Car accidents can be overwhelming, and questions about who is at fault can complicate the situation further. If you believe you’re partially responsible for an accident, you might wonder how that affects your ability to recover compensation. In New York, the law allows drivers to seek compensation even if they share the blame, but there may be limitations and rules to understand. This is known as a “partial fault car accident,” and the laws governing these situations can significantly impact your case.
At Lambrou Law, we are committed to ensuring that you understand your legal rights and options. Keep reading to learn more from our skilled New York car accident lawyers, then call (212) 285-2100 to schedule a free consultation.
Understanding New York’s comparative negligence law
New York follows a comparative negligence rule. This means that even if you are partially responsible for a car accident, you can still recover compensation. However, your compensation will be reduced by the percentage of fault assigned to you.
For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. So, if your damages total $1,000,000, you would still receive $800,000 after the fault adjustment. This system allows accident victims to recover damages even if they share some responsibility for the crash.
How is fault determined in a partial fault car accident?
Determining fault, in a partial fault car accident, involves analyzing the crash’s circumstances and identifying each party actions. Insurance companies, law enforcement, and possibly the courts will assess evidence such as:
- Police reports
- Witness statements
- Photographs and video footage from the scene
- Testimonies from experts (such as accident reconstruction specialists)
Once all the evidence is gathered, each party’s level of responsibility is determined, typically as a percentage. This percentage will affect the amount of compensation you may be entitled to.
How New York’s partial fault rule impacts compensation
New York’s comparative negligence rule allows you to recover compensation even if you are at fault, but your total recovery will be adjusted according to your share of the blame. This applies to compensation for:
- Medical expenses – Including hospital bills, surgeries, rehabilitation, and future medical care related to the accident.
- Lost wages – If the accident caused you to miss work or reduced your ability to earn an income in the future.
- Property damage – Compensation for the cost to repair or replace your vehicle.
- Pain and suffering – Non-economic damages for the emotional and physical toll the accident has had on your life.
For instance, if you’re awarded $500,000 for medical expenses and lost wages, but are found 30% at fault, your award would be reduced by 30%, leaving you with $350,000. While this may seem discouraging, it’s important to note that under New York’s system, you are still able to recover a portion of your losses, even with being partially at fault.
Fighting for fair fault allocation
Insurance companies often try to assign a larger percentage of fault to plaintiff’s so that they can reduce the amount they must pay. This can significantly impact the compensation you receive in a partial fault car accident. At Lambrou Law, we understand these tactics and are experienced in challenging unfair fault allocations by insurance companies.
Our attorneys will thoroughly investigate your case to ensure that all evidence supports your claim and you receive a fair distribution of fault. By carefully examining the details of your accident, we work to limit your assigned percentage of blame and maximize your compensation.
What if the other driver is primarily at fault?
Even if you are found partially responsible, the other driver’s degree of fault can still entitle you to substantial compensation. New York’s comparative negligence law allows for claims to be filed against the party who bears the greater portion of the blame. For instance, if the other driver is 80% responsible for the accident, you can still recover 80% of your total damages. 80% can be hundreds of thousands of dollars!
How Lambrou Law can help in a partial fault car accident
Facing the aftermath of a partial fault car accident can feel overwhelming, especially when dealing with insurance companies eager to minimize payouts and try to blame you for the car accident. At Lambrou Law, we provide experienced legal guidance to protect your rights, and you receive fair compensation, even if you are partially to blame.
Our attorneys will fight vigorously and:
- Investigate the accident – We will gather evidence, may work with accident reconstruction experts, or other experts and build a strong case to challenge any fault assigned to you.
- Negotiate with insurance companies – We know the tactics insurers use and will fight to ensure they don’t unfairly reduce your compensation based on partial fault.
- Advocate in court, if necessary – If a fair settlement can’t be reached through negotiations, we are prepared to take your case to court and argue for a just outcome and even go to trial if necessary to get you the justice you deserve.
Why it’s important to act quickly
New York’s statute of limitations for filing a personal injury claim is generally three years from the accident date. You must act quickly to preserve evidence and ensure you file within the legal timeframe is critical. The sooner you consult with an experienced partial fault car accident attorney, the greater your chances of securing fair compensation for your losses.
Protect your rights with Lambrou Law
If you’re involved in a partial fault car accident, you still have the right to pursue compensation for your injuries and losses. Understanding how New York’s comparative negligence laws apply to your case is crucial, and having a knowledgeable attorney by your side can be the difference between getting fair and reasonable compensation and losing.
At Lambrou Law, we’re committed to providing professional, empathetic representation to help you navigate the complexities of partial fault cases. Contact us today for a free consultation, and let us fight to protect your rights and secure the compensation you deserve.
