When you are involved in a car accident, the aftermath can feel overwhelming. Beyond the physical injuries, there are medical bills, lost wages, and the stress of dealing with insurance companies. If you are pursuing compensation for your injuries, one crucial factor that could impact your claim is something called “comparative fault.”
In New York, understanding how comparative fault in car accidents works is essential. It can mean the difference between receiving the compensation you need or walking away with much less than you deserve. That’s why working with an experienced NYC car accident attorney is so important — they can guide you through this complex system and protect your rights.
What is Comparative Fault?
Comparative fault is a legal concept that comes into play when more than one party shares responsibility for an accident. In simple terms, if you were partly to blame for the crash that caused your injuries, the amount of money you can recover will be reduced based on your share of the fault.
For example, if you were found to be 30% at fault because you were speeding when another driver ran a red light and hit you, your total compensation would be reduced by that 30%. So if your total damages were $100,000, you would only be able to collect $70,000.
New York follows what is known as a “pure comparative fault” rule. This means that even if you are found to be more at fault than the other driver — say, 80% — you can still recover damages. However, your recovery would be reduced by your percentage of fault. In this case, you would only be entitled to 20% of your total damages.
How Comparative Fault is Determined
Figuring out who is at fault, and by how much, is not always straightforward. Insurance companies and courts look at all the evidence from the accident. They examine things like police reports, witness statements, photographs from the scene, and sometimes even expert testimony.
Because insurance companies are motivated to pay as little as possible, they often try to argue that you share a larger percentage of the blame than you actually do. They may suggest, for instance, that you weren’t paying attention, failed to use your turn signal, or were speeding. That’s why having a skilled car injury lawyer on your side is critical. An experienced attorney can build a strong case on your behalf, gather the necessary evidence, and push back against unfair blame.
How Comparative Fault Affects Your Compensation
Let’s say you suffer a serious injury in a crash, such as a broken leg or a traumatic brain injury. Your damages might include medical bills, physical therapy, lost income, and even compensation for your pain and suffering. If you are found partially at fault, every dollar you are awarded will be adjusted according to your percentage of fault.
For many accident victims, this can have a serious impact on their financial recovery. It can also make settlement negotiations more complicated. Insurance companies often offer lower settlements if they believe they can argue comparative fault. This is where a knowledgeable NYC car accident attorney becomes invaluable. They can negotiate aggressively on your behalf and ensure that any settlement offer takes into account the full extent of your injuries and minimizes any reduction based on comparative fault.
Why Hiring a Car Injury Lawyer is Essential
Trying to handle a car accident claim on your own, especially when issues of comparative fault arise, is risky. Insurance companies have teams of adjusters and lawyers whose job is to protect their bottom line. Without strong legal representation, you may unknowingly say or do something that hurts your claim.
A seasoned car injury lawyer understands the tactics insurers use and knows how to counter them. They can accurately value your case, gather strong evidence, consult with accident reconstruction experts if needed, and advocate fiercely for your best interests. Most importantly, they can make sure that the percentage of fault assigned to you is fair — not inflated by an insurance company looking to save money.
About the Firm
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law. across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. To learn more about our firm or schedule a consultation with an attorney, contact us today.