What if You Were Partially at Fault for a Traffic Accident in New York?

Car Accident Lawyer Representing Injured Victims Of Automobile Accidents

New York has a so-called “No-fault” system for car insurance. Normally, then, if you’re a New York driver who carries car insurance in the state and you are involved in an auto accident, you and your passengers will rely upon your insurance policy for any injury claim you make after a car accident. It doesn’t matter who was at fault for the accident—that’s why they call it no-fault. The insurance policy of the car in which the injured persons were riding will cover most personal injury claims arising from a car accident. Each injured person involved in an accident usually will receive a settlement from their own car insurance company, or from the insurance policy that covers the car in which the person was riding, regardless of who was at fault for the accident.

In Which Cases The Fault Matters?

In certain circumstances, however, an injured party can go beyond the limits of the no-fault system and recover damages that exceed the available insurance coverage or that are not recoverable under state no-fault insurance, such as pain and suffering. Article 51 of the Insurance Law allows a plaintiff in a personal injury lawsuit to go beyond the no-fault strictures if the injury stems from another’s negligence in an automobile accident if the plaintiff has incurred a basic economic loss of more than $50,000, or if the plaintiff suffered a “serious injury,” defined under the statute as one of the following:

How The Law Defines a Serious Injury?

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

In such cases, though, if you are partially at fault for the accident, New York follows the “pure comparative negligence rule.” If you are 10 percent at fault, your damages award will be reduced by 10 percent. However, you are not barred from recovering some of your damages unless you are completely at fault Your award will be reduced by the amount that you are responsible for the accident.

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

Should I Use an Attorney to Help With My Auto Accident Claim?

If you are injured in an automobile accident in New York City that involves partial fault on your part, you should explore your compensation options. You may be entitled to compensation beyond what no-fault insurance provides, despite any allegations of partial fault. For a free case evaluation to see if you are entitled to compensation for your injuries, contact The Rybak Firm, PLLC, CALL 24/7 (718) 307-5554, or use their personal contact form on the firm’s website.

What Are Common Accidents In The Summer?

New York heats up in the summer, and the pool is a popular destination. Whether you go to a private or public swimming pool, owners have the duty to keep the pool and surrounding areas in safe conditions and in compliance with all applicable state and federal safety requirements. If a swimming pool area contains dangerous hazards or conditions, visitors can incur serious injuries and may even drown. Boating accidents are also a concern in the summertime in New York, because boat operators may be distracted or drunk and may cause serious accidents and injuries as a result.

Car Accident Lawyer Near Me

Our offices are located in Brooklyn, NY. However, we serve the entire New York City Metro Area and represent clients in every borough of New York City. If your injury prevents you from meeting at our office our Accident Lawyers are able to travel to you. 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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