Can You Sue If You Were Partially at Fault in Pennsylvania? A Lawyer’s Guide

You were in an accident, and you know you might be a little bit to blame. Does that mean you’re out of luck? It’s a question we hear all the time, and a fear that stops too many injured people from ever picking up the phone.

The simple answer is yes, you can absolutely still sue and get money for your injuries even if you were partially at fault for the accident. Pennsylvania law gets that accidents are messy and rarely 100% one person's fault.

The 51% Bar Rule: How It Really Works

The heart of Pennsylvania’s system is a rule called modified comparative negligence. It’s more commonly known as the 51% Bar Rule, and it’s actually pretty straightforward.

Think of it this way: as long as you are found to be 50% or less responsible for the accident, you can still recover money. Your total compensation will just be reduced by your percentage of fault.

But once your share of the blame hits 51% or more, you’re barred from collecting anything. This rule, found in 42 Pa. C.S. § 7102, creates a make-or-break threshold.

This is a huge deal. In some states with old-school "contributory negligence" laws, being just 1% at fault means you get zero. Pennsylvania’s approach is much fairer, making sure the person who was most responsible is the one who has to pay.

How Your Percentage of Fault Reduces Your Payout

So, how does this work in the real world? It's simple math.

Let’s say a jury decides your case is worth $100,000, but they also find that you were 20% at fault for what happened. Your final award gets reduced by that 20% (which is $20,000). You'd walk away with $80,000.

This is exactly why insurance companies fight so hard over every single percentage point. Their goal is to shift as much blame onto you as possible. Why? Because the more fault they can pin on you, the less they have to pay. Pushing you from 40% to 51% fault saves them the entire value of your claim.

This is where having an experienced lawyer becomes critical. We fight to make sure the fault is assigned where it actually belongs, protecting your right to fair compensation.

To make it even clearer, here’s a quick breakdown of how your assigned fault impacts your ability to get paid.

How Your Percentage of Fault Affects Compensation in PA

Your Percentage of Fault	Can You Recover Damages?	How Your Compensation Is Calculated
0% – 50%	Yes	Your total damages are reduced by your exact percentage of fault.
51% or more	No	You are completely barred from recovering any money from the other party.
Exactly 50%	Yes	You can still recover, but your total award will be cut in half.

This table shows why every detail matters. An attorney's job is to build a case that keeps your share of fault as low as possible—and definitely below that 51% cutoff.

How Pennsylvania's 51% Fault Rule Actually Works

If you've been in an accident, understanding Pennsylvania's rules on shared fault is a must—it literally controls whether you can sue and get any money at all.

Our state uses a legal rule called modified comparative negligence, but most people just call it the "51% Bar Rule." This isn't just a piece of legal jargon; it's a hard-and-fast mathematical cutoff that decides if you get paid or walk away with absolutely nothing.

The rule itself is pretty simple: you can recover money for your injuries as long as a jury finds you were 50% or less at fault for what happened. But if your share of the blame tips over that line to 51% or more, you're completely barred from getting a dime.

Breaking Down The Math With A Real-World Scenario

Let's see how this plays out in a common car accident. Imagine you were driving a little over the speed limit when another driver blew through a red light and T-boned you, leaving you with serious injuries. Let's say your total damages—medical bills, lost wages, and pain and suffering—add up to $100,000.

At trial, it's obvious the other driver was negligent for running the red light. But the defense lawyer argues that your speeding made the crash worse. A jury now has to put a number on it and assign a percentage of fault to both of you.

This is where things can go one of two ways:

• Outcome A: You are found 30% at fault. Since your 30% is under the 51% line, you can still get paid. Your $100,000 award is just reduced by your share of the blame ($30,000). You'd walk away with $70,000.
• Outcome B: You are found 51% at fault. In this case, even though the other driver was nearly half to blame, your fault percentage crossed that critical threshold. Because of that, you get $0. Nothing.

That huge difference is why the fight over fault percentages is the main event in so many personal injury cases. Just a few percentage points, decided by a jury, can change everything. You can learn more about how fault is assigned by reading our detailed guide on comparative negligence in Pennsylvania explained.

This flowchart breaks down the all-or-nothing nature of Pennsylvania's fault rule.

As you can see, there’s no gray area. If your fault stays at or below that 50% mark, the door to compensation stays open. Cross it, and the door slams shut.

The Critical Role Of Evidence In Determining Fault

Figuring out fault percentages isn't a guessing game. It's a careful process built on hard evidence, expert opinions, and how persuasively the story is told. You can bet the insurance adjuster and the other side's lawyers are trained to find any excuse to shift more of the blame onto you.

They will pick apart everything you did leading up to the accident, looking for things like:

• Minor traffic mistakes (like not coming to a complete stop or going a few miles over the limit).
• Signs of distraction, like your cell phone records.
• Inconsistent things you said at the scene versus to the insurance company.
• Any delay in getting medical care, which they'll claim made your injuries worse.

Key Takeaway: The insurance company's main goal is to push your fault percentage past 50%. If they can do that, they don't have to pay you anything.

This is exactly why having a good personal injury lawyer is so important. A strong legal team sees these tactics coming a mile away and builds a case to shut them down. We get the police reports, track down witnesses, bring in accident reconstruction experts, and present the facts in a way that shows where the fault truly belongs. The entire outcome of your case can hang on that battle over a few percentage points.

What If More Than One Person Is At Fault?

Accidents are often messy, and it’s rarely a simple case of one person’s mistake. What happens when multiple parties are to blame? Think about a multi-car pile-up on the Schuylkill Expressway or a chaotic construction site accident. Several people or companies could share responsibility for your injuries.

This is where things can get complicated, but Pennsylvania law has a specific framework to handle these situations fairly. Understanding this is critical if you're wondering whether you can sue when you were partially at fault and other defendants were involved, too.

Pennsylvania's Fair Share Act

To sort out multi-defendant cases, Pennsylvania uses a law called the Fair Share Act. Before this law was passed in 2011, things worked very differently. An old rule called "joint and several liability" meant that if a defendant was even 1% at fault, they could be forced to pay 100% of the damages if the other defendants couldn't pay up.

The Fair Share Act changed all that. Now, in most cases, each at-fault party is only responsible for paying their specific, assigned percentage of the damages.

Let's say a jury awards you $100,000 and finds:

• Defendant A is 40% at fault
• Defendant B is 30% at fault
• You (the Plaintiff) are 30% at fault

Under the Fair Share Act, Defendant A owes you $40,000, and Defendant B owes you $30,000. Your own 30% fault ($30,000) is deducted from the total award, so you would recover a total of $70,000 from the two defendants combined.

The Critical 60% Exception

However, the Fair Share Act includes a hugely important exception to this rule. It’s a vital protection for injured victims.

If any single defendant is found to be 60% or more responsible for the accident, they can be held liable for the entire damage award. This is a modified form of the old "joint and several liability" rule.

Why does this matter so much? Imagine one defendant is a large, well-insured corporation found 70% at fault, and the other is an individual with no insurance who is 30% at fault. Without this exception, you could only collect 70% of your award from the corporation and would be left trying to get the other 30% from someone who can't pay.

Because of the 60% rule, the corporation can be required to pay the full 100% of the damages owed to you. This ensures you can be made whole, even if one of the responsible parties is uninsured or has no assets.

This rule works hand-in-hand with Pennsylvania's 51% bar we discussed earlier. The Fair Share Act of 2011 (officially Senate Bill 1131) created this system where each party typically pays their own share unless one is 60% or more at fault. This structure is especially helpful in complex claims like bus crashes or premises liability cases, which are common around Philadelphia.

A Multi-Vehicle Accident Scenario

Let's apply this to a real-world scenario. Picture a three-car chain-reaction crash.

• Car 1 (front) stops suddenly.
• Car 2 (middle, driven by you) follows too closely and hits Car 1.
• Car 3 (rear) was speeding and texting, and slams into you, pushing your car into Car 1 again.

A jury might assign fault like this:

• Driver of Car 3: 65% at fault (for speeding and texting)
• You (Driver of Car 2): 25% at fault (for following too closely)
• Driver of Car 1: 10% at fault (for an unnecessary sudden stop)

Let's say your total damages are $200,000. Since your fault is only 25% (well below the 51% bar), you can absolutely pursue a claim. And because the driver of Car 3 is over 60% at fault, they are responsible for paying your entire eligible award—which would be $150,000 ($200,000 total minus your 25% fault).

This protects you from having to chase down money from the driver of Car 1, whose share was much smaller. You can check out our guide on what happens if both drivers are at fault in Pennsylvania for more details on two-car scenarios.

The Evidence That Wins Partial-Fault Cases

Winning a partial-fault case in Pennsylvania isn’t about arguing—it’s a battle over percentages fought with hard evidence. The insurance company has one simple goal: shift as much blame as possible onto you.

Their ideal outcome? To push your share of fault past that 50% line, which would let them deny your claim completely.

To fight back, your attorney needs to build a powerful case that shows where the fault really lies. This means going way beyond the police report and digging into the details that tell the true story of the crash. It all comes down to a thorough investigation that starts on day one.

Building Your Case, Piece by Piece

The strongest partial-fault claims are built with a wide variety of evidence. Each piece either proves the other driver’s carelessness or minimizes your own role in what happened. Think of it like putting together a puzzle—every single piece helps create a clear picture for the insurance adjuster or a jury.

A skilled legal team will dig up and analyze key types of evidence, including:

• Accident Reconstruction Reports: Experts use physics and engineering to recreate the crash, pinpointing things like vehicle speeds, impact angles, and reaction times. This can often prove who was truly at fault.
• Witness Statements: Independent eyewitnesses provide unbiased accounts of what happened, which can completely contradict the other driver's story and back up your claim.
• Scene Documentation: This is more than just photos. Drone footage can give a bird's-eye view of the scene, showing things like obstructed sightlines or road problems that played a part.
• Internal Company Records: If a commercial truck was involved, getting internal safety logs, driver hiring files, or maintenance records can expose a company's history of negligence.

This proactive approach is everything. You can learn more about why these items are so critical by reviewing our guide on what evidence you need to win a Pennsylvania car accident claim.

The Power of Medical Documentation

Proving fault is only half the battle. You also have to document the full extent of your injuries. This is especially true when an accident leaves you with complex medical problems. Insurance companies love to argue that your injuries aren't that bad or were caused by a pre-existing condition.

Solid medical evidence is your best defense. This isn't just about hospital bills. It includes specialized evaluations that provide objective proof. For instance, if you suffered a head injury, a detailed report from a neuropsychological assessment for brain injuries is crucial. Strong records create an undeniable link between the crash and the harm you've suffered.

Key Insight: The more objective, detailed, and expert-driven your evidence is, the harder it is for the other side to unfairly shift blame onto you. A strong case often forces a good settlement long before a courtroom is even necessary.

Critical Steps to Take After an Accident

The moments right after a crash are chaotic, but what you do next sets the foundation for your entire case—especially if there’s any question about who was at fault. Protecting your rights starts right there on the pavement.

First things first: never admit fault. Not to the other driver, not to bystanders, not to anyone. A simple "I'm sorry" can be twisted by an insurance company into a full-blown admission of guilt, and that can seriously damage your claim before it even starts.

Here's what to focus on instead:

• Stay Safe and Call 911: Get medical help on the way and ensure a police officer creates an official accident report.
• Don't Apologize or Admit Guilt: It's natural to be shaken up, but stick to the facts. Let the investigators determine fault.
• Photograph Everything: Take wide shots of the scene and close-ups of the vehicle damage, skid marks, and road signs. This is your first batch of evidence.
• Get Witness Information: If anyone saw what happened, get their name and phone number. A neutral third-party account can be incredibly powerful.
• See a Doctor Immediately: Even if you feel "fine," some injuries take hours or days to appear. Medical records are critical for proving your injuries are tied to the crash.
• Stay Off Social Media: Posting photos or commenting on the accident can give the other side's insurer ammunition to use against you.
• Call Mattiacci Law Before the Adjuster: Let us handle the conversations with insurance companies. It's our job to protect you from their tactics.

Figuring out if you can sue when you were partially at fault in Pennsylvania begins the second the accident is over.

Document Your Injuries Right Away

Medical records are the bedrock of any personal injury claim. They provide objective, undeniable proof of what you've been through.

Your doctor’s notes, MRI results, and physical therapy logs create a clear timeline that connects your injuries directly to the accident. This makes it much harder for an insurance company to argue your pain came from a pre-existing condition.

The most powerful medical evidence includes:

1. Doctor’s Reports: These explain your injuries, treatment plan, and prognosis in a way that insurance adjusters and juries can understand.
2. Diagnostic Imaging: X-rays, MRIs, and CT scans can reveal hidden injuries like fractures or soft tissue damage that prove the severity of the impact.
3. Therapy Records: Notes from physical or occupational therapy show your commitment to recovery and document your ongoing pain and limitations.
4. Prescription History: A record of medications for pain, anxiety, or other accident-related conditions underscores the real-world impact on your life.
5. Neuropsychological Assessments: If you suffered a head injury, these evaluations are crucial for demonstrating cognitive or emotional deficits.

Gather Crucial Evidence at the Scene

The evidence you collect in the first hour after a crash is often the most compelling. It’s raw, unfiltered, and tells the story of what really happened before anyone has a chance to change their story.

Think like an investigator. Use your phone to take photos and videos of everything. Don't just snap a picture of the dent—get a video walkthrough showing the position of the cars, the length of the skid marks, and the flow of traffic. An official police report adds a layer of authority, but your own evidence is just as important.

Be sure to capture:

• Road Conditions: Was it raining? Was the sun in someone's eyes? Was the pavement cracked or uneven?
• Traffic Signals and Signs: Document any malfunctioning lights or signs that were blocked by trees or other obstacles.
• Vehicle Damage Angles: Photos from multiple perspectives can help an accident reconstructionist prove how the impact occurred.
• Environmental Hazards: Note any debris in the road, active construction zones, or other issues that might have contributed to the crash.

Avoid These Common Mistakes

After an accident, it's easy to make a mistake that can sink your case. Admitting even a little bit of blame or trying to diagnose your own injuries can backfire spectacularly.

And whatever you do, stay off social media. That photo of you at a friend's party a week after the crash? The insurance company will find it and use it to argue you aren't really hurt.

"One casual ‘I’m sorry’ can be twisted into a legal admission of fault."

Before you give a recorded statement or sign anything from an insurance adjuster, talk to us. At Mattiacci Law, our team in Philadelphia and New Jersey has seen every trick in the book. We step in immediately to manage all communications, protecting you from tactics designed to pin more of the blame on you.

Taking these steps quickly and correctly is the best way to preserve your claim and give yourself the strongest possible chance of a fair recovery.

Contact Mattiacci Law 24/7 for a free consultation. We’ll help you keep the fault percentages where they belong.

Your Next Steps After Leaving the Scene

Once you're home, gather all your evidence—photos, the police report exchange form, witness info, and medical paperwork—in one place. Bring it to your first meeting with an attorney so you can start building a strong timeline together.

Don't wait. Pennsylvania's statute of limitations gives you a strict 2-year deadline to file a lawsuit. Missing that deadline means you lose your right to sue forever.

Mattiacci Law offers free consultations and is ready to get your claim started before the insurance company has time to devalue it. Call us at (215) 914-6919 or visit our website to get the help you need, right from day one.

Why a Trial-Ready Attorney Is Your Best Defense

Insurance companies are masters at using Pennsylvania's comparative negligence rule to their advantage. Their goal is simple: push as much of the blame onto you as possible to devalue or deny your claim.

For them, every percentage point of fault shifted in your direction is money saved. This is exactly why you need more than just any lawyer; you need a personal injury firm that prepares every single case as if it's going to trial. This aggressive, trial-ready approach is what creates the leverage you need to fight back and win.

Creating Leverage Through Preparation

When an insurance adjuster sees that your attorney has done the bare minimum, they know they have the upper hand. They’ll start with a lowball offer, confident your lawyer isn’t actually prepared to challenge them in court.

A trial-ready firm operates differently from day one. This proactive mindset involves:

• Deep Investigations: We immediately start gathering evidence, interviewing witnesses, and preserving crucial information before it can disappear.
• Hiring Leading Experts: We bring in accident reconstructionists, medical specialists, and financial experts to build an undeniable case that proves the other party’s fault and the true extent of your damages.
• Aggressive Legal Filings: We file motions and handle discovery in a way that signals we are building a case for a jury, not just waiting around for a quick, cheap settlement.

This comprehensive preparation shows the insurance company we are not afraid to go to court. Suddenly, their go-to strategy of blaming you becomes a whole lot riskier and more expensive for them.

A trial-ready attorney doesn’t just react to the insurance company's tactics; they set the terms of the fight. This forces adjusters to negotiate based on the strength of your case, not on their ability to bully you into a low settlement.

The Difference Between a Settlement and Full Value

When you’re partially at fault, the difference between a weak case and a strong one can be massive—or even the difference between getting compensation and getting nothing at all. An attorney who just shuffles paperwork isn't equipped to win the battle over percentages of fault.

A trial-ready lawyer, on the other hand, builds a narrative so compelling that the insurer has to re-evaluate its position. They see the very real risk of losing badly in front of a jury and become far more motivated to offer a fair settlement that reflects the true value of your claim.

This is how you get maximum compensation and ensure you aren't stuck paying for an accident that was primarily someone else's fault.

At Mattiacci Law, we live by this principle. We prepare every case for trial because we know it is the single most effective way to secure the full and fair compensation our clients deserve.

Frequently Asked Questions About Partial Fault Claims

After an accident, things get confusing fast, especially when the insurance company starts pointing fingers and suggesting you were also to blame. We get a lot of questions about what this means for your claim. Here are the answers to some of the most common ones.

What Happens If A Jury Finds Me Exactly 50% At Fault?

You might think being half at fault means you get nothing. Not in Pennsylvania. If a jury decides you were exactly 50% at fault, you can still recover money for your injuries.

The state’s 51% bar rule only blocks you from getting paid if your share of the blame is more than 50%. If you land right at that 50/50 mark, your total damage award is simply cut in half. So, if a jury decides your total damages are worth $200,000, you’d walk away with $100,000.

How Long Do I Have To File A Partial Fault Lawsuit In Pennsylvania?

In most personal injury cases, Pennsylvania gives you two years from the date of the injury to file a lawsuit. This is called the statute of limitations, and it’s a hard deadline.

Missing this two-year window is a critical mistake. If you try to file even one day late, the court will almost certainly throw your case out. It doesn't matter how strong your evidence is or how serious your injuries are—you lose your right to sue forever.

Should I Give A Statement To The Other Party's Insurance Company?

No. You should never speak with the other party's insurance adjuster or give a recorded statement without talking to your own attorney first.

Adjusters are not on your side. Their job is to protect their company's money, and they are trained to ask tricky, leading questions. They want you to accidentally admit fault, downplay how hurt you are, or say something that contradicts your story later on. They will twist your words to reduce your claim's value or deny it completely.

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Even if you think you share some of the blame for what happened, you still have rights. At Mattiacci Law, we know the tactics insurance companies use and how to fight back. Contact us for a free, no-pressure consultation to figure out if you can sue even if you were partially at fault in Pennsylvania. Find us at https://jminjurylawyer.com.