- February 4, 2025
- Posted by: Robert Katz
- Category: DUI Accidents, Personal Injury
Being injured in an accident caused by a drunk driver is one of the most traumatic and overwhelming experiences. However, not all DUI accident cases are clear-cut. Sometimes, the injured party partially contributes to the cause of the crash. This is where the concept of comparative fault comes into play. Understanding how comparative fault works and how it applies to your injury claim is important if you seek compensation for your damages.
What is Comparative Fault?
Comparative fault is a legal principle applied to determine the percentage of responsibility of each party concerning an accident. Pennsylvania follows the modified comparative fault rule. This means that if you cause an accident, your compensation could be reduced by your percentage of fault. Conversely, you may be barred from recovering any damages if you are determined to be more than 50% at fault.
How Comparative Fault Applies to DUI Claims
Even though the driver operating under the influence of drugs or alcohol is typically presumed to be at fault, a court will consider the injured party’s conduct also. Following are some scenarios that may lead to comparative fault claims:
Speeding or Reckless Driving
If you were speeding or driving recklessly at the time of the accident, the court may consider that you contributed to the crash through your actions. This can cut down the compensation you are liable to receive.
Failure to Obey Traffic Laws
Even if the other driver was intoxicated, failing to stop at a red light, making an illegal turn, or violating another traffic law could impact your claim. The defense may argue that your actions played a role in causing the accident.
Riding with a Drunk Driver
If you knowingly got into the vehicle with a driver under the influence, the insurance company might try to partially blame you for being there. This could reduce the amount of compensation that can be recovered.
How Comparative Fault Applies to Your Damages
If you are found partially at fault for the accident, your total compensation will be reduced by your percentage of fault. For example, if your damages total $100,000 but you are found to be 20% at fault, you would only be able to recover $80,000. However, if you are determined to be more than 50% responsible, you cannot recover any compensation.
Why You Need a Skilled Attorney
Navigating a comparative fault claim for a DUI accident can be very tricky. Insurance companies will do everything possible to argue comparative fault to limit liability. That is why having a knowledgeable DUI accident attorney in Philadelphia, PA, is important. An experienced lawyer can help gather evidence, counterclaims of shared fault, and fight for the maximum compensation you deserve.
Contact Katz Injury Law Today
If you have been injured in a DUI accident and are seeking legal advice, do not try to take on the insurance companies yourself. A dedicated car accident lawyer serving Upper Darby will work with you to understand your rights and seek the compensation you deserve to recover. Contact Katz Injury Law today for a free consultation, and let us fight on your behalf.
