Can I still recover if I was partly at fault in Pennsylvania?

Yes, as long as your share of the fault is 50% or less. Your recovery is then reduced by your percentage of fault. At 51% or more, you recover nothing.

What law governs comparative negligence in Pennsylvania?

Pennsylvania's Comparative Negligence Act, 42 Pa.C.S. § 7102, which establishes the modified comparative (51% bar) system.

Pennsylvania's 51% Rule: How Shared Fault Affects Your Injury Case

Pennsylvania follows modified comparative negligence. You can still recover if you were partly at fault — but only if your share is 50% or less, and your award is reduced by your percentage of fault.

Short answer: Pennsylvania uses modified comparative negligence with a 51% bar (42 Pa.C.S. § 7102). You can recover damages only if your share of the fault is 50% or less. If you are 51% or more at fault, you recover nothing. If you can recover, your award is reduced by your percentage of fault.

What negligence rule does Pennsylvania follow?

Pennsylvania is a modified comparative negligence state. Under the Comparative Negligence Act, an injured person's own fault does not automatically bar recovery — it only bars recovery once that fault crosses the 50% line.

How does the 51% bar work in practice?

Say your damages are $100,000 and a jury finds you 20% at fault. You recover $80,000. If the jury finds you 50% at fault, you recover $50,000. But if the jury finds you 51% at fault, you recover nothing. That single percentage point is why fault allocation is so heavily contested.

Why does this matter so much for my claim?

Insurance adjusters push to assign you as much fault as possible to get you over the 51% line — or at least to shrink your award. Common tactics include:

Leading questions in recorded statements
Blaming your speed, distraction, or a delay in treatment
Using your social media posts against you

How do I protect myself?

Never admit fault at the scene or to an adjuster, and let the investigation determine liability. Strong evidence of the other party's fault keeps your percentage low — see how to prove the other driver was at fault. To compare Pennsylvania attorneys who know how local juries assign fault, start a free claim summary.

This is general information about Pennsylvania law, not legal advice for your specific claim.