How Liability Works When Multiple Parties Cause an Accident
If you’ve been injured in an accident that was caused by more than one party’s negligence, it makes an already challenging legal matter more so. One of the most important steps you can take if you find yourself in this difficult situation is reaching out for skilled legal guidance early on. Our experienced personal injury attorneys at Mette Attorneys at Law in Harrisburg, PA, have the legal skill and insight to help.
The Fair Share Act in Pennsylvania
In 2011, Pennsylvania adopted a modified version of pure joint and several liability for cases that involve multiple at-fault parties. The new Fair Share Act makes it more difficult to obtain fair compensation in cases involving multiple negligent parties.
The 60 Percent Rule
The recent modification only allows a claimant to recover on their complete losses through one of the at-fault parties if that party was at least 60 percent responsible for the accident. Any of the at-fault parties who are less than 60 percent responsible can only be held liable for the specific percentage of the claimant’s losses that was assigned to them.
You Must Bear Some Fault for the Fair Share Act to Apply
The Fair Share Act’s limitations will only apply to your claim if you are determined to share some percentage of fault in relation to the accident. If you don’t share fault, pure joint and several liability applies.
The 51 Percent Rule
Pennsylvania also employs what’s called modified comparative negligence. This means there is a limit to how much responsibility you can bear before you will be barred from recovering for your losses in an accident claim. If you are deemed at least 51 percent responsible for the accident, you can’t pursue compensation from the other party or parties involved.
This additional layer of legal complexity underscores the importance of having professional legal counsel on your side.
Exceptions to the Rule
There are specific instances when the Fair Share Act doesn’t apply in Harrisburg, and these include all the following:
- Dramshop liability cases
- In cases that involve causing intentional harm
- Cases that involve fraud
- In cases that involve the release or threatened release of hazardous substances, under the Hazardous Sites Cleanup Act
If You Bear No Fault
If you don’t bear any fault for the injury-inducing accident that multiple parties caused, your claim will be guided by pure joint and several liability. This means you can pursue full compensation from any one of the at-fault parties, regardless of the percentage of fault assigned to them. This generally means choosing the party with the most robust insurance coverage.
Don’t Wait to Consult with Our Experienced Injury Lawyers
Our accomplished Harrisburg personal injury attorneys at Mette Attorneys at Law dedicate our imposing practice to skillfully championing our clients’ rights throughout the claims process, in focused pursuit of the settlements and court awards they deserve. We welcome the opportunity also to help you, so please don’t hesitate to reach out by contacting us online or calling our firm at 717-232-5000.