Being involved in a car accident can be a stressful and challenging ordeal, especially if you have sustained injuries and vehicle damage. As you consider seeking compensation from the at-fault driver, it’s crucial to understand Philadelphia’s application of the contributory negligence doctrine and how it can impact your ability to recover damages after an accident. This article examines how contributory negligence operates in Philadelphia, the impact it has on car accident claims, and the unique challenges faced by plaintiffs seeking damages under this system.
What is Contributory Negligence?
Contributory negligence is a legal doctrine that places the entire burden on the plaintiff and absolves a primarily negligent defendant just because the plaintiff was also somewhat negligent.
Under this doctrine, a plaintiff cannot recover any compensation for their injuries or losses if they contributed in any way to the accident, regardless of whether the defendant’s actions were far more dangerous and negligent. Even if the plaintiff was just 1% negligent while the defendant was 99% at fault, the plaintiff is completely barred from compensation. Because of this, it is important to talk to experienced Philadelphia personal injury lawyers when contributory negligence becomes a factor in a car accident claim.
An expert personal injury lawyer in Philadelphia, Allen L. Rothenberg from The Rothenberg Law Firm, who has closed many multi-million dollar deals for victims, believes that the contributory negligence rule is unfair to victims. He believes victims should be able to claim compensation even if they are slightly at fault for the accident.
Impact on Car Accident Claims
Contributory negligence can have devastating impacts on a car accident victim’s ability to receive fair compensation in Philadelphia. Some common scenarios where a plaintiff’s minor negligence can destroy their claim include:
- Momentarily looking at your phone or radio right before the collision
- Not noticing a red light or stop sign
- Traveling just a few miles above the speed limit
- Not yielding properly at an intersection
Even if the other driver clearly acted negligently, like speeding or drunk driving, the plaintiff’s slight negligence completely defeats the claim. This disproportionate burden makes it very difficult for injured victims to recover damages after an accident in Philadelphia.
Proving Contributory Negligence in a Car Accident Claim
In a car accident claim, the plaintiff must prove that when the accident occurred, the defendant was negligent. Once a plaintiff has proven this, the defendant may use contributory negligence as a defense to escape blame. The defense must establish that the plaintiff failed to act appropriately, given the circumstances that contributed to the accident. This is known as the reasonable person standard.
The defense is tasked with persuading the jury of the course of action that an ordinary member of the community, assuming a reasonable degree of caution, would undertake in a comparable circumstance. The aforementioned standard fails to consider the specific knowledge, capabilities, or cognizance of the plaintiff. The jury is tasked with determining whether the plaintiff acted reasonably, given the circumstances.
If a defendant successfully establishes that a plaintiff contributed to the incident, the plaintiff cannot recover damages in a contributory negligence state.
Challenges Faced by Plaintiffs
Contributory negligence presents a number of challenges for plaintiffs in car accident cases:
- Juries rarely find that a plaintiff had zero fault, so it is easy for a claim to be barred.
- Plaintiffs have the burden of proving they were not negligent at all, which is very difficult.
- Settlements are much lower because plaintiffs risk getting nothing at trial.
- Insurers can leverage the doctrine to avoid reasonable settlements.
- Poor or uninsured plaintiffs are hurt the most by the inability to recover damages.
The concept of contributory negligence is exceptionally harsh and makes a plaintiff’s already difficult path to compensation after an accident almost insurmountable in Pennsylvania.
Final Thoughts
Accident victims in Pennsylvania face an uphill battle in proving they were completely faultless, which is required to defeat a contributory negligence defense. The risks and challenges imposed on plaintiffs make legal representation critically important when pursuing injury claims.
An experienced personal injury attorney can strategically build your case, refute unreasonable allegations of fault, and maximize your chances of a successful outcome.
With skilled legal guidance, victims can mitigate the risks of this stringent doctrine and pursue the fullest compensation possible for their harms and losses.