After a car accident in New York, establishing fault is an important step to securing compensation for the damages suffered. In most cases, determining who is responsible for the accident is relatively straightforward. However, multiple parties may share the fault in certain instances. When a person is partially at fault for an accident, the pure comparative negligence rule will apply and affect their compensation. In this post, the team at Alex Yadgarov & Associates will be your accident lawyer in New York, explaining how fault is divided in accident cases and how the pure comparative negligence rule can impact your settlement.
What is comparative negligence?
Comparative negligence is the legal principle where responsibility for an accident claim is divided among the involved parties. In the US, the principle has been further divided into pure comparative negligence and modified comparative negligence.
Under pure comparative negligence, an injured person is allowed to claim compensation, even when they are mostly at fault for the accident (i.e., beyond 50%). On the other hand, modified comparative negligence only allows you to claim compensation when you are less at fault for the accident (i.e., less than 50%). You cannot claim compensation under modified comparative negligence if you are mostly at fault.
How Comparative Negligence Affects Your Settlement in NYC
New York follows the pure comparative negligence model. According to Section 1411 of the New York Civil Practice Law & Rules, the pure comparative negligence rule allows an injured person to recover compensation for their accident, even when they are partially or mostly at fault. However, their final payout is reduced by the fault percentage of the accident that is attributed to them.
How pure comparative negligence operates is best described through a hypothetical scenario. In our scenario, Drivers A and B meet with an accident on Broadway. Both of them are claiming $100,000 in damages. The investigation reveals that at the time of the accident, A was using his mobile phone and was thus distracted. On the other hand, B was driving at excess speed.
Based on the findings, A is held 40% responsible while B is held 60% responsible for the accident. Since both drivers are partially at fault for the accident, the pure comparative negligence rule applies. As such, A will have his compensation reduced by 40%, while B will have his reduced by 60%. In the end, A will walk away with $60,000 while B walks away with $40,000.
Common Situations Where Fault is Shared in NYC Accidents
In many NYC accidents, fault is not always clear-cut. Some of the most common types of accidents where the pure comparative negligence rule can influence compensation are:
- Distracted driving accidents
- Speeding
- Unsafe turns or lane changes
- Pedestrian and cyclist accidents
- Multi-vehicle accidents
How Insurance Companies Use Comparative Negligence Against You
The role of an insurance adjuster is to analyze your claim and look for any way to reduce your financial payout. Since the comparative negligence rule divides fault among multiple parties, insurance adjusters can use the situation and twist the narrative. They can cherry-pick evidence and paint a picture of your fault being greater than it actually is.
How To Protect Your Settlement After an NYC Accident
If you want to secure the maximum compensation in your settlement, you need to protect your claim from the negative effects of the comparative negligence rule. Here are some things you can do to protect your claim:
- Gathering evidence—Since insurance companies love to argue that you contributed more to the accident, gather evidence to prove them otherwise. Photographs, traffic cam and CCTV footage, witness statements, and accident reports can help you build a strong and convincing case.
- Seek immediate medical attention—go to the doctor as soon as possible. A prompt medical response can help link the accident to the injuries. It also shows that your delay did not cause the injuries to worsen.
- Follow medical advice—do not miss appointments or skip treatments. These actions can be used against you to claim that your action exacerbated your injuries.
- Do not apologize or admit fault—your human empathy can be weaponized and twisted to fit a narrative where you have admitted your fault in the accident.
- Limit insurance talk—Do not provide any recorded statements to insurance adjusters without consulting your lawyer first.
- Hire an experienced New York car accident lawyer—Fighting a comparative negligence case will require an expert legal advocate who understands how to structure your case to reduce the impact of comparative negligence and negotiate with aggressive insurance companies to reach the most favorable settlement.
Conclusion
Comparative negligence can have a major impact on the compensation and outcome of your NYC car accident case. Without strong evidence and a well-thought-out legal strategy, you might be forced to accept a settlement that is lower than what you deserve. If you’re worried about comparative negligence affecting your case, contact Alex Yadgarov & Associates today. Schedule a free consultation with us and let our experienced legal team take a look at your case and help you secure the compensation you deserve.
