Comparative Fault: When Both Parties Cause a Car Accident

This video features Stewart J. Eisenberg, a Medical Malpractice attorney based in Pennsylvania.

Attorney Stewart Eisenberg | 888-644-4288 | Free Consult

If a crash occurs between two people who both broke the law, who is responsible?

Stewart Eisenberg is a Philadelphia attorney with Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. In this Quick Question, he explains how Pennsylvania determines who is liable for a car accident.

To learn more, contact the attorney directly by calling 888-644-4288 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Pennsylvania, in addition to some other states, are considered “comparative-fault” states.

If you were partially at fault for a car accident you might still be eligible to file for compensation. Depending on your state, the amount of compensation you are eligible for could vary depending on the percentage of fault attributed to you by a jury. Pennsylvania is one of these states, considered a comparative-fault state. Comparative fault is simply a term used in law to describe the process by which two parties that might both be at fault can proportionately make a financial recovery based on the degree to which each party is decided to be responsible for the accident.

As long as the injured person is found to be less than 50% responsible in the eyes of the jury, they can still receive compensation.

As long as the party seeking compensation is decided to be less than 50% at fault for the accident, they can receive at least partial compensation for their damages. However, it can be difficult to know who is at fault in a car accident. In fact, people often dive into the legal matters surrounding a car accident believing themselves to be at fault, only to discover that other factors were at play in the accident that, if they had not existed, would have majorly altered the course of the situation. This is why it is important to seek legal counsel before admitting to fault in a car accident.

If there is any question of fault after a car accident, talk to an attorney.

It’s important to refrain from speaking to anyone about the situation until after receiving legal counsel. Even something as simple as an apology at the scene could be considered an admission of guilt and later used against you in court.

It’s especially important to be careful of what you say when contacted by the other driver, their insurance company, and even your own insurance company. Instead of immediately answering their questions or providing information, it’s a good idea to simply take down their contact information and let them know your lawyer will be in touch.

Experienced car accident attorneys also have access to resources that can help assess the situation and evaluate what percentage of fault for the situation you are likely to be awarded by a jury. This evaluation can save an injured party from endless headaches as they seek compensation for their damages.

Most car accident attorneys offer free consultations and work on contingency, which means you don’t pay unless and until they win your case. With this in mind, if you or a loved one were injured in a car accident and might have been partially at fault, seek legal counsel.

To learn more, contact Stewart Eisenberg directly by calling 888-644-4288 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Video Transcript:

Rob Rosenthal:

Here's another Quick Question from, I'm com Rob Rosenthal. How is fault determined if you're in a crash in Pennsylvania? We asked Philadelphia attorney Stewart Eisenberg.

Stewart Eisenberg:

If the defendant drives around a stop sign and you ran a red light, how much responsibility do you have for the accident and how much responsibility does the other person have for the accident? And it doesn't really matter how much you are responsible as long as that responsibility does not go above 50%. So long as you as a plaintiff, as an injured person are less than 50% responsible or found to be responsible by a jury, then you can collect against the defendant, one defendant, two defendants, whoever is in the case. So comparative fault is a concept that we have in Pennsylvania and really is involved in almost any case that you bring in the courts.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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