Determining who is at fault after a car accident in the Lehigh Valley is one of the most important steps in securing fair compensation because even a small shift in fault percentage can dramatically affect how much an injured driver receives. Pennsylvania’s modified comparative negligence system assigns responsibility based on the evidence, the condition of the roadway, each driver’s behavior, and details documented at the scene, and many people do not realize how quickly these facts can be misinterpreted or lost without early legal help. 

An experienced Allentown car accident lawyer understands how local intersections, police reporting practices, and insurance company tactics influence fault determinations in this region. This guide explains the factors involved and how our firm protects clients when insurers or other drivers try to unfairly shift blame.

How Fault Is Determined Under Pennsylvania’s Modified Comparative Negligence Rule

Pennsylvania uses a percentage-based fault system that assigns liability to each driver involved in a collision. This framework considers driving behavior, roadway conditions, and available evidence to create a balanced approach to analyzing what happened. Because fault directly impacts compensation, understanding this structure helps injured drivers make informed decisions early in the claims process.

Understanding Pennsylvania’s 51% Bar Rule

Pennsylvania uses modified comparative negligence under 42 Pa.C.S. § 7102, meaning an injured driver may recover compensation only if they are 50% or less at fault. Once a driver reaches 51% fault, they lose the ability to receive financial compensation, even if their injuries are severe or life-altering. Any compensation awarded is reduced by the assigned percentage of fault, which affects victims across Allentown, Bethlehem, Easton, and the surrounding Lehigh Valley communities.

Common Factors Used to Assign Fault Percentages

Police reports play a significant role because they contain observations, citations, diagrams, and officer notes created right at the scene. Violations of the Pennsylvania Vehicle Code—including speeding, texting while driving, failing to yield, tailgating, or improper lane changes—help determine responsibility, especially at high-traffic areas like Tilghman Street, Route 22, Airport Road, and Route 309. Statements from drivers and witnesses, combined with video footage, damage patterns, and dashcam footage, help reveal the sequence of events and each driver’s behavior.

Key Evidence Used to Establish or Challenge Fault in Lehigh Valley Car Crashes

Strong evidence often determines whether an injured victim receives fair compensation or whether an insurer tries to shift more of the fault onto them. Because evidence can disappear quickly, early investigation becomes one of the most important parts of building a solid claim. Photos, video recordings, vehicle data, and expert analysis work together to form a clear and compelling picture of what happened.

Investigating and Preserving Critical Evidence

Photographs of the vehicles, skid marks, debris fields, and weather conditions help establish how the crash occurred and whether the driver reacted properly or inadequately. Surveillance video from nearby stores, gas stations, commercial buildings, or city-owned traffic cameras can capture crucial moments right before the collision. Specialists may analyze event data recorders, cellphone records, medical reports, and reconstruction findings to understand braking patterns, speed changes, stopping distances, and the injury timeline.

How Our Firm Challenges Unfair Fault Assignments

Insurance companies often seek to assign a larger share of fault to victims because Pennsylvania’s system allows them to reduce payouts by shifting blame. Our firm reviews inconsistencies in the other driver’s explanation, identifies errors or omissions in the police report, and analyzes whether poor signage, dangerous intersections, or roadway hazards contributed to the crash. We work with medical experts, reconstruction engineers, and vocational specialists to support your version of events, negotiate assertively with insurers, and prepare for litigation when fair responsibility is not assigned.

Conclusion 

Fault determinations in a Lehigh Valley car accident are rarely straightforward, particularly when insurance companies use Pennsylvania’s comparative negligence system to justify reducing the value of a claim. Understanding how fault percentages are assigned and knowing which evidence carries the most weight gives injured drivers the clarity needed to protect their rights and pursue fair compensation. 

With an experienced car accident lawyer in Allentown building a detailed case, challenging unfair allegations, and advocating forcefully at every stage, Lehigh Valley Medical Malpractice Lawyers helps local accident victims hold negligent drivers accountable and ensures that fault is determined based on facts—not assumptions or pressure from insurance companies.