Many drivers question the extent to which their negligence in a motor vehicle accident affects their recovery in the situation where another driver is clearly at fault to some degree. Thus, the question better phrased is to what extent does a driver’s contributory negligence affect any recovery in a motor vehicle accident?

Pennsylvania follows the 51 percent bar modified comparative rule. Under comparative negligence principles, each party is assigned a percentage of fault in a motor vehicle accident where some negligence is alleged.

42 Pa. C.S.A. § 7102, provides that a plaintiff’s fault does not bar recovery as long as such fault is less than the fault of the defendant. Specifically: “In all actions brought to recover damages for negligence…, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff…where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought.”

Thus, as long as the accident victim is less than 51 percent at fault for the accident, a plaintiff may still recover damages. Any injury settlement will be reduced by a plaintiff’s degree of fault. “Any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.”

Thus, comparative negligence may affect a personal injury case based on negligence in two ways. It may completely bar a plaintiff from receiving any compensation if the court finds that a plaintiff is 51 percent or more at fault. It may also affect a case if the court deems the plaintiff to be 50 percent or less at fault by reducing settlement by this degree of fault.

For example, if a defendant were found to be 60 percent responsible for causing an accident and the plaintiff were 40 percent responsible, the plaintiff may recover 60 percent of the total damages awarded. Thus, if injured in an accident, a plaintiff may hold a level of fault for an accident and still recover damages.