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Not all car accidents in Garden City involve black and white scenarios where one person was completely at fault while the victim played zero role in terms of liability. In many cases, the victim is partially to blame due to something they did or failed to do in the moments leading up to the accident. The victim may naturally wonder whether this precludes the possibility of receiving monetary compensation.
Fortunately, the answer is no. However, being partially at fault will affect how much compensation the victim will walk away with once the settlement or the trial has ended. The Saul Law Firm, LLP takes a look at what you need to know.
The Doctrine of Comparative Negligence
Some car accident victims are partially at fault for their own injuries. For instance, one driver in Garden City is speeding and slams into another vehicle that was turning at an intersection. However, the driver of the second vehicle failed to use a turn signal.
The driver of the second vehicle (the victim) decides to sue, but the first driver argues that the victim did not use a turn signal. The good news for the victim is that if there is a legal determination that their fault was also a cause of the accident, it does not mean that they cannot collect compensation. But their relative degree or percentage of fault will affect the amount of monetary damages.
New York follows a pure comparative negligence rule, which means that a victim who is partially or even mostly at fault for an accident can still seek compensation. The court will determine the victim’s degree of fault by assigning a percentage, which will reduce the amount of damages the victim would otherwise receive. New York’s approach is in contrast to most states that follow a modified comparative negligence doctrine which cuts off money for a victim if they exceed 50% or 51% of the relative fault.
Using the above scenario, suppose that the court decides the victim was 40% at fault for failing to use a turn signal but has damages that total $100,000. The court will lower this amount by 40% ($40,000) and award only $60,000 to the victim. Even if the victim’s fault exceeded 50% or 51%, New York will allow the victim to recover damages that are offset by the percentage.
Why Having an Attorney is So Important
If you are seeking compensation after a car accident, you should be aware that the insurance companies and attorneys know all about comparative fault. They will first try to deny you any compensation, but secondarily attempt to blame you as much as possible for the wreck to try to reduce any damages they may ultimately have to pay. This is where it’s critical to have a skilled Garden City car accident lawyer.
Your attorney will contest any attempt by the at-fault party, their lawyers, and their insurers to shift blame for the accident to you. This means conducting a thorough investigation of the facts, collecting ample amounts of evidence, and being prepared to make persuasive arguments in mediation and (if necessary) in court. It also requires having a full understanding of how much your injuries are really worth, so your attorney will likely consult an expert witness who can help assign a value to your case.
The Saul Law Firm: Ready to Fight for You
No matter the factual circumstances of your accident, you deserve dedicated legal counsel who understands the law and is ready to fight for the maximum amount of compensation. Call our office or complete our online form. We can schedule your free initial consultation today.