Pennsylvania’s comparative negligence rule requires you to show that a driver contributed at least 51% toward causing your accident. If your own negligence contributed, the jury may reduce your award by the percentage determined as your fault.
The court generally hears each side of how the events transpired. The jury then allocates a percentage of how much each party’s actions contributed to the accident. If it finds you contributed 30%, an award may only provide you with 70% of your claimed damages.
Evidence may help prove fault
You may provide evidence to prove your case when another driver’s negligence contributed entirely toward causing an accident. The defendant, however, may aggressively attempt to persuade the jury to assign partial fault to you or another party.
Bus driver found 100% at fault
A commercial bus carrying at least 40 passengers on Interstate 80 during the overnight hours slammed into the back of a tractor-trailer. The impact killed a female passenger and left dozens of others seriously injured. The injured plaintiffs and the deceased’s estate filed a legal action against the bus company for damages.
The jury held the bus driver completely liable and awarded $15 million to the plaintiffs, as reported by The Patriot-News. Evidence at the trial revealed the bus drove over the speed limit, a finding that helped the jury find the bus company 100% at fault.
The bus company failed to convince the jury
During the seven-week trial, the bus company’s attorneys tried to introduce evidence to show that the tractor-trailer driver caused the accident. The jury did not accept the company’s argument that the truck driver was at fault for failing to turn on his flashing warning lights. The court also did not accept the bus company’s claim of an intoxicated truck driver moving too slowly on the interstate.