If you’ve been hurt in a car accident and believe you may have been partly to blame, you might be wondering whether you can still file a claim. This is a common concern, and one that often keeps people from getting the help they need.
The good news is that Pennsylvania law allows you to pursue compensation even if you were partially at fault, as long as certain conditions are met. Understanding how fault is determined, and what your rights are, can make all the difference in how you move forward after a crash.
How Pennsylvania Law Handles Shared Fault in Car Accidents
Pennsylvania uses a system called modified comparative negligence. This means that you can recover compensation if you were less than 51 percent at fault for the accident.
If you are found partially at fault, your compensation will be reduced in proportion to your share of responsibility. To illustrate, if your damages total $100,000 and you were 20 percent at fault, you could still recover $80,000.
That said, if you’re found to be 51 percent or more at fault, you won’t be eligible to recover compensation. This threshold is intended to reflect shared responsibility, which is common in many accidents.
How Insurance Companies Use Fault to Their Advantage
After an accident, insurance companies quickly begin looking for ways to limit what they owe. One of the most effective tactics they use is assigning fault—sometimes unfairly.
Even if another driver clearly caused the crash, the insurance company may try to argue that your actions contributed to it. For instance, they might say:
- You were driving too fast
- You didn’t brake quickly enough
- You made a sudden move or unsafe turn
- You were distracted behind the wheel
These arguments are often made in an effort to raise your percentage of fault. If they can push it above 50 percent, they may not have to pay you anything.
That’s why it’s so important to work with an attorney who understands how these tactics work and knows how to protect your rights. At Tarasi & Tarasi, we’ve spent decades helping injured clients across the Pittsburgh area respond to these challenges and recover the compensation they deserve.
You May Still Have a Case – Even If You Share Some Responsibility
Some accidents are straightforward. Others aren’t. Many collisions involve a mix of circumstances, with each driver contributing in some way. That doesn’t mean you’re out of options.
Even if you made a sudden stop, misjudged a turn, or reacted too slowly, you may still be able to bring a claim – especially if the other driver’s actions were also unsafe or careless.
Here are a few common examples where injured drivers may still have a strong case:
- A rear-end crash where you stopped unexpectedly, but the other driver was following too closely
- An intersection accident where both drivers believed they had the right of way
- A multi-car pileup where several vehicles collided in quick succession
- A crash in poor weather where road conditions and delayed reactions played a role
Each situation is unique, and small details can make a big difference. That’s why it’s important to have someone in your corner who can carefully evaluate the facts, gather the right evidence, and build a clear case that reflects what actually happened.
Don’t Assume You Can’t Recover
After a crash, it’s easy to second-guess yourself. You might feel unsure about what happened, or even believe the accident was entirely your fault. That kind of uncertainty is common—and completely understandable.
But it’s also why speaking with a lawyer matters. When multiple factors are involved in a collision, it takes a trained legal eye to sort out who is legally responsible. A personal injury attorney can help you understand how fault is determined, what options may be available, and whether you have a path forward based on the facts of your case.
Steps to Take If You Think You Were Partially at Fault
If you’re unsure about your role in the crash, that uncertainty alone shouldn’t stop you from protecting your rights. What you do in the hours and days after an accident can shape how your claim is handled and whether your side of the story is fully understood.
Here are some steps you can take to safeguard your health and your potential case:
- Get medical care promptly, even if your injuries seem minor
- Avoid admitting fault at the scene or in conversations with the insurance company
- Take photos of the vehicles, road conditions, and anything that could help explain how the crash happened
- Collect names and contact information for any witnesses, if possible
- Obtain a copy of the police report when it becomes available
- Speak with a personal injury attorney before agreeing to a recorded statement or accepting any settlement offer
Taking these steps early helps preserve important evidence and gives your attorney a clearer foundation to work from. It’s not about shifting blame—it’s about making sure the full picture is represented.
Talk to a Pittsburgh Car Accident Lawyer You Can Trust
At Tarasi & Tarasi, we know that car accidents often involve more than one factor. You may feel unsure about what happened or worry that a small mistake on your part means you no longer have a claim.
We’re here to help you understand where you stand. Our team has a long history of representing injury victims throughout Pittsburgh and surrounding areas, including Mount Lebanon, Monroeville, Bethel Park, Penn Hills, and Ross Township. We also serve clients in Allegheny County, Beaver County, Washington County, Westmoreland County, and Lawrence County.
If you’ve been injured and aren’t sure whether you can pursue a claim, we’re ready to listen, explain your options, and help you move forward.
Schedule a Free Consultation with Tarasi & Tarasi Today
If you were hurt in a car accident and think you may have been partially at fault, don’t make assumptions. Let an experienced attorney review your case and help you understand your rights. You may have more options than you think.
Contact Tarasi & Tarasi today to schedule your free consultation. We’ll walk you through the process, answer your questions, and work to protect your future. Proudly representing injury victims in Pittsburgh and throughout Western Pennsylvania, we’re here when you’re ready to take the next step.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Tarasi & Tarasi. Every case is different, and outcomes depend on individual facts and circumstances. If you’ve been involved in a car accident, speak directly with an attorney to fully understand your legal rights and options.
