Defendant's Attorney: John P. Lock

Description:

Philadelphia, Pennsylvania personal injury truck wreck lawyer represented the Plaintiff on an auto negligence theory.

Pennsylvania's auto negligence law is based on a modified comparative negligence rule, which means that a plaintiff can recover damages if they are less than 51% at fault for an accident:

Percentage of fault
Each party in a negligence claim is assigned a percentage of fault based on how much their actions contributed to the accident.

Compensation
The plaintiff recovers the damages awarded minus their percentage of fault. For example, if a plaintiff is 20% at fault, they can only claim 80% of the settlement award.
Barred from recovery
If the plaintiff is found to be 51% or more at fault, they are barred from recovering any compensation.

Pennsylvania also has a 2-year statute of limitations on car accident claims, which means that a plaintiff must file a lawsuit within two years of the accident.
Other things to know about negligence in Pennsylvania include:

Pennsylvania does not recognize a separate cause of action for gross negligence.

A duty of care is the legal obligation to act in a way that doesn't create an unreasonable risk of harm.
Different situations have different standards of care. For example, a store owner is expected to clear ice from a walkway if it's common practice to do so.

Outcome:

Plaintiff's Experts:

Defendant's Experts:

Comments: