Were you recently injured in an accident that you think might have been partially your fault? If so, you’re probably wondering how that might affect your ability to pursue compensation from other at-fault parties.
The good news is that the NY comparative negligence law will not prevent you from recovering compensation unless you were mostly at fault for what happened. Unfortunately, it can reduce the amount of money you actually take home.
The experienced attorneys at Dalmata, Maloy, & Burke, LLP are here to help you understand comparative fault and how it can affect your car accident claim in New York.
What Is Comparative Negligence?
Comparative negligence is a rule used to account for an injured person’s contribution to the accident that harmed them. Essentially, the system holds at-fault parties accountable only for the percentage of fault they bear for the victim’s injuries.
Pure Comparative Negligence vs. Modified Comparative Negligence
Comparative negligence systems generally come in two different types:
- Modified – When it comes to car accident claims, New York follows a modified comparative negligence model. This places a cap on how much fault an injury victim can bear while still being allowed to recover compensation. Typically, the rule says the victim cannot be more at fault for the crash than the other driver.
- Pure – Other states follow a pure comparative negligence rule, which means that an injured person can recover damages no matter how great their share of the blame. Someone found 99 percent at fault can still secure an award equal to 1 percent of their losses.
How Comparative Negligence Impacts Car Accident Claims in New York
Comparative negligence impacts car accident claims in New York by potentially reducing your compensation according to the percentage of fault you bear for a claim. The law can also threaten your financial recovery entirely if you are found mostly to blame.
Here’s a hypothetical example to explain how it works:
- George turns right on a red light and hits Pete, who’s crossing the street outside of a designated crosswalk.
- Pete is severely injured, and his losses equal $100,000.
- George is found 80 percent at fault for the crash, compared to Pete’s 20 percent.
- George is only responsible for 80 percent of Pete’s losses, so Pete is owed $80,000.
- Alternatively, if Pete were found 51 percent at fault, he could not recover any compensation from George.
Key Factors That Influence Fault Determinations
Fault is based on whose actions contributed to an accident. Establishing what happened and who is responsible may involve evidence such as:
- Pictures and videos – Visual evidence can show how a collision occurred, the condition of the scene, and what each vehicle was doing just before impact.
- Witness statements – Testimony from people who saw the incident can provide independent accounts of what happened.
- Accident reports – The official police report contains key details about the crash scene, recorded when evidence was still fresh, and may include an officer’s initial determination of fault.
- Electronic and digital evidence – Text messages and phone records can establish that someone was distracted at the time of the accident.
- Physical evidence – Impact points, debris fields, and skid marks can help establish the events of the collision or whether a hazard existed.
Many cases also involve testimony by accident reconstruction experts who can analyze evidence to re-create a likely chain of events. Both sides may call on these expert witnesses to help build their cases and support their versions of the incident.
Tips to Protect Your Claim and Maximize Your Case Value
Consider taking the following steps to protect yourself and your personal injury case after a car crash in New York:
- Do not say anything at the scene that could be construed as accepting fault. Even something as innocent or automatic as “I’m sorry” or “I just didn’t see you” could be used against you down the road.
- Get medical attention as soon as possible after the accident. Otherwise, a liable insurer may argue that your injuries are unrelated to the crash or not as severe as you say. Prompt treatment also protects your health.
- Create an evidence folder. Start by writing down your recollection of what happened while the details are still fresh in your memory. Include supporting documents like medical records, pay stubs, and anything you may have recovered at the scene.
- Be careful what you say to other people about the accident, especially insurance adjusters. Stay off social media, as defense teams will monitor this for evidence that you’re not as hurt as you claim to be.
- Contact an experienced personal injury attorney. We offer free consultations, during which we can review your case and answer your questions.
How a Car Accident Attorney Can Help You in Comparative Negligence Cases
Under New York’s modified comparative negligence rule, every percentage point of fault can reduce the compensation you recover accordingly – or ruin your claim entirely. To help you seek a full financial recovery, our experienced car accident lawyers can:
- Advise you on what to do to protect your rights and mitigate your level of fault
- Conduct a thorough investigation into the crash to recover key evidence of the other side’s responsibility
- Communicate with insurance companies to protect you from their attempts to shift blame onto you
- Work with accident reconstruction professionals and other experts to support your case
- Fight to convincingly minimize your share of fault and maximize your compensation
- Prepare your car accident case for trial to strengthen your position during settlement negotiations
Contact Dalmata, Maloy, & Burke, LLP for a Free Consultation
If you were hurt in a car crash in the Schenectady area and the other side is trying to pin the blame on you, turn to DMB Legal right away.
Our skilled team has over 30 years of combined legal experience and has recovered millions of dollars on behalf of New York’s injured. We’ve earned our reputation for trustworthiness and determination at the negotiating table and in the courtroom.
As one client said about working with us:
“Thanks to Dan for coming through clutch and helping us resolve a dispute we’ve been dealing with for quite some time. He was friendly, educational, responsive, and quick to take action when needed. Highly recommend!” – Michael S.
Contact us now for your free consultation to learn more about how to protect your claim under New York’s comparative negligence law.
