Contributory and Comparative Negligence in Pennsylvania

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What Happens When You Have Some Liability for an Injury You Sustained?

comparative negligenceWhen you have been hurt in an accident, and there are a number of parties whose actions contributed to your injuries, it’s not uncommon for the court to allocate liability and financial responsibility. But what if you were negligent and caused or contributed to the accident? How will that impact your ability to recover damages for your losses?

Contributory Negligence

For most of the history of the law of torts, the legal principle that applied when an injured party was partially at fault was known as “contributory negligence.” Under the doctrine of contributory negligence, as it evolved, a person may not recover damages for any injury if he or she contributed in any way to the accident or injury. This approach led to defense attorneys looking for any basis to allege contributory negligent, no matter how insignificant. It also came to be perceived as unfair—a defendant could be grossly negligent, but be absolved from liability if he or she could show the least amount of carelessness on the part of the injured party.

Comparative Negligence

In the early 20th century, a few jurisdictions rejected contributory negligence, replacing it with the concept of “comparative negligence.” Every state now has some form of comparative negligence statute on the books.

With comparative negligence, the judge and/or jury will make a determination of the total amount of damages/losses, as well as an assessment of the degree of liability of each party. For example, a jury may conclude that the total damages were $100,000 and that the plaintiff (injured party) was 25% responsible. The total damage award will then be reduced by the percentage of the plaintiff’s responsibility. The plaintiff will then receive $75,000 ($100,000-$25,000).

There are two approaches to comparative negligence:

  • Pure comparative negligence, where the plaintiff will always receive something, unless determined to be 100% responsible
  • Modified comparative negligence, where the injured party will only be entitled to a recovery if his or her liability is less than a fixed percentage (usually 50%). Pennsylvania is a pure comparative negligence state.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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Absentee Liability—Can You Be Responsible for a Motor Vehicle Accident If You Weren’t There at the Time of the Crash?

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Motor-Vehicle-Accident-If-You-Weren't-There-at-the-Time-of-the-Crash

In the aftermath of a motor vehicle accident, particularly if you’ve been hurt in the crash, it’s customary to take a look at the actions of everyone involved in the wreck to see who caused the accident. But you may need to look beyond the parties involved in the collision if you want to get full and fair compensation for all your losses. It may seem counterintuitive, but there’s often potential liability for someone who was nowhere near the scene at the time of the accident. Let’s look at some specific examples.

The Person Who Hit You Was Working at the Time

There’s a longstanding legal principle, known as respondeat superior, which holds an employer responsible for the wrongful acts of an employee, provided the employee was acting in the scope of his employee at the time of the accident. If the person who hit you was driving at the request of his or her employer and engaged in work-related tasks, the employer will typically have liability. If, on the other hand, the employee was on a personal errand or performing a personal task at the time of the accident, the doctrine of respondeat superior does not apply.

The Owner of the Car that Hit You Wasn’t Driving

In many states, the responsibility for insurance coverage follows the car, not the driver. Accordingly, if the owner of the car let someone else borrow it and that person caused the accident, the owner may still have responsibility.

You Were Hit by a Minor

There are a couple theories under which you can recover from the parents of a driver who hit you (while driving the parents’ car). The first is based on the legal concept of negligent entrustment, and requires that the parent have knowledge of the child’s carelessness or past negligent behavior behind the wheel. Negligent entrustment does not apply if the parent had no reason to believe that the child presented a risk. The other theory is one of vicarious liability, which is similar to respondeat superior. If the parent sent the child on an errand and the child caused an accident, the parent may be liable.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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Consequential Injuries and Workers’ Compensation Benefits

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Consequential Injuries and Workers' Compensation BenefitsOne of the common misconceptions, when you’ve been hurt on the job, is that you can only receive benefits for injuries directly caused by the accident, that your injuries must be substantial, and that they must be obvious. To the contrary, there are times when a seemingly insignificant work-related injury can lead to more serious health problems, ones not directly caused by the accident, but which would not have developed if the accident had never occurred. These are known as “consequential injuries” and will qualify you for workers’ compensation benefits.

Understanding Consequential Injuries

A consequential injury is one that is not directly caused by an accident, but which would not have happened “but for” the accident. Many consequential injuries involve soft tissue or connective tissue, including tendons, ligaments and muscles. For example, you may slip and fall on a slippery floor at work, twisting your ankle. The twisted ankle readily apparent—it may be swollen and you may even see something on an x-ray.

However, you may change the way you walk because of the ankle sprain. Changing your gait may lead to muscle pain in other parts of your body, including your other leg, your lower back and your hips. If the pain or discomfort from those “consequential” injuries makes it difficult or impossible for you to work, you can seek workers’ compensation benefits for those injuries.

Another common “consequential injury” is infection. You may sustain lacerations or abrasions in a work accident, then develop infection in the area of the cut. If the infection prevents you from working, you can qualify for workers’ compensation benefits for the disability and any attendant medical expenses.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Cheap Gas Tied to Higher Rates of Injury and Death on Roadways

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When the price of gas plummeted in late 2014, National Highway Traffic Safety Administration (NHTSA) officials expressed concerns that one of the consequences of lower fuel prices would be an increase in injury and death on America’s highways and streets. They cited a study by Professor Guangqing Chi, of South Dakota State University, which tracked fuel prices and traffic fatalities over the last quarter of a century, finding that when gas prices increased, traffic deaths went down and when prices declines, fatalities went up.

The numbers are in for 2015 and, while the NHTSA’s worst fears did not become reality, officials saw the largest increase in traffic deaths nationwide in more than 50 years. Professor Chi had predicted an additional 9,000 traffic deaths in the United States if gas prices stayed around $2 per gallon. According to statistics, the actual increase was about 8% or just a little over 5,000.

Professor Chi says the correlation is really simple mathematics. When gas prices go down, more people are inclined to take to the roadways, and are also more likely to travel further. Many individuals and families may choose to drive, rather than fly, to a vacation destination. Assuming that the fatal accident rate remains the same, if there are more drivers on the road for more hours, the number of deaths will rise. Chi says the impact has been felt most acutely by younger drivers, who have less discretionary income and may not need to drive for work or other obligations. Because their driving is mostly recreational, they tend to do more of it when gas prices are lower.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Car Accidents Caused by Road Hazards

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Motor Vehicle Accidents Caused by Road Hazards

MotorcycleYou can exercise due and diligent care when operating a motor vehicle, but still be at risk of serious injury if city, county or other municipal entities are careless or negligent with respect to the construction or maintenance of a roadway. A road may have a blind corner or an unnecessarily sharp turn. Road construction crews may fail to properly back a tight curve. There may be potholes, cracked or broken pavement, or water/ice that collects on the road.

When you can show that a roadway was poorly designed or constructed, you can pursue damages for any losses you suffer in an accident stemming from those deficiencies. The first thing you want to do after such an accident is get the medical care you need. Be careful to discuss all potential injuries with medical caregivers, not just the ones that seem most obvious.

While you are still at the scene, if possible, take pictures of the accident from all angles. Be sure to show any existing traffic signs, as well as the curve of the road, any potholes or other defects. You may have to work with an engineer, or other expert witness, to show that the design or maintenance of the road failed to meet reasonable standards of care.

A personal injury claim for losses caused by a road hazard will typically be litigated as a negligence claim. To successfully prosecute your claim, you will need to show that the defendant’s actions did not meet the standards that a reasonable person would use. You also have to show a causal relationship between those acts and your injury.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology