In most states, including New York, yes, you can sue if you are partially at fault for an accident. However, the compensation you receive will likely be reduced based on your percentage of fault.
Depending on the laws in your state, you may still have the right to pursue damages even if you contributed to the accident. The sooner you contact a Manhattan personal injury lawyer, the sooner you can start to understand your options and move forward with your case.
Understanding Comparative Negligence in New York
New York is one of the few states that follows a pure comparative negligence system. Under this rule, an injured party can recover damages no matter how much fault they bear, even up to 99%. However, your compensation is reduced in proportion to your degree of responsibility.
For example, if a driver is awarded $100,000 in damages and simultaneously found to be 30% at fault for a car crash, their award will be reduced by 30%. This leaves them with $70,000 in recoverable damages.
Meanwhile, if a pedestrian is deemed 80% at fault for darting into traffic but suffers injuries worth $500,000 in total, they can still recover 20% of that amount, which is $100,000. As a result, you are not fully barred from recovery simply because you played a role in the incident.
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How Fault is Determined
Determining fault in New York personal injury cases involves evaluating all available evidence. Courts and insurance adjusters will look at accident reports, eyewitness statements, video footage, professional testimonies, photographic evidence, and physical proof.
In some cases, accident reconstruction specialists are used to assess exactly how an incident occurred. These are the factors they typically consider:
- Whether traffic laws were violated by speeding or running a red light
- Whether one or more parties were distracted, impaired, or otherwise negligent
- Whether unsafe property conditions existed, such as icy sidewalks or broken railings
- Whether workplace safety rules were disregarded
Ultimately, the percentage of fault is decided either by a jury or through negotiations between the parties and insurance companies.
The Role of Insurance Companies
Insurance adjusters often attempt to assign higher percentages of fault to claimants in an effort to minimize their payouts. Since New York allows recovery even when the claimant is at fault, insurers may argue aggressively that the claimant’s share should be greater.
This can directly reduce the compensation you are owed. Thankfully, your Manhattan personal injury lawyers can lean on evidence to combat these inflated fault assessments. The negotiation process often revolves around these disputes over percentages of responsibility.
Statute of Limitations for Filing a Claim
In New York, the statute of limitations for personal injury lawsuits refers to the timeline that you must adhere to if you wish to seek justice and pursue compensation in your case.
The statute of limitations may differ depending on the outcome or the context of the situation:
- Three years from the date of the accident for nearly all personal injury claims
- Two years from the date of death for wrongful death claims
- Two years and six months for medical malpractice claims in many circumstances
Keep in mind that failing to file within these timeframes will typically bar you from recovering compensation altogether, regardless of your degree of fault. This is partly why it’s so important to contact a personal injury lawyer in Manhattan as soon as possible.
Why Pure Comparative Negligence Matters
New York’s adherence to pure comparative negligence matters because many other states impose limits on recovery. Some use modified comparative negligence, which bars recovery if the claimant is 50% or 51% or more at fault.
Others follow contributory negligence, which bars any recovery if the claimant bears even 1% of responsibility. By contrast, New York’s system makes sure injured individuals always have the opportunity to recover at least partial compensation.
This is true even in difficult cases where the victim’s share of responsibility is substantial. This reflects a public policy decision to protect injury victims from bearing the full financial burden of accidents when others contributed to the harm.
Call Our Personal Injury Law Firm in Manhattan ASAP to Learn More About Suing if You are Partially at Fault for an Accident
If you or someone you love has been injured in an accident where you may share some of the blame, you don’t have to immediately assume that you’re all out of options. Shared-fault cases can be complicated, but with the right legal guidance, you can still recover compensation.
It all starts with turning to Chaikin Trial Group Personal Injury Lawyers for help. Our Manhattan personal injury attorneys understand the ins and outs of comparative fault laws. We have 50 years of combined experience, and we’ve recovered $100 million for our clients.
With Chaikin Trial Group Injury Lawyers, you’ll come in as a client, leave as a friend. We’ll fight to protect your rights, pursue the maximum recovery possible, and make sure you don’t face the insurance companies on your own. Call us today to get started.
