Posted on July 26, 2013 in Personal Injury
After a car accident, you may have trouble remembering what happened in the moments before the crash. You may even be concerned that something you did may possibly have played a role in causing the accident. However, even if you were partially at fault in a car accident, you can still recover damages in New York.
New York comparative negligence
New York follows the comparative negligence principle in personal injury cases. Comparative negligence means that if more than one person was at fault in an accident, liability for the accident is divided by each person’s share of fault.
For example, imagine a car and a truck are in an accident where the car driver does not signal and the truck driver runs a stop sign. Both motorists are a fault. If the car driver sues, a jury will hear the case and allocate liability by percentage between the parties. Suppose the jury finds that the truck driver was 70% at fault for the accident and the car driver was 30% at fault. This means that the car driver can still recover for 70% of her injuries, although she was partially at fault.
You can still recover for damages suffered in a car accident case even if you were mostly at fault, or more at fault than any other defendant. However, the recovery will be less if you are found to have some responsibility for the accident. For this reason, defendants in car accidents may assert comparative negligence as a partial defense. In these cases, an experienced Bronx car accident attorney can help you prove your side of the story and prevent your recovery from being diminished.
Call a trusted car accident attorney
Trying a car accident case takes knowledge, but it also takes care and individualized attention. Jason Shapiro, founder of Shapiro Law Offices, PLLC is an Ivy League-educated trial attorney who gives every case the focused care it deserves. Call our office for a free consultation to discuss your car accident case.
Shapiro Law Offices, PLLC
3205 Grand Concourse, Suite 1 Bronx, NY 10468
718.295.7000In New York, even if you were partially at fault in a car accident you can still recover damages. This is because New York follows the comparative negligence principle in personal injury cases. Comparative negligence means that if more than one person was at fault in an accident, liability is divided based on each person’s share of fault. The Shapiro Law Offices, PLLC, is a Bronx personal injury law firm with extensive experience handling car accident cases, including those involving compa