How Comparative Negligence Can Affect Your New York Car Accident Claim
While some car accidents have a single cause, most result from more than one contributing factor. For example, one driver may have been speeding while the other failed to yield the right of way. Or perhaps the accident occurred partly due to a driver’s negligence and partly from a vehicle defect, for which the manufacturer was responsible. In such cases, the legal principle of comparative negligence comes into play. This legal doctrine impacts how much compensation you can recover as a plaintiff in a car accident claim if you were partially to blame for your accident.
Understanding Comparative Negligence
Comparative negligence is a legal principle that assigns blame in accidents when more than one party is liable. When more than one party is responsible for an accident, blame is divided among all parties based on their degree of fault. There are three main types of comparative negligence rules, which vary by state: pure comparative negligence, modified comparative negligence (50% bar rule), and modified comparative negligence (51% bar rule). New York is one of the states that follows the pure comparative negligence rule.
How Pure Comparative Negligence Works in New York Car Accident Cases
Pure comparative negligence is the most favorable of the three comparative negligence doctrines. Under this law, a car accident claimant can recover damages regardless of their degree of fault. In New York, you can still recover damages even if you are 99% at fault for your car accident.
However, according to New York Civil Practice Law and Rules Section 1411, while being partly responsible for your car accident cannot bar you from recovering compensation, if you are partially responsible, your compensation will be reduced by your percentage of fault. For instance, suppose your damages total $150,000, but you are found to be 40% at fault. In such a case, while you would still be eligible to recover compensation, you would only be eligible to recover $90,000 (60% of $150,000).
How Is Fault Determined in a New York Car Accident Case?
After a car accident, insurance adjusters will consider all available evidence, including police reports, witness statements, photos, and security camera footage, to determine if more than one party is responsible for the accident and, if so, each party’s degree of fault. For instance, suppose you were speeding through an intersection when the other driver ran a red light and hit you. In such a case, you and the driver would most likely be considered at fault and be assigned a percentage of fault.
Why Working With an Attorney Is Crucial
After filing a car accident claim, you can expect the defendant’s insurance company to argue that you were partially at fault to justify a lower settlement offer. That is why it is vital to work with a skilled car accident attorney who can protect your rights and ensure your percentage of fault is accurately determined (if you are partially at fault). An experienced attorney can help you gather evidence to challenge fault claims, ensure an accurate allocation of fault, and pursue full compensation.
Contact Us for Legal Help
If you’ve been injured in a car accident by a negligent party in New York, contact Jacobson Law to speak with a skilled Long Island car accident attorney. We serve clients in Suffolk and Nassau counties, across Long Island and NYC.
Source:
nysenate.gov/legislation/laws/CVP/1411
