Can you sue if partially at fault for the auto accident?

Car Accident Lawyer Brooklyn NY Representing People Injured in Car Accidents

If you drive long enough, you will eventually be involved in a car accident. Much of the time, the primary issue in a car accident case is who is at fault. But, what happens when both drivers share the liability for the accident? Unlike most states, New York is a pure comparative fault state. This means that even if you are partially at fault for the auto accident, you may still be able to recover some damages.

How Comparative Fault Works (Partial Fault)

If a car accident case goes to trial and both sides are found to be at fault for the accident, the judge will have to determine what percentage of blame each side has for causing the accident. Any damages that are awarded will be reduced by the person’s percentage of fault.

Examples of how comparative fault affects damages awards:

  • Mark and Jane are involved in a car accident. Mark is 60% at fault for the accident and Jane is 40% at fault for the accident. If Mark’s damages were $100,000, his damages would be reduced by 60% and he would be awarded $40,000. If Jane’s damages were also $100,000 her damage award would be $60,000.
  • Bill and Able are involved in an auto accident. Bill is 90% at fault for the accident and Able is 10% at fault. If Bill’s damages were $10,000, his damage award would be reduced to $1,000. If Able’s damages were $20,000, his award would be $18,00
  • Notice that in the second example even though Bill is 90% at fault for the accident, he is still entitled to some damages.

Making a Car Accident Claim in New York

Cases where both parties share blame for causing a car accident can be more difficult to settle than other types of cases. You and your Car Accident Lawyer will need to prove to the insurance company the amount of your damages and convince them to accept your analysis of how much blame each side shares.

Often the insurance company may try and argue that you should accept more blame for the accident than is reasonable. The more blame you accept for the accident, the less the insurance company will have to pay out.

Even though these cases are more complicated, they still rarely go all the way to trial. Most of the time a skilled Personal Injury Lawyer in Brooklyn, NY will be able to negotiate a fair settlement for you. But, a lawsuit may have to be filed first to both protect your rights to your claim and to show the insurance company you are serious about your demands for a fair settlement offer.

If you have been injured in a car accident, even if you were partially to blame for the accident, you need to speak with a knowledgeable and experienced New York Car Accident Lawyer . There are several deadlines, statute of limitations,  that you must meet. Don’t risk losing out on the compensation you are legally entitled to.

Car Accident Lawyer Near Me

Our offices are located in Brooklyn, NY.  We serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Car Accident Attorneys are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.

Our office address is:

1810 Voorhies Ave

Suite #7

Brooklyn, NY 11235

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