Can I recover if I was partly at fault for an accident in Pennsylvania?

Last updated October 4, 2026.

Yes, as long as your share of the fault is not greater than the combined fault of the people you are suing. Pennsylvania uses modified comparative negligence: your damages are reduced by your percentage of fault, and you recover nothing only if you were more at fault than the defendants together (42 Pa.C.S. 7102(a)). At 50 percent you still recover half; at 51 percent you recover nothing.

Insurers raise shared fault in almost every claim, so it is worth understanding the rule before you give a statement. The injury cases we handle from Media are listed on our personal injury page.

How is fault decided and applied, step by step?

Comparative negligence applies "in all actions brought to recover damages for negligence resulting in death or injury to person or property" (7102(a)). In a case that goes to verdict, the process looks like this:

1. Each side presents evidence of fault. Police reports, photographs, video, witnesses and the physical evidence are used to show what each person did or failed to do.
2. The jury (or judge) assigns percentages. Fault is divided among the plaintiff and each defendant, and, in some cases, a person who already settled.
3. The 51 percent bar is checked. If the plaintiff's negligence is greater than the causal negligence of the defendants against whom recovery is sought, the plaintiff recovers nothing.
4. Damages are reduced. Otherwise, the total damages are "diminished in proportion to the amount of negligence attributed to the plaintiff" (7102(a)).
5. The award is split among defendants. Each defendant generally pays only its own share of the award, with important exceptions explained below (7102(a.1)).

Most cases never reach a jury. The same percentages drive settlement talks, because each side estimates what a jury would do. That is why an early, careless admission to an adjuster can cost real money later.

What does each percentage mean for the recovery?

The table uses a hypothetical $100,000 in total damages to show how the reduction works. It is arithmetic, not a prediction of any case.

Who pays when several people share the blame?

Since the 2011 amendment to the statute (Act 17 of 2011), each defendant pays the part of the award that matches its share of the defendants' total liability, and the judgment against each is "several and not joint" (7102(a.1)(1) and (2)). If one defendant has no insurance or money, the others usually do not have to cover that share.

The statute keeps full joint and several liability, meaning the plaintiff may collect the whole award from that defendant, in listed situations (7102(a.1)(3)):

• a defendant found liable for 60 percent or more of the total liability;
• intentional misrepresentation or an intentional tort;
• a release or threatened release of a hazardous substance; and
• a civil action in which a defendant violated section 497 of the Liquor Code.

A defendant who pays more than its share can seek contribution from the others (7102(a.1)(4)). When a person has settled and signed a release with the plaintiff, the jury can still be asked to assign that person a share for apportionment purposes, but an employer protected by workers' compensation immunity is not included (7102(a.2)). The Liquor Code exception matters in crashes involving a drinking driver; our page on DUI crashes that injure someone covers the criminal side of those cases.

What evidence moves the percentages?

Fault percentages are not set by a formula. They come from the story the evidence tells, and small details often shift several points. The most common sources are:

• The scene itself. Skid marks, debris, the final resting position of vehicles, sight lines, lighting and signage show what each person could see and how fast things happened.
• Video. Dashboard, doorbell, store and traffic cameras are the most persuasive evidence in many cases, and much of it is recorded over within days or weeks.
• Vehicle data. Many vehicles record speed, braking and seat belt information before a crash. Trucks often carry additional electronic logs.
• Witnesses. Independent witnesses with no stake in the outcome carry weight, especially when their accounts are written down early.
• Traffic citations and criminal cases. A citation is not a civil verdict, but how a driver's traffic or criminal case ends can matter to the injury claim, so it is worth following.
• Your own words. Statements to police, to insurers and on social media are often quoted back. Keep them short and accurate.

Because every percentage point reduces the recovery by the same share, the effort spent preserving evidence in the first weeks often has more effect on the result than anything done later.

What changes the answer?

• Not wearing a seat belt. Pennsylvania law says failure to use a seat belt, child restraint or booster seat may not be considered contributory negligence and is not admissible as evidence in the trial of any civil action (75 Pa.C.S. 4581(e)).
• The type of claim. The rule covers negligence. Different rules apply to some activities: voluntary assumption of risk still applies to downhill skiing injuries and to claims against off-road vehicle riding area operators (7102(b.3) and (c)).
• Your auto insurance election. In a car crash, comparative fault reduces what you recover, while your limited or full tort choice decides whether you can claim pain and suffering at all; see limited tort versus full tort.
• Your own first-party benefits. Medical benefits under your own auto policy are paid regardless of fault, because they come from your insurer, not from the other driver (75 Pa.C.S. 1713).
• A government defendant. Claims against public bodies add notice, immunity and damage caps; see injury deadlines and the six-month notice.
• A death. In a wrongful death case, the deceased person's own share of fault reduces the family's recovery in the same way, since 7102 covers actions brought by a plaintiff's "legal representative"; see who can file a wrongful death claim.

For example: a pedestrian, a driver and a bar

Here is a hypothetical. A man crosses a busy street in Media at night, mid-block rather than at the corner. A driver coming home from a bar is speeding and hits him. He suffers a broken leg and a shoulder injury. The driver says the pedestrian "came out of nowhere."

Suppose a jury finds total damages of $200,000 and assigns fault this way: the driver 65 percent, the bar that served him 15 percent, and the pedestrian 20 percent. The pedestrian's 20 percent is not greater than the defendants' combined 80 percent, so he recovers, but his award is reduced by 20 percent, to $160,000.

Between the defendants, the driver's share of their combined liability is 65 out of 80 and the bar's is 15 out of 80. Because the driver was found 60 percent or more liable, the driver is jointly and severally liable for the full $160,000. If the bar were found to have violated section 497 of the Liquor Code, it would also be jointly and severally liable. If either defendant cannot pay, the other may have to, and then seek contribution. The pedestrian's own medical bills would first be paid by his own auto policy, if he has one, under the priority rules. This example only illustrates the statute; real percentages depend entirely on the evidence.

Pedestrian crashes are a real local issue. PennDOT's 2025 Crash Facts and Statistics book counts 10 pedestrian deaths and 164 pedestrian injuries in Delaware County that year, including 5 deaths and 39 injuries among pedestrians 60 and older. More county crash figures are in our Delaware County overview.

What mistakes do people make about shared fault?

• Apologizing or guessing at the scene. "I didn't see him" or "I'm sorry" can be quoted later as an admission of fault.
• Giving a recorded statement to the other side's insurer right away. Adjusters look for facts that move percentages.
• Assuming any fault ends the claim. Only fault greater than the defendants' combined share bars recovery.
• Accepting the police report's version as final. A report is evidence, not a verdict; witnesses and video can tell a different story.
• Forgetting other responsible parties. A property owner, an employer or a bar may share fault, which can change who pays.
• Letting evidence disappear. Store and traffic camera footage is often overwritten; our slip and fall page explains why speed matters.

What should I do this week?

1. Write down what happened while you remember it: speeds, signals, lighting, weather and where everyone was.
2. Photograph the scene, the vehicles, your injuries and any hazard, from several angles.
3. Collect names and phone numbers of witnesses.
4. Ask nearby businesses whether they have video, and request that it be kept.
5. Get the police report number and the investigating department.
6. Do not discuss fault with the other side's insurer before getting advice.
7. Calendar the two-year filing deadline from the accident date.

Frequently asked questions

What if we were exactly 50/50 at fault?

You can still recover. The bar applies only when your negligence is greater than the defendants' combined negligence, so at 50 percent your damages are cut in half.

Does comparative negligence apply to slip and fall cases?

Yes. It applies to all negligence actions for injury to person or property (7102(a)). A property owner may argue you should have seen the hazard, and the jury weighs that against the owner's failure to fix or warn.

Does it apply to truck crashes?

Yes, and truck cases often involve several defendants, such as the driver, the carrier and a maintenance company, so the apportionment rules matter. See our truck accident page.

Can my own insurance company refuse to pay because I was partly at fault?

Your first-party medical benefits come from your own policy based on the priority order in 75 Pa.C.S. 1713, not on fault. Fault matters for the claim against the other driver.

Does comparative negligence apply in medical malpractice cases?

Section 7102 covers all negligence actions for injury, so a patient's own conduct can be raised. How malpractice damages are calculated is covered in whether malpractice damages are capped.

Can a passenger be found partly at fault?

It is less common, but the same statute applies to anyone whose negligence contributed to their own injury. A passenger who distracted the driver, for example, could face that argument. Not wearing a seat belt cannot be used against a passenger or a driver (75 Pa.C.S. 4581(e)).

Who decides the percentages if the case settles?

No one formally. The parties negotiate, each estimating how a jury would divide fault. A strong record of the scene usually narrows that argument.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before you talk about fault with an insurer. Evening and weekend appointments are available.