What Happens If You’re Found Partially At Fault in a Car Accident?
A car accident can be stressful, even when the damage appears minor. However, when fault is shared between drivers, it can feel confusing to understand what comes next. Shared responsibility can affect your claim, recovery, and insurance considerations, so knowing what partial fault means can help you make informed decisions and protect your rights after a car accident.
At Goldstein Heslop Steele Clapper Oswalt & Smith in Altoona, Pennsylvania, we understand how a car accident can influence fault, evidence, and insurance outcomes. Our attorneys are dedicated to helping you explore how factors such as location, traffic conditions, and road types may affect your claim, providing you with the clarity you need to make informed decisions.
With our main office in Altoona, Pennsylvania, we serve clients throughout Blair County, including Frankstown, Hollidaysburg, Williamsburg, Gallitzin, Cresson, Claysburg, Tyrone, and Bellwood. We also assist clients throughout Centre County, Huntingdon County, Cambria County, and Bedford County. Contact us to schedule an appointment.
How Partial Fault Is Determined
Pennsylvania follows a comparative negligence standard. This means that each driver involved in a car accident may be assigned a percentage of fault. That percentage directly affects the compensation you may recover. When insurance adjusters investigate the accident to assign fault, they will often take into account the following factors:
Traffic citations or other violations
Statements from drivers and witnesses
Physical evidence, such as vehicle damage or skid marks
Environmental factors such as road conditions or weather
Determining partial fault is typically not straightforward. One driver might bear the majority of responsibility, while another carries a smaller portion. Even if you’re partially at fault, you still have the right to pursue damages from the other driver.
When determining fault, the courts will review the accident reports, witness statements, and medical records of both parties carefully to see how fault is distributed and how it could influence your claim. Fault percentages can also be disputed, so having clear evidence can make a meaningful difference in the final determination.
How Fault Affects Compensation
In Pennsylvania, being partially at fault for a car accident influences how much compensation you can recover. However, it doesn’t eliminate your claim entirely. Under Pennsylvania’s comparative negligence rule, your damages are reduced by the percentage of your fault.
For instance, if you’re found 30% at fault in a car accident, the compensation you receive will be reduced by that percentage. If your damages total $20,000, you would receive $14,000 after accounting for your partial responsibility. Compensation can cover a wide range of damages, including:
Medical bills and ongoing treatment
Property damage to your vehicle or other personal property
Lost wages due to missed work
Pain, suffering, and emotional distress
Following a car accident, document every aspect of your losses carefully. This includes keeping detailed records of any medical visits, vehicle repair receipts, and logs of missed workdays. Comprehensive documentation can support your claim and help demonstrate the extent of damages even when partial fault applies.
It’s also important to remember that a partial fault may influence claims differently depending on the type of damage. Property damage claims may be easier to quantify than pain and suffering, which often requires additional evidence to show the impact of the accident on your daily life.
Steps to Protect Your Interests After a Car Accident
After a car accident, taking certain steps can often influence the outcome of a claim when partial fault is involved. The primary actions we recommend taking to protect your interests include the following:
Seek medical attention immediately, even if your injuries seem minor. Some conditions may appear later, and having an early record is crucial to linking your injury to the accident.
Report the accident to your insurance company promptly. Provide factual information without admitting fault.
Collect photos of the accident scene, your vehicle, and other vehicles involved.
Gather contact information for witnesses and obtain the official police report.
Avoid posting about the accident on social media in ways that could be interpreted as admitting responsibility.
Consulting with an attorney early can also help clarify how shared fault could affect your claim. At our firm, we can review the available evidence to identify any factors that might reduce your assigned fault. Taking these steps early improves your position when negotiating with insurers or the other party involved in the accident.
Insurance Considerations When You Are Partially at Fault
Partial fault changes how insurance companies calculate your claim. In Pennsylvania, your recovery will be reduced by your percentage of fault. For example, if your awarded damages are $10,000 and you’re 25% at fault, your payout would drop to $7,500.
Insurance adjusters will apply the same principle to medical bills, vehicle repairs, or lost wages. Our attorneys at Goldstein Heslop Steele Clapper Oswalt & Smith often see how these calculations can affect the outcome of a claim. Insurance companies also consider fault when evaluating:
Premium increases after a car accident
Liability coverage for future incidents
Potential disputes over medical or repair costs
It’s important to communicate carefully with insurers. Avoid admitting fault and provide only factual information. We advise you to focus only on what happened and the resulting damages rather than speculating on responsibility. Keep conversations factual to prevent misunderstandings that might reduce your compensation.
Sometimes, insurance companies dispute fault percentages. Having clear evidence, including photographs, witness statements, and police reports, can help strengthen your case. Our attorneys at Goldstein Heslop Steele Clapper Oswalt & Smith can review your communications and documentation to accurately represent your situation.
How to Resolve Disputes and Your Options for Settlements
Disagreements over fault and compensation often arise after a car accident. At Goldstein Heslop Steele Clapper Oswalt & Smith, we will make sure that your account of what happened is proven to the extent possible in order to prevent your share of fault from being overstated. We will challenge any share of fault if it has been asserted against you without justification. We will further work with you to evaluate settlement offers, review assigned fault percentages, and weigh the options for resolution. While many claims are settled without going to court, some require additional negotiation or legal proceedings. The key factors we consider when resolving disputes include:
Evidence supporting your version of events
Complete documentation of medical and vehicle damages
Statements from witnesses and official police reports
Policy limits and insurance coverage considerations
Even when partial fault is assigned, it’s possible to reach a fair settlement that reflects the extent of your injuries and losses. Evaluating offers carefully helps avoid settling for less than what you could reasonably recover. Our attorneys will discuss the pros and cons of accepting a settlement to help you make better-informed decisions.
Contact an Experienced Car Accident Attorney in Pennsylvania Today
If you were found partially at fault in a car accident, our attorneys at Goldstein Heslop Steele Clapper Oswalt & Smith can help you evaluate your options and develop a plan based on the details of the accident and your level of responsibility.
From our main office in Altoona, Pennsylvania, we serve clients throughout Blair County, including Frankstown, Hollidaysburg, Williamsburg, Gallitzin, Cresson, Claysburg, Tyrone, and Bellwood. We also serve clients throughout Centre County, Huntingdon County, Cambria County, and Bedford County. Contact us to schedule an appointment.