Principal Attorney
Car accidents are stressful and often complex, especially when determining who is at fault. In New York, understanding the nuances of fault in car accidents is crucial for protecting your rights and ensuring you receive the compensation you deserve. If you were partially at fault for a car accident, you might wonder how this affects your ability to recover damages. Here’s what to know about comparative negligence in New York and how it impacts your car accident claim.
Understanding Comparative Negligence in New York
New York follows a legal doctrine known as “pure comparative negligence” in personal injury cases, including car accidents. This means that even if you are partially at fault for an accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 30% at fault for the accident, and the total damages amount to $100,000, your compensation will be reduced by 30%, resulting in a recovery of $70,000.
Determining Fault
Determining fault in a car accident involves examining the actions of all parties involved. Various factors, such as police reports, witness statements, traffic laws, and accident reconstruction, are considered to establish each party’s degree of fault. Insurance companies and, if necessary, the courts will use this information to assign a percentage of fault to each party.
Impact on Compensation
The percentage of fault assigned to you directly impacts the amount of compensation you can recover. Under New York’s pure comparative negligence system, you can recover damages even if you are found to be 99% at fault. However, the amount you receive will be proportionally reduced by your share of the fault.
Steps to Take if You Are Partially at Fault
1. Seek Medical Attention
Your health and safety are the top priority. Seek medical attention immediately, even if you believe your injuries are minor. Medical records will also be essential for your personal injury claim.
2. Gather Evidence
Collect as much evidence as possible from the accident scene. This includes taking photos, gathering contact information from witnesses, and obtaining a copy of the police report. Evidence will be crucial in determining fault and supporting your claim.
3. Report the Accident
Report the accident to your insurance company promptly. Provide accurate and detailed information, but be cautious about admitting fault. The determination of fault should be based on a thorough investigation.
4. Consult an Attorney
Navigating a car accident claim can be complicated, especially when partial fault is involved. Consulting an experienced New York car accident attorney can help you understand your rights, evaluate the evidence, and build a strong case to maximize your compensation.
An experienced car accident attorney can provide invaluable assistance if you are partially at fault for an accident. Your attorney will:
- Investigate the Accident: Conduct a thorough investigation to gather evidence, interview witnesses, and consult experts if necessary to establish the facts and accurately determine fault.
- Negotiate with Insurance Companies: Insurance companies often try to minimize payouts by attributing a higher percentage of fault to you. Your attorney will negotiate on your behalf to ensure a fair assessment of fault and maximize your compensation.
- Represent You in Court: If a fair settlement cannot be reached, your attorney will represent you in court, presenting a compelling case to achieve the best possible outcome.
Being partially at fault for a car accident in New York does not bar you from recovering damages. However, it does affect the amount of compensation you can receive. Understanding the principles of comparative negligence and taking the right steps after an accident can help protect your rights and ensure you receive fair compensation. If you were involved in a car accident and are concerned about partial fault, contact our experienced team of New York car accident attorneys. We are here to provide the guidance, support, and advocacy you need to navigate the complexities of your claim and secure the compensation you deserve.
The Attorneys at Civardi & Obiol Help Those in New York Who Have Been Injured in a Car Accident
If you were involved in a car accident and are concerned about partial fault, contact our experienced team of New York car accident attorneys. We are here to provide the guidance, support, and advocacy you need to navigate the complexities of your claim and secure the compensation you deserve.
At Civardi & Obiol, our qualified New York personal injury attorneys will help to walk you through the process every step of the way. We will fight for your rights. To learn more or schedule a free consultation, contact us today.