What Happens if You Are Partially at Fault for Your Car Accident in New York?

Car Accident Lawyer Brooklyn NY Representing People Who Are Injured In Auto Accidents in New York

Like many things in life, when it comes to figuring out who’s at fault in a car accident, the issue isn’t always black and white. Sometimes, more than one driver might be at fault. When that’s the case, drivers want to know if they can still recover for their injuries if they were partially at fault(“Can You Sue If Partially At Fault For The Auto Accident?“).

There’s good news: In New York, you can rest assured that being partially at fault for a car accident won’t always prevent you from being able to recover for the harm you suffered.

In cases of partial fault, New York state uses a theory called comparative negligence. The key to this theory is determining the percentage each party is at fault and apportioning the damages¹ respectively.

What Does Comparative Negligence Look Like?

Here’s an example: Suppose Jennifer ran a stop sign and was hit by Denise, who was driving a few miles an hour above the speed limit. The Court decided that Jennifer was 75 percent at fault for running the stop sign and that Denise was 25 percent at fault for speeding. The driver who was 25 percent at fault may recover for the value of 25 percent of her damages, while the other driver may recover for 75 of her damages.

Here’s another example: Suppose Alex was driving at dusk with his headlights off. Ryan was texting while driving and veered over the double yellow line. A judge may find that Alex was 20 percent responsible for the accident, while Ryan was 80 percent at fault.

What if the Fault is 50-50?

But what if the drivers in an accident are equally at fault? In New York state, the same comparative fault rule applies even if the blame is 50-50. In a case like this, you may recover up to 50 percent of the damages you sustained from the car accident.

What about My Liability?

In cases in which both drivers are at fault, the bad news is that the other driver may try to recover from you, and depending on the severity of the car accident, paying for the damages could be costly. In cases of comparative negligence, an experienced Car Accident Lawyer can help you prove that you deserve recovery and avoid liability.

Car Accident Lawyer Can Help You Recover Compensation

Contact the Car Accident Lawyer Brooklyn NY at The Rybak Firm, PLLC today if you’ve been in a car accident that caused an injury. Call us at (718)307-5554, and we will be glad to talk to you about your accident and how we can help.

¹http://scholarship.law.umt.edu/cgi/viewcontent.cgi?article=1126&context=faculty_lawreviews

 

Car Accident Lawyer Near Me

Our offices are located in Brooklyn, NY.  Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Car Accident Lawyer will travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.

Our office address is:

1810 Voorhies Ave

Suite #7

Brooklyn, NY 11235