Getting into a car accident is overwhelming, but it becomes even more stressful when you share some of the blame. If you're partially at fault for a crash in Upper Darby, Pennsylvania, you may worry that you're not entitled to any compensation. The truth is, Pennsylvania law still allows you to recover damages—even if you were partially responsible.
However, the process can be complex, and insurance companies will try to shift more blame onto you to reduce how much they pay. That's why working with an Upper Darby car accident lawyer can make a world of difference when you're trying to recover losses like medical bills, missed income, and property damage.
Upper Darby is a densely populated area with several traffic hot spots. One notorious intersection is the stretch around 69th Street Terminal, which sees frequent congestion and collisions. If your accident happened near there—or anywhere in the township—it's crucial to know your rights and how comparative fault applies.
Pennsylvania follows a rule called modified comparative negligence. This law impacts whether you can seek compensation and how much money you can receive based on your role in the accident. In simple terms, you can recover damages as long as you were less than 51% responsible for the crash. Once your share of fault reaches 51% or higher, you are barred from collecting compensation.
Here’s how it works in practice: Let’s say your total damages are $50,000. If you were found to be 30% at fault, your compensation would be reduced by 30%, which means you’d receive $35,000. This system encourages a fairer resolution for both parties, but it also opens the door for insurers to argue over fault percentages.
Your best chances for a successful claim involves proving that your share of the blame was minimal. That’s where legal strategy becomes essential.
After any collision, especially one where you may share fault, your actions can significantly influence your claim. Every step you take should help preserve evidence and demonstrate your side of the story.
Following these important steps can protect your legal rights and provide the foundation for a strong case.
Insurance adjusters often try to assign more blame to you than you deserve. This tactic allows them to reduce your payout or deny your claim entirely. A skilled attorney will investigate the collision, gather evidence, and argue on your behalf to lower your percentage of fault.
An experienced legal team will review police reports, speak to eyewitnesses, analyze traffic camera footage, and consult accident reconstruction experts. They’ll build a case that highlights the other driver’s negligence and minimizes your role in the accident. This can have a direct impact on your financial recovery.
In Upper Darby, where traffic congestion and tricky intersections increase accident risk, having an advocate who understands local traffic patterns and court systems gives you a major advantage. A local lawyer who has experience with similar cases in the area knows what it takes to present a compelling argument in your favor.
Filing a car accident claim when you're partly at fault involves more than paperwork. You'll face negotiations with insurance companies trained to shift liability and reduce payouts. Without legal representation, you may unknowingly accept a lower settlement or even admit to more fault than you actually bear.
Self-representation also makes it difficult to challenge unfavorable police reports or gather expert opinions. Mistakes like missing deadlines, incomplete documentation, or poorly written statements can drastically reduce your compensation—or prevent any recovery at all.
A local attorney will handle the process from start to finish. They will file paperwork correctly, meet legal deadlines, communicate with insurers, and ensure every detail supports your claim.
If you've been in a car accident in Upper Darby and think you might be partially to blame, don’t guess your way through the claims process. You have the right to seek compensation—even if you made a mistake. The right legal help can lower your share of fault, boost your payout, and reduce your stress. Talk to an experienced Upper Darby car accident lawyer today to find out what your case may be worth and what steps to take next.
