New York operates under a modified comparative negligence system.
- Anyone who contributes to an accident can be financially responsible for resulting damages, and
- You can recover money for crash-related injuries as long as you’re not entirely to blame.
Someone else just has to share some of the responsibility for the collision – even just one percent. When you play a role in an accident, your damages are reduced in direct proportion to degree of fault. So, if you’re allocated 30 percent of the blame, your damages are reduced by 30 percent.
Other parties and insurance companies will undoubtedly attempt to shift as much of the blame for the accident to you as they can. If you don’t fight back, those efforts will hurt your ability to get the money you deserve.
If you are involved in a car accident in New York and you are partially responsible for the accident, you may still be able to recover compensation for your injuries and damages. New York is a comparative fault state, which means that you can still recover damages as long as you are not 100% at fault for the accident.
Under New York law, your recovery will be reduced by your percentage of fault. For example, if you were found to be 30% at fault for the accident and your damages were $100,000, your recovery would be reduced by 30% to $70,000. However, if you were found to be more than 50% at fault for the accident, you will not be able to recover any damages.
It is important to note that determining fault in a car accident can be complex and may require the assistance of an experienced car accident attorney. Insurance companies may try to shift blame onto you to reduce their liability, which is why having an attorney on your side can be critical.
To recover compensation for a car accident in New York, you will need to prove that the other driver was negligent and that their negligence caused the accident and your injuries. Negligence can include actions such as speeding, running a red light, or failing to yield the right of way.
If you are partially at fault for the accident, it is still important to gather evidence and document your injuries and damages. This can include taking photos of the accident scene, getting witness statements, and keeping track of your medical expenses and lost wages.
In summary, if you are partially at fault for a car accident in New York, you may still be able to recover compensation for your injuries and damages. However, your recovery will be reduced by your percentage of fault, and proving negligence can be complex. It is important to speak with an experienced car accident attorney to protect your rights and maximize your recovery.
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