Pennsylvania's 51% Rule: How Comparative Negligence Affects Your Recovery

Being partly at fault doesn't necessarily end your claim in Pennsylvania. Understanding the modified comparative negligence rule could be worth thousands.

What Modified Comparative Negligence Means

Pennsylvania follows a modified comparative negligence rule with a 51% bar. You can recover damages as long as you are not more than 50% responsible for your own injuries. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.

How Fault Gets Divided

Fault is assigned by the jury (or in settlement negotiations) based on each party's contribution to the crash. A driver who was speeding might be 70% at fault while a driver who rolled a stop sign is 30%. Insurers routinely try to inflate the injured person's share of fault to reduce what they owe.

Why the Percentage Is Worth Fighting For

Because your recovery shrinks with your share of fault, every percentage point matters. Reducing an assigned fault from 40% to 20% can mean a dramatically larger recovery. This is where investigation, accident reconstruction, and skilled advocacy pay off.

Don't Assume You Have No Case

Many people wrongly believe that any fault on their part bars recovery. Under Pennsylvania law, that is simply not true unless you were mostly to blame. If you have been told you have no case because you were partly at fault, get a second opinion.

This article is for general information only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Pennsylvania attorney.