One of the scariest events in a person's life is being in an automobile accident. When you find yourself in one, everyone involved attempts to figure out who was at-fault right away. However, many times, both parties are partially to blame for an accident. This leaves us with questions. Even if you are aware that you weren't to blame fully, how do you determine this? Can you seek compensation for your injuries or damages?

Those are legitimate questions. While we will do our best to explain these situations in New York car accidents, it's in your best interest to seek legal help if you have further questions. A qualified New York car accident lawyer can assist in answering questions you don't understand and set up your case for success.

What is "Shared Fault" In New York, and Why is it Important?

In New York personal injury and car accident claims, they follow the "pure" comparative negligence rule to determine who is at fault. This means that you may share some liability for an accident but still be entitled to financial compensation for your injuries. This means if you were 95% at fault in an accident, you would be able to recover 5% of your damages.

Some states have adopted a rule called "contributory negligence", which means that you cannot be awarded damages in an accident claim if they are even 1% at fault. Most states have abandoned this law, in favor of the comparative negligence rule.

The percentage you are found at-fault in an accident determines the amount of your compensation. If there are $100,000 in total losses and you were found to have contributed 20% to the collision, then you would qualify to receive an award of $80,000 in damages.

How is Fault Determined?

Insurance adjusters and courts consider what both parties may have done to stop or avoid the accident when determining fault. So, your level of responsibility will increase if it appears that there was some way you might have avoided the accident.

Consider the scenario: You were waiting at the stoplight and started accelerating. A drunk driver approaches the intersection and sees your car getting ready to begin moving. Even though the intoxicated driver's negligence and level of fault is much higher, you can also be at-fault. If you could've done something to avoid being hurt or being involved in the accident, the more you will be determined to be at-fault.

Ways to Avoid Shared Fault

Although you have little control over how others drive on the road, if you get into an accident, you can minimize your shared fault. These are a few sure-fire strategies to reduce the likelihood of shared fault:

  • Following all traffic laws - It's hard to blame you for an accident if you are traveling under the speed limit, stop at all traffic lights, and obey all other traffic regulations.
  • Wearing a seatbelt prevents the other party from claiming that some of your injuries could have been avoided if you had been wearing a seatbelt during an accident.
  • Maintaining your vehicle - If your car has faulty brakes, a faulty head or tail light, or other mechanical issues, you may be partially at fault. This is a non-issue if your vehicle is in good condition.
  • Keep your attention on the road - Avoid texting or using a phone while driving. Try to stay away from other distractions like eating or fiddling with your GPS.

Your shared fault will be reduced if you take all reasonable precautions to drive safely and responsibly. This can result in a larger compensation from your claim.

New York Car Accident Lawyers Who Can Help

You should speak with a lawyer right away if you were hurt in an automobile accident that was brought on by another driver's negligence. Here at Brandon J. Broderick, Attorney a Law, we can assist you in seeking the compensation you are entitled to and in determining the degree of your fault. We can provide you with the support you need to present your case if there is any doubt as to who is accountable. While you concentrate on getting better, let us handle the specifics and filing of your claim.
To retain our experienced car accident attorneys, call us now for a free consultation. Our legal staff is ready to provide you with the support you require.


Posted by: Brandon J. Bro…
Date: Thu, 09/15/2022 - 20:51

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