support your version of events.
• Phone or Vehicle Data: Call logs and black box data can prove distraction or speeding before the crash.
• Maintenance or Hazard Documentation: In premises cases, photos and inspection logs may show a known dangerous condition.

Collecting this type of evidence as early as possible is critical. Conditions at the scene can change quickly, and eyewitnesses may become harder to reach. A Philadelphia personal injury attorney can help you preserve and organize the available evidence, significantly improving your ability to recover the compensation you deserve.