You may be unsure where you stand after a car accident in Pennsylvania, especially if you think you might share some of the blame. Many people in Central Pennsylvania find themselves second-guessing what really happened in those crucial moments before a crash. That uncertainty can make moving forward—emotionally and financially—a real challenge, especially when insurance adjusters or the other driver suggest you could be at fault.
Understanding how blame is divided and how that division affects your ability to recover damages is not just legal jargon—it's the difference between rebuilding your life and facing bills that shouldn’t be yours alone. Too often, people walk away from viable claims or accept lowball settlements because they misunderstand their legal rights under Pennsylvania law.
At Handler, Henning & Rosenberg LLC, we’ve guided accident victims in Central Pennsylvania through these situations for over a century. Our attorneys have handled thousands of car accident and shared-fault claims, turning uncertainty into a clear recovery plan. Let’s break down what comparative negligence really means—and how it could affect your compensation.
How Comparative Negligence Works in Pennsylvania
Comparative negligence is the standard Pennsylvania uses when multiple parties share responsibility for an accident. Under this system, blame is divided between parties, and any compensation is adjusted based on each party’s degree of fault. This approach recognizes that car accidents are rarely black-and-white.
Pennsylvania follows a modified comparative negligence rule called the 51 percent bar. You remain eligible to recover damages as long as your share of fault does not exceed 50 percent. If you are found 51 percent or more responsible for the accident, you cannot receive compensation from the other party. If you are partially at fault but your share is at or below 50 percent, your damages are reduced accordingly.
For example, if your total losses are $100,000 and you are determined to be 20 percent at fault, your recovery would be $80,000 (a 20 percent reduction). If your fault climbs to 51 percent, your chance for recovery ends. These rules put real pressure on every percentage point of blame assigned, underlining the value of strong legal representation throughout the claims process.
Who Decides Fault & How Percentages Are Assigned
Many clients ask, “Who decides what percentage of fault I have?” The answer depends on the stage of your case. Early on, insurance adjusters review the police report, witness statements, photos, and driver accounts to assign preliminary fault percentages. Their interpretation of events underpins the first settlement offer.
If you disagree with the insurer’s findings or the case proceeds to court, a judge or jury makes the final determination. They will consider the same evidence, but you also have the chance to refute claims and present additional facts—something not always possible in the initial insurance process.
Determining fault is often more subjective than clients expect. Even small details, such as how a police report describes the scene or the sequence of statements made to insurance adjusters, can shift the calculation against you. Over time, we have seen cases where context—such as weather, traffic, or vehicle placement—was misunderstood or overlooked, resulting in a different client outcome. It’s why our attorneys dig deeply into the facts and ensure your perspective is represented clearly and effectively.
Insurance Tactics & Common Pitfalls in Comparative Negligence Cases
Insurance companies have a strong incentive to pin as much blame on you as possible. Each additional percent of fault they can assign to you reduces what they need to pay—and if they push you past the 50 percent mark, their obligation ends entirely.
Insurers may exploit ambiguities or seize on small, out-of-context details from police reports or your own statements. Many claimants unwittingly undermine their own cases by casually mentioning they “could have been more careful” or by accepting a hasty settlement offer before all the evidence is collected. Once accepted, these settlements are nearly impossible to reopen, regardless of later discoveries or corrections.
Another common pitfall is failing to gather critical evidence immediately. Insurance adjusters will not search for information that helps your case—they use what is immediately available, even if important context is missing. That can easily tip the scales against you. We have handled numerous cases in which early intervention and thorough investigation dramatically changed outcomes, clarifying real fault and improving the client’s recovery.
How to Strengthen Your Claim & Reduce Your Fault Percentage
What you do immediately after an accident often has the biggest impact on your eventual recovery. Every record you keep, every photograph you take, and each witness you identify could later influence how fault is assigned once the dust settles.
Start by documenting the scene and your serious injuries with photographs. Gather contact information from witnesses, save all receipts and medical bills, and create a timeline of what happened from your perspective. This proactive approach preserves details that can be lost or distorted over time. Always keep in mind that you have no obligation to speak at length with insurance adjusters before consulting an attorney—your statements can be used to build a narrative against you if you are not careful.
If you feel uncertain about what to say or what information to provide, waiting to consult legal counsel is not only acceptable—it is often the wisest choice. Our firm helps clients take immediate, practical steps to strengthen their claims, including guidance on communicating with insurers and identifying overlooked evidence. Local knowledge often matters. Central Pennsylvania accident scenes, regional weather patterns, and local road design all factor into fault evaluation.
Why Experience Matters in Pennsylvania Comparative Negligence Claims
The law may be written clearly, but its application can vary by region, adjuster, and even case to case. Local experience can provide leverage—knowing what details change outcomes, which police departments tend to omit, or how insurers in Central Pennsylvania interpret ambiguous scenes.
Our firm has been representing car accident victims in Harrisburg, Hanover, Carlisle, York, Lancaster, and Schuylkill County for over 100 years. We have handled claims arising from nearly every type of road and traffic situation in the area. Our attorneys are known locally, and our presence across the region makes us accessible for in-person consultation and investigation wherever your crash occurred.
Find Out Where You Stand & Protect Your Right to Recover
You do not have to make guesses about how comparative negligence will affect your ability to recover after a car accident in Pennsylvania. Instead, get informed guidance to avoid common mistakes, present your strongest evidence, and keep the process fair from the beginning. Sometimes, the outcome changes by just a few points in the fault calculation.
If you are facing questions about fault, or if you feel pressed into accepting blame where the facts are not clear, contact Handler, Henning & Rosenberg LLC. Our attorneys are ready to assess your situation and help you build your claim.