If you were hurt in an accident in Pittsburgh, you may already be hearing phrases like “shared fault” or “percentage of negligence.” At Hadeed Law, attorney Samir Hadeed meets people every week who are worried that a simple mistake might ruin an otherwise valid claim. The truth is that Pennsylvania law allows injured people to recover as long as they are not mostly at fault. Understanding how the rules work can help you protect your rights and make informed choices.
This guide explains comparative negligence in Pennsylvania, how percentages are decided, how the rule shows up in real cases like car crashes, truck collisions, and slip and falls, and what you can do now to strengthen your claim.
What “Comparative Negligence in Pennsylvania” Means
Pennsylvania uses a modified comparative negligence rule (often called Pennsylvania’s “51% bar” rule). If you are 50 percent or less at fault, you can still recover damages. Your compensation is reduced by your percentage of fault. If you are more than 50 percent at fault, you usually cannot recover.
Examples
- You are 20 percent at fault. Your jury award of $100,000 becomes $80,000.
- You are 55 percent at fault. You recover nothing under the statute.
That is the backbone of comparative negligence in Pennsylvania, and it applies in most negligence cases that cause injury or property damage.
How Percentages Are Decided
Judges and juries look at the evidence and assign fault to everyone who contributed to the accident. Insurers do the same during settlement talks. The decision can turn on small details, which is why early documentation matters. Police reports, photographs, video, witness statements, maintenance logs, and expert evaluations all play a role.
In slip and fall cases, Pennsylvania courts often look at whether the hazard was “open and obvious.” If a danger is so clear that a reasonable person would notice and avoid it, the property owner generally has no duty to warn about it. However, that doesn’t always end the case. If the owner should have expected that someone might still be harmed despite the obvious risk, for example, because there was no safe way around it, liability may still apply.
Everyday Scenarios Where Shared Fault Comes Up
Car Accidents in Pittsburgh
- Rear-end with sudden stop: The following driver is often mostly at fault, but a non-functioning brake light or an abrupt, unnecessary stop can shift a percentage to the lead driver.
- Intersection crash: A driver who enters late on a yellow light may share fault with a driver who accelerates through a red light.
- Seat belt question: Under 75 Pa.C.S. §4581(e), evidence that someone did not wear a seat belt is not admissible in a civil injury case and cannot be used as contributory negligence to reduce damages.
Slip and Fall Claims
- A grocery store fails to dry an entrance during heavy rain. If there are no mats and no warning signs, the store may carry most of the fault. If the hazard was obvious and you hurried through while looking at your phone, a jury could assign a percentage to you. Courts examine whether the owner created the condition, knew about it, or should have found it with reasonable inspections.
Pedestrian and Cyclist Injuries
- On busy corridors near Downtown, Oakland, or the North Shore, a driver may bear most of the responsibility for failing to yield, but a pedestrian who crosses outside a marked crosswalk may receive a share of fault. The same analysis applies: who created the danger, who knew about it, and who could have avoided it with reasonable care.
Comparative Negligence and Multiple Defendants: Pennsylvania’s Fair Share Act
When more than one party shares blame, Pennsylvania’s Fair Share Act (42 Pa.C.S. § 7102) generally makes each defendant pay only the portion of the verdict that matches their percentage of fault. If a defendant is found 60 percent or more at fault, that defendant can be responsible for the full amount. Joint and several liability also still applies in a few narrow categories, including intentional misrepresentation, intentional torts, and dram-shop claims under Liquor Code §4-497.
Juries assign percentages to each defendant, and, on request with supporting proof, the law allows the fact-finder to account for certain released non-parties so the total reflects everyone who played a role. In practice, your attorney will identify every potentially responsible business or driver early so the percentages are set by evidence, not guesswork.
How Comparative Negligence in Pennsylvania Affects Your Damages
Comparative negligence changes two things:
- Your ability to recover: You can recover if you are 50 percent or less at fault. You cannot recover if you are more than 50 percent at fault.
- The amount you receive: Any award is reduced by your percentage of fault. As an illustration, if you are 30 percent at fault on a $60,000 claim, you would net $42,000 before fees and costs.
Smart Steps to Protect Your Claim
These actions help keep your percentage of fault low and your evidence strong:
- Get medical care and follow your treatment plan. Gaps in care invite arguments about causation and degree of harm.
- Document the scene with photos and video. Capture lighting, signage, mats, skid marks, debris, or defects.
- Identify witnesses and collect contact information.
- Preserve records such as incident reports, maintenance logs, and surveillance video.
- Limit recorded or written statements to insurers until you have legal advice. An adjuster may assign fault early to pressure a quick settlement.
Frequently Asked Questions
1. Does comparative negligence apply to my type of case?
Yes, Pennsylvania’s comparative negligence rule applies to most personal injury cases, including car accidents and slip and falls. It doesn’t apply to intentional wrongdoing, but in the vast majority of accident claims, these shared-fault rules will determine how compensation is handled.
2. What if a defendant blames someone who is not in the lawsuit?
Pennsylvania juries assign fault to everyone involved in the accident. If a defendant shows that someone who isn’t part of the lawsuit played a role, the jury may take that into account so the verdict reflects each party’s fair share.
3. Can not wearing a seat belt reduce my recovery?
No. Pennsylvania law does not allow evidence of seat-belt non-use to reduce damages in a civil injury case, so your recovery can’t be cut just because you weren’t buckled up.
4. How does the 60 percent rule change things with multiple defendants?
If one defendant is found 60 percent or more at fault, that party can be held responsible for the entire verdict. Otherwise, each defendant is only responsible for their share of the fault.
Where Comparative Negligence in Pennsylvania Meets Real Life
Numbers move with proof. In a crash near the Fort Pitt Bridge, a missing turn signal caught on video could shift five or ten points of fault. In a fall at a Strip District market, a maintenance log showing the aisle was dry ten minutes earlier could change how a jury views notice. In a Washington Road business entrance in Mount Lebanon, clear wet-floor signage and mats can reduce a store’s share, while missing mats can increase it. The details can sway percentages.
How Hadeed Law Helps
Having handled accident cases across Pittsburgh and surrounding counties, attorney Samir Hadeed knows how the smallest details can shift fault percentages in a big way. That might be a time-stamped video, a missing warning sign, witness statements, or a maintenance log that tells a different story. At Hadeed Law, Mr. Hadeed explains comparative negligence in Pennsylvania so you understand every step of the process and have a clear plan for your case.
Next Steps for Injured People in Pittsburgh and Western Pennsylvania
If your accident happened in Pittsburgh or anywhere in Western Pennsylvania, including Allegheny, Westmoreland, Washington, Beaver, Butler, Mercer, and Indiana Counties, Hadeed Law is here to help. Contact Hadeed Law for a free consultation with a Pittsburgh personal injury lawyer who will review your case, protect your rights, and work to keep unfair fault percentages from limiting your recovery.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact Hadeed Law directly.