Who is at Fault? Comparative Negligence in New York Car Accidents
Car accidents in New York often raise an important question after the initial shock wears off who was at fault. In many situations, responsibility for a crash is not entirely one sided. Multiple drivers may share some level of blame for what happened. This is where the concept of comparative negligence becomes important. At Jaroslawicz & Jaros, PLLC, many accident victims seek guidance in understanding how fault is determined and how it can affect their ability to recover compensation after a collision.
What Does Comparative Negligence Means in New York?
New York follows a legal principle known as pure comparative negligence. Under this rule, an injured person may still recover compensation even if they were partially responsible for the accident. However, the amount of compensation they receive can be reduced based on their percentage of fault.
For example, if a driver is found to be 20 percent responsible for a crash and the total damages are $100,000, that driver could still recover $80,000. The remaining portion would be reduced to reflect their share of responsibility. This system is designed to ensure that injured individuals are not completely barred from recovering damages simply because they made a mistake or contributed in some way to the incident.
Comparative negligence often plays a significant role in personal injury claims, particularly when both drivers involved in the accident argue that the other was responsible.
How Fault Is Determined After a Crash
Determining fault in a car accident requires a careful examination of the evidence. Insurance companies, attorneys, and sometimes the courts evaluate several factors to understand how the collision occurred.
Police reports are often one of the first sources of information reviewed. Officers at the scene typically document statements from drivers, witnesses, and observations about road conditions or traffic violations. Photographs of vehicle damage, skid marks, and the accident scene can also provide important clues.
Witness statements may help clarify what occurred in the moments leading up to the crash. In some cases, traffic camera footage or nearby surveillance cameras may also capture the incident. Accident reconstruction experts may be consulted in more serious cases to analyze the physical evidence and provide insight into how the collision happened.
All of this information helps establish how responsibility should be divided between the parties involved.
Examples of Shared Fault in Car Accidents
Many car accidents involve circumstances where both drivers may have contributed to the collision. For instance, one driver may have been speeding while another failed to yield at an intersection. In another situation, a driver might have been distracted while the other made an improper lane change.
Rear end collisions can also involve shared fault. While the driver who strikes the vehicle ahead is often presumed to be responsible, there may be situations where the front driver stopped suddenly without reason or had malfunctioning brake lights.
Because these cases are rarely simple, determining the exact percentage of fault can become a key issue during negotiations with insurance companies or at a trial where these questions will be decided by a jury.
How Does Comparative Negligence Affect Settlements?
The percentage of fault assigned to each party can significantly influence the final settlement in a car accident claim. Insurance companies often attempt to argue that an injured person bears a higher level of responsibility in order to reduce the amount they must pay.
This is why strong evidence and careful legal analysis are important when pursuing a claim. An attorney can help gather documentation, review accident reports, and challenge unfair fault assessments that may reduce a victim’s compensation. If the insurance company does not offer a fair settlement offer then your attorney needs to be ready for trial. In most case it is only after the insurance company sees that your attorney is ready and prepared to proceed to trail that a fair settlement offer is forthcoming. That is why the lawyers and law firms that try to settle their cases early and with proper investigation and preparedness do not get “fair” settlement offers.
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Our Brooklyn Car Accident Injury Attorneys help our clients receive guidance and support when navigating issues after a crash. Understanding how comparative negligence works can make a meaningful difference when seeking compensation for injuries, lost wages, and other damages. Jaroslawicz & Jaros, PLLC proudly serves clients throughout New York City, Long Island, and even upstate New York, and helps individuals pursue the recovery they deserve after a serious accident.
Source:
nysenate.gov/legislation/laws/CVP/1411