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Can You Still Recover Damages Under Pennsylvania's Modified Comparative Negligence Rule? - Luxenberg Garbett Kelly & George P.C. · BSPE Legal Marketing Podcast

• 0:00
  Can You Still Recover Damages Under Pennsylvania's Modified Comparative Negligence Rule?
• 0:04
  If you were hurt in a Pennsylvania car accident and someone is blaming you for what happened, you may still have a valid claim for financial recovery.
• 0:13
  Pennsylvania follows a modified comparative negligence system codified at 42 Pa.C.S. § 7102, which allows injured drivers to recover compensation even when they share some of the blame.
• 0:28
  The critical threshold is known as the 51% bar, meaning you can recover damages as long as your share of fault does not exceed 50%.
• 0:37
  Once your assigned fault reaches 51% or more, Pennsylvania law cuts off your right to recover anything at all.
• 0:44
  Below that threshold, your compensation is simply reduced in proportion to your percentage of fault, so a driver found 20% responsible still recovers 80% of proven damages.
• 0:56
  On a $100,000 claim, being assigned 30% fault means you walk away with $70,000, and being assigned 50% fault still leaves you with $50,000.
• 1:08
  This framework replaced the old contributory negligence doctrine, which barred recovery entirely if the injured person was even 1% responsible, a standard the Pennsylvania General Assembly replaced on September 7, 1976.
• 1:24
  Before any lawsuit is filed, an insurance adjuster assigns an informal fault percentage that directly shapes the settlement offer extended to you.
• 1:32
  Adjusters build their estimate from the police crash report, recorded statements, photographs, vehicle damage patterns, and which traffic laws each driver appears to have violated.
• 1:43
  That assigned percentage is not legally binding, and it frequently changes when stronger evidence arrives, such as a dashcam recording, an uncontacted witness, or photos showing an inconsistent impact angle.
• 1:55
  If a case proceeds to trial, a judge or jury reviews all the evidence, returns a verdict sheet assigning a fault percentage to each party, and the court reduces the award accordingly.
• 2:06
  Every percentage point matters enormously, because in a six-figure claim, a single point can represent thousands of dollars gained or lost.
• 2:16
  When multiple defendants are involved, a party held responsible for at least 60% of total liability can be held jointly and severally liable for the full award, which affects whether enough insurance coverage exists to pay the judgment.
• 2:31
  Lawrence M. Kelly and Joseph A. George are Pennsylvania car accident attorneys who help injured drivers challenge unfair fault assignments and preserve their right to compensation.
• 2:42
  This law firm immediately secures time-sensitive evidence including dashcam footage, event data recorder downloads, and witness statements, and works with accident reconstruction professionals to keep your assigned fault as low as possible.
• 2:56
  The lawyer you choose to represent you can make the difference between recovering full proportionate damages and walking away with nothing, so the strength and speed of your legal response genuinely matter.
• 3:07
  Contact Luxenberg Garbett Kelly & George P.C., located at 315 N Mercer St, New Castle, PA 16101, United States, by calling 724, 658, 8535 to schedule a consultation and discuss your options with a law firm that fights to protect your recovery.