After an accident, many people worry that being partially responsible means they cannot recover compensation. However, in New York, that is often not true. New York follows a comparative negligence system, which allows injured individuals to recover damages even if they share some blame. If you’re wondering what may happen if you were partly at fault for an accident, it’s important to understand your legal rights and options. Read on and work with a knowledgeable New York injury lawyer for skilled assistance today.
What Does “Partly At Fault” Mean in an Accident Case?
In an accident case, being “partly at fault” means that your actions contributed to causing the accident, but you were not the only cause. This concept is typically expressed as a specific percentage of fault, such as 10%, 30%, or 50%. Other individuals or entities could be assigned percentages of the blame as well.
This percentage is crucial because it directly affects the amount of compensation you can legally recover. Fault is often determined by reviewing evidence like police reports, witness statements, photographs, and accident reconstruction, with the final assessment made by insurance companies or a jury.
What is Comparative Negligence?
New York operates under a pure comparative negligence system. This allows an injured person to recover damages from the party at fault, even if the injured person also contributed to the accident. Unlike some states that bar recovery if the injured person is 50% or more at fault, New York allows recovery regardless of the percentage of fault assigned to the claimant.
However, the total damages awarded are reduced proportionally by the individual’s degree of fault. For example, if a jury awards $100,000 in damages but finds the injured party 20% at fault, the recoverable amount will be reduced by 20%, resulting in a net award of $80,000. This ensures fairness by holding all negligent parties accountable for their share of the harm caused.
What Happens if I Was Partly At Fault for an Accident in NY?
As established based on New York’s pure comparative negligence rules, if you are found partly at fault for an accident, you can still pursue a claim for compensation. Being partially responsible does not prevent you from filing a claim, and you still have the right to seek compensation. Fault reduces the damages you are entitled to, not your eligibility to take legal action.
You should consult with a lawyer who can analyze the facts of your case and gather the necessary evidence to minimize your assigned percentage of fault and maximize your net recovery. It is crucial that you understand your legal rights and options, as well as secure the help of an experienced legal professional. Contact Mitchell J. Schroeder, P.C. for more information today.
