What If I Was Partially At Fault For The Accident?

In most cases, only one driver may be at fault for the accident. However, some crashes may involve multiple at-fault parties. Navigating the legal complexities in car accident cases involving shared liability can be challenging.

When hiring a New York City Accident Lawyer, assess their experience, track record, and reputation to receive the best possible legal representation. 

Partially at-fault drivers can still receive compensation in New York. 

Accidents sometimes involve more than one at-fault driver. In such collisions, it may take investigators, insurance adjusters, and law enforcement officers a while to investigate the crash to assign fault and liability.

For example, if a car making a left turn (Car One) rams into a car with the right of way coming from the opposite direction (Car Two), Car One’s driver will be at fault. If, in the same incident, a car behind Car Two (Car Three) was speeding and crashed into Car Two, Car Three’s driver would also be at fault. 

Partial Fault In New York Car Accidents

Partial fault in a car accident not only reduces the compensation you can recover but may also impact your insurance coverage. 

Your insurance premiums may rise because insurance companies will deem you a risk to insure. You may face higher deductibles, coverage limitations, or even refusal of coverage.

Even a small degree or percentage of fault could impact rates. 

Partial fault for a car accident may attract citations, fines, penalties, or lawsuits, especially if the other party suffers significant injuries or property damage. 

Various factors can play a vital role in determining partial fault, such as:

• Evidence 
• Witness statements
• Photos or videos of the accident or accident scene
• Statements from all at-fault parties
• Medical reports
•  Police officer opinion in the Police report

New York Is A Pure Comparative Negligence State

New York operates under a pure comparative negligence system, which means that an injury victim can still recover compensation even if they are partially at fault for the incident. The victim’s percentage of fault will determine the compensation they receive. 

Comparative negligence is a legal concept that helps determine the degree of responsibility each party holds in an accident. The courts evaluate the actions of each party and assign a percentage of fault to each party. 

An Individual in New York may collect damages even if the courts determine they were ninety-nine percent at fault. However, the courts will reduce any settlement or verdict amounts by the percentage of fault the individual assumes. 

For example, if you are forty percent at fault and the other party is sixty percent at fault, you can still recover up to sixty percent of your damages. 

New York City Car Accident Lawyers Adhering To The Highest Standards of Professionalism, Client Service, And Hard Work 

A big concern after a car accident is determining who was at fault. Liability is critical in a personal injury case, as it decides who should pay for damages and compensation. 

A car accident lawyer at Omni Injury And Accident Law, P.C. can help you determine liability and negotiate a settlement with the insurance company. If your accident case goes to court, a judge will determine and assign fault. Defendants use comparative negligence as a defence to reduce their fault in accident cases.

If you or a loved one have suffered injuries in a car accident anywhere in New York, it is essential to consult with a knowledgeable car accident attorney.

Contact a Lawyer at our law firm to protect your rights and safeguard your future by securing the compensation you deserve.