Your actions that led up to the accident may affect the outcome of your bus accident claim. If you were partially at fault for the crash, it reduces the other party’s liability, and you will only be able to recover a portion of your damages.
Your actions affect your bus claim because of a theory that the state of Pennsylvania follows referred to “comparative fault,” which we’ll discuss in more detail below.
Comparative Fault Rules in Pennsylvania
According to the Pennsylvania modified comparative fault rule, if you were partly at fault for a bus accident, you can still seek recovery for damages, but your negligence will affect your settlement award.
Specifically, if you were less than 51 percent at fault, you can still receive compensation, but your solution is reduced by the exact proportion as your degree of the blame.
For example, let’s say you were overtaking a bus when it veered into your lane and caused you to crash. The insurer or courts may determine that because you were speeding and didn’t have time maneuver out of the way when the bus traveled into your lane, you are 25 percent at fault for the crash. The bus driver responsibility only pertains to 75 percent of the accident. If your damages totaled $100,000, you would only receive $75,000 if you win your case.
Examples of Actions that May Affect Your Case
Below are a few additional examples of activities that may influence the amount of compensation you get for your bus accident claim.
- You were not obeying the rules of the road.
- You were driving while distracted.
- You were under the influence of drugs or alcohol.
- You did not yield right-of-way.
- You were a pedestrian or bicyclist that accidentally stepped into the bus’s path while distracted by your phone.
Your Actions after the Crash Matter, Too
On another note, it’s not only your actions that contributed to the accident that affect the outcome of your case; you may inadvertently thwart your claim after the fact if you’re not careful.
We’ve witnessed clients damage their cases after the fact by making by making these errors.
- Statements that admit fault (even when the fault wasn’t theirs)
- Not filing claim paperwork in the allotted amount of time
- Taking the first settlement offered by an insurance company, which is usually less than what they are entitled
Get the Highest Settlement Possible, Contact Cordisco & Saile LLC
Don’t wreck your chances of full and fair compensation. Get professional legal advice. Our bus accident attorneys at Cordisco & Saile LLC provide free consultations to injured victims in Pennsylvania or their family members. We can assess your case, determine if there are any elements of comparative fault, and then help you pursue the maximum recompense possible. Contact us today at 215-642-2335.