When involved in an accident, determining fault is a critical factor in pursuing compensation for damages. In New York, the legal landscape surrounding personal injury claims can be complex, especially when both parties share some responsibility for the accident. A common concern for anyone who was in an accident, is whether they can still recover damages if they were partially at fault. The short answer is yes, but understanding how the law works in this context is essential.

Understanding New York's Comparative Negligence Law

New York operates under a legal doctrine known as pure comparative negligence. This rule permits an injured person to claim damages even if they bear some responsibility for the accident. However, the amount of compensation they receive is reduced by their share of fault.

For example, if a court finds that you were 30% responsible for an accident and awards $100,000 in damages, you would receive $70,000. The remaining 30% would be deducted to account for your share of the fault.

Key points of New York's pure comparative negligence law:

• You can recover damages even if you are 99% at fault.
• Your compensation is reduced by your percentage of fault.
• Each party's degree of fault is determined by the court based on the evidence presented.

Factors That Determine Fault in an Accident

Determining fault in an accident involves analyzing various factors, including but not limited to:

• Traffic laws: Violations such as speeding, running a red light, or failure to yield are common indicators of fault.
• Eyewitness testimony: Statements from witnesses can provide crucial insights into how the accident occurred.
• Police reports: Law enforcement at the scene will often compile a report that includes their observations and opinions on who was at fault.
• Accident reconstruction experts: In some cases, experts may be brought in to reconstruct the accident and determine fault.

These factors help establish the percentage of fault for each party involved in the accident.

Common Scenarios of Shared Fault

Several scenarios can result in shared fault between parties in an accident. Understanding these can provide clarity on how comparative negligence might apply in your case:

• Rear-end collisions: If a driver suddenly stops without warning and is rear-ended, both parties may share fault—one for the sudden stop and the other for following too closely.
• Pedestrian accidents: A pedestrian who jaywalks or crosses against a signal may share fault if they are struck by a vehicle.
• Left-turn accidents: If a driver making a left turn is hit by an oncoming vehicle, fault may be shared if the oncoming driver was speeding or ran a red light.

Strategies to Minimize Your Percentage of Fault

To increase your potential compensation, it is important to minimize the percentage of fault assigned to you. Here are some strategies that can help:

• Gather evidence: Collect photographs, video footage, and any other evidence that supports your account of the accident.
• Seek medical attention: Immediate medical evaluation can document your injuries and establish a clear timeline.
• Consult with an attorney: A skilled personal injury attorney will help gather evidence, interview witnesses, and build a strong case to minimize your fault.
• Avoid admitting fault: Be aware about making statements that could be construed as admitting fault, especially at the scene or when speaking to insurance adjusters.

Impact of Comparative Negligence on Settlements

Insurance companies in New York are well-versed in the state’s comparative negligence laws and often use them to minimize payouts. They may attempt to assign a higher percentage of fault to the victim to reduce the compensation amount. This is why having a knowledgeable attorney is crucial; they can negotiate with insurers and ensure a fair settlement.

Statistics on Comparative Negligence in New York

• The New York State Department of Motor Vehicles states that there were over 300,000 motor vehicle accidents in New York in 2022, with a significant percentage involving shared fault.
• Studies indicate that settlements in cases involving comparative negligence are typically 20-30% lower than in cases where one party is entirely at fault.

What to Do If You Are Partially at Fault

If you believe you were partially at fault in an accident, it’s important to take specific steps:

1. Contact an attorney: Legal advice is essential in knowing and understanding your rights. As well as navigating the complexities of comparative negligence.
2. Document the accident: Take photos, gather witness information, and log your memory of events while they are fresh in your mind.
3. Communicate carefully: Be mindful of your words when talking to insurance adjusters or other parties involved in the accident.
4. Focus on recovery: Follow medical advice and keep records of treatments related to your injuries.

Conclusion

If you are partially at fault in an accident, it can complicate the process of recovering damages, but it does not eliminate your ability to receive compensation. New York’s pure comparative negligence law is designed to ensure that even those who share some responsibility can still obtain justice. By understanding your rights, gathering solid evidence, and seeking professional legal assistance, you can navigate the legal system more effectively and maximize your potential recovery.

Call Brandon J. Broderick For Legal Help

Navigating New York car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.