Even if you partly contributed to your accident, you are allowed to recover compensation if you were injured.
Accident attorney explains shared fault in traffic collisions
Brooklyn, NY- Drivers must multitask behind the wheel, so mistakes are bound to happen, and crashes occur. In some instances, the drivers of both vehicles are to blame for an accident or the severity of their injuries, which means liability could become an issue. This article will discuss how you victim can recover compensation for their injuries if they share some of the blame.
The issue of liability will come up early in the beginning stages of a collision claim. If you take any blame for a crash, you are not excluded from recovering compensation, but the amount you recover will be reduced under the state’s shared fault laws.
When responsibility for an accident is share, New York uses what is referred to pure comparative negligence rule. Under the law, each party involved, whether it is a car crash or commercial truck accident, is assigned a percentage of the liability for a collision depending on their actions.
When liability for an accident is not clear, New York law uses a comparative negligence standard.
For example, a pedestrian is crossing a city street in the middle of a block and is hit by an auto. When it comes to pedestrian accidents, the great duty of care falls on the motorist, so most of the liability will fall on their shoulders. Since the pedestrian was jaywalking, which is a traffic violation, it can be successfully argued that they are partly to blame for their injuries. In such a case, the pedestrian could be assigned something like 10 percent of the liability which would then be deducted from the final settlement amount.
Under that standard, each motorist is assigned a percentage of liability depending on their actions. For example, you are hit by another driver as you were making a right turn because you failed to use you turn signal.
The motorist who hits you is more to blame because they were following too closely and didn’t, but because you didn’t warn the other motorist that you were making a turn, you must assume a small fraction of liability. Using this scenario, you could be considered 10 to 15 percent liable for a crash, which means the final settlement amount you receive will be deducted from the final settlement amount. So, instead of getting 100 percent of the final settlement, you will receive 90 to 85 percent.
Auto insurers and comparative negligence
Even if you decide not to take your claim to civil court, the issue of shared fault will arise during insurance settlement negotiations. Their goal is to minimize their liability and without someone experienced on your side, you could take more the blame than you should and receive less compensation than you deserve. That is why USAttorneys recommends you speak with an accident lawyer in Brooklyn, New York before you speaking with an insurer or agreeing to a settlement.