Can you file a claim if you were partly at fault

Accidents rarely feel simple. Maybe a driver braked suddenly on Broad Street. Maybe a dog got off a leash near Pine Street. Maybe you slipped on a wet floor at a store on Wyoming Street but you were looking at your phone. If you share some blame, can you still file a claim? In Pennsylvania, often yes. And in Hazleton, a personal injury lawyer can help you understand how fault affects your rights and your recovery.

Pennsylvania’s modified comparative negligence rule, in plain language

Pennsylvania uses a 51 percent rule. You can recover money if your share of fault is 50 percent or less. If you are 51 percent or more at fault, you cannot recover.

If you can recover, your payment is reduced by your share of fault. Think of it like a pie cut by percentages. If a jury values your case at 100,000 dollars and decides you were 20 percent at fault, you can collect 80,000 dollars. The rule sounds simple, but real cases involve messy facts, insurance arguments, and medical questions. That is where clear evidence and strong advocacy matter.

How fault gets assigned in real Hazleton cases

Fault is not fixed at the scene. It shifts as evidence comes in. Police reports from accidents on Route 309 help, but they do not decide the case. So do photos from the damage on Church Street, store videos, skid marks, cell phone records, and witness accounts from neighbors who saw what happened. Insurers in Luzerne County weigh this material and try to push more fault onto an injured person. Their goal is to pay less. A local personal injury lawyer knows how to push back with facts that stick.

Common examples:

Rear-end crash on West 15th Street: The rear driver is often at fault, but the lead driver can share blame if brake lights did not work. You can still file a claim if your share stays at or below 50 percent. Slip and fall in a Hazleton grocery: The store may argue you should have seen the spill. You can still recover if the store had notice of the spill or left it long enough that staff should have cleaned it. Dog bite near Beech Street: Owners are responsible if they failed to control the dog. The insurer may argue you provoked the dog. Clear medical records and witness statements matter here.

What helps prove you were 50 percent or less at fault

Evidence is the difference between “maybe” and “yes.” Simple steps after an accident protect your claim.

Photos and video: Snap the scene, vehicles, skid marks, broken steps, spills, lighting, and weather. Capture details from several angles. Witness info: Get names and contact details. People move. Hazleton has a tight community, but numbers change. Police report or incident report: For crashes, call Hazleton City police. For a store injury, ask management for a written report and keep a copy. Medical records: Go to Lehigh Valley Hospital–Hazleton or your doctor the same day if possible. Delays let insurers say you were not hurt or that something else caused the pain. Your notes: Write what happened, pain levels, days missed from work, and daily limits. Memory fades fast.

Even small details can tip the percentage in your favor. A working brake light, a torn mat, or a wet floor without warning signs can shift the math below the 51 percent line.

What if you worry you were mostly at fault

Be honest with your lawyer. Many clients feel responsible, then evidence shows shared blame. A driver may have been speeding by Heights-Terrace. A store may have ignored a known leak in the dairy aisle. A landlord may have ignored icy steps on a Laurel Street rental. Personal injury cases live in the details, not in first impressions.

Insurance tactics to expect in Hazleton and across PA

Insurers use patterns that repeat:

They argue you were distracted. A phone record review may tell a different story. They say your injuries were pre-existing. Medical records can separate old pain from new harm. They claim the hazard was open and obvious. Lighting, glare, and angles can explain why you did not see it. They push a quick settlement before you know the full cost. Early money can be tempting, but it often leaves out future treatment and wage loss.

A personal injury lawyer can time your claim to include full medical care and wage data. And if needed, they can bring in experts familiar with crash dynamics, store safety, or building codes.

Money at stake, even with partial fault

Damages in a Hazleton personal injury case can include medical bills, therapy, medication, imaging, and specialist visits in Wilkes-Barre or Danville. They also include lost wages from local employers such as distribution centers and healthcare facilities, plus pain and suffering. Partial fault affects the total, but a reduced claim can still be significant once you add up months of care and lost work.

A brief example: A construction worker suffers a shoulder tear in a crash near the CAN DO Corporate Center. The jury values the case at 180,000 dollars. They assign 30 percent fault to the worker because he changed lanes without a full signal. He still recovers 126,000 dollars. That money pays for surgery, rehab, and some cushion while he heals.

Time limits that can cut off your claim

Pennsylvania’s statute of limitations is generally two years from the date of injury. Some claims have shorter notice rules, such as cases involving public entities. Evidence is easier to collect in the first weeks. Cameras overwrite footage. Snow melts. Witnesses forget. Quick action can protect the proof that keeps your fault below 51 percent.

How a local lawyer strengthens a partial-fault case

Working with a Hazleton personal injury lawyer helps in ways that are simple but impactful. They gather records from local clinics, secure surveillance from nearby businesses, and work with investigators who know the streets and traffic patterns. They present your story clearly to adjusters or a Luzerne County jury. They also explain each step so you know why decisions are made, workers compensation attorney from medical referrals to settlement ranges.

Clients often value clear answers to a few key questions:

What is my likely fault percentage, based on the evidence we have today? What records are missing that could move that number? What is the fair settlement range after accounting for fault? What are the risks of trial compared to settlement?

Straight answers help people make steady choices, even under stress.

What to do right now if you were partly at fault in Hazleton

If you have not seen a doctor, go today. Tell the doctor what hurts and when it started. Keep all follow-up appointments. Do not give a detailed recorded statement to the other driver’s insurer or the store’s adjuster before legal advice. Small phrasing choices can get twisted into larger fault claims. Save all bills, receipts, and photos in one folder.

Then speak with a local personal injury lawyer who serves Hazleton and nearby towns like West Hazleton, Sugarloaf, and Freeland. A short conversation can reveal if your share of fault still allows a strong claim. And if your case fits, the lawyer will manage the calls, the records, and the negotiation so you can focus on healing.

Why local experience matters for Hazleton residents

Road design, winter conditions, and local business practices all shape cases here. Black ice on North Church Street at dawn is different from a summer spill on tile in a Valley shopping aisle. Jurors understand local weather, hills, and traffic patterns. A lawyer who knows these details can explain why a person moved the way they did, and why a hazard was harder to see or avoid. That context can lower your assigned fault and protect your recovery.

Ready to talk about your rights

If an accident in Hazleton left you hurt and you think you share some blame, you may still have a valid claim under Pennsylvania’s 51 percent rule. A focused review of evidence can confirm where you stand and what your case may be worth after fault is applied. Reach out to a personal injury lawyer serving Hazleton, PA for a free case review. A call today can protect key proof and keep your options open.

This article provides general information and is not a substitute for legal advice; consult with experienced lawyers for personalized guidance Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.