If you were involved in a car accident and believe you may be partly to blame for it, you may be wondering whether it is even worth hiring a lawyer. Many crash victims assume that being “partially at fault” means they cannot recover anything at all. However, that is not always the case in New York.
Does being partially at fault prevent recovery?
Many people do not call a lawyer because they think they “caused” the incident. But fault in a traffic crash is rarely that simple. You may have made one mistake, but that does not mean the other party is off the hook. Three common scenarios include:
- You may have been over the speed limit, but the other party may have run a red light
- You may have rolled through a stop sign, but the other party may have been driving too fast for road conditions
- You may have merged a little too closely, but the other party may have been tailgating
The issue is not whether you were partially at fault, but how much fault can legally be assigned to you and the other party.
How does New York’s ‘pure comparative negligence’ rule work?
New York follows a tort rule known as “pure comparative negligence.” Under this law, you can seek compensation for your damages even if you were 99% at fault for the accident. However, your percentage of fault reduces the amount you receive.
For example, if a court or insurance company determines that your damages total $100,000, and you were 25% at fault, you may still recover $75,000. This rule is important because it protects crash victims from losing their right to compensation simply because the other party argued that they were not entirely blameless.
What types of compensation may be available?
Even if you were partly at fault, you may be able to recover damages for your “serious injury.” This compensation may include:
- Medical costs
- Lost wages and other economic losses
- Pain and suffering
- Mental anguish
The amount you can recover will depend on the facts of your case and how fault is allocated. A lawyer can help gather evidence and push back against unfair blame.
Partial fault does not end your claim
In New York, the law recognizes that accidents are often shared events, and responsibility can be between two parties. The best way to understand your rights is to speak with a personal injury lawyer who can review what happened, inform you of your available options and help you move forward with confidence.