In a car accident in New York City, the victim has a right to receive compensation for the damages they have suffered.
However, an auto accident is rarely so clear-cut that the at-fault party is immediately obvious. This is something that most personal injury claims have to deal with.
Often, the victims will be deemed partially at fault for a car accident caused by the other driver. Even if they have suffered a serious injury, their settlement offer will reflect the amount of liability they have for causing the auto accident.
However, this does not mean that victims who think they are partially at fault for a car accident should avoid seeking compensation from the other driver.
Thanks to the pure comparative negligence laws in New York, an experienced personal injury attorney can help them walk away with significant damages to cover their losses.
The Law Office of Carl Maltese has some of the top-rated motor vehicle accident attorneys in the city, with an in-depth understanding of New York state law. Victims can call them right now at +1 631-857-3703 to set up a free consultation. They are able to help with other questions like can I hire a personal injury lawyer from another state?
Determining Fault for Car Accidents in Personal Injury Claims
After discussing the merits of the personal injury claim, one of the first duties of an experienced personal injury lawyer is to determine who the at-fault party is.
Even with the no-fault insurance laws in New York state, it is important to identify who was responsible for the car crash.
Fault-based claim often requires evidence and witness statements that the attorney can use to prove that, for example, the other driver ran a red light just before the accident occurred.
During the settlement negotiations or personal injury trial, the lawyer will have to go a step further to determine how much fault will be attributed to the other party's insurance company.
New York Is a No-fault State
New York City follows the no-fault system when dealing with personal injury claims in auto accidents. Damages are usually settled through a third-party insurance claim regardless of who was at fault for the car accident.
However, there are limits to the amount of money the liable insurance company will pay depending on the amount of personal injury protection that the driver has.
The state of New York requires the following minimum liability insurance coverage for all drivers:
$25,000/$50,000 per injured person
$25,000/$50,000 per uninsured injured motorist
$50,000/$100,000 for death
$50,000 personal injury protection coverage
$10,000 for property damage
Pure Comparative Negligence for a New York Car Accident
Another important law that victims need to understand when they seek compensation for a serious injury caused by a car accident is that of pure comparative fault/negligence.
According to this system, the victim can still recover compensation from the at-fault party regardless of how much fault is placed on their shoulders.
Even if victims of car accidents are found to be 99% at fault for the crash, they will still be entitled to 1% of damages to cover their medical expenses and other losses.
New York is just one of the few states in the US that will still award the injured party damages even after they have been deemed to be more than 50% responsible for the accident.
In most other states, being more than 50% at fault for the accident will immediately disqualify the injury claim and cause the victim to lose out on any compensation.
How to Recover Compensation When Partially at Fault
The combination of the pure comparative fault system and no-fault insurance laws in New York City can make it difficult to pursue compensation when the victim is partially at fault for the accident.
As such, victims need the help of a good lawyer to help them seek full compensation from the liable parties. They can also explain the catastrophic injury legal definition.
It helps if the victims know the right steps to take soon after the accident occurs as this can make determining fault and seeking damages a lot simpler. As such, in the aftermath of a car crash, victims must take the following steps:
Seek medical attention
Obtain doctors' and police reports
Gather physical evidence, such as photos of the accident scene
Ask for contact details of potential witnesses
Inform the liable party's insurance company
Approach an experienced personal injury attorney
Victims Should Never Assume or Admit Fault
One of the biggest mistakes that victims can make is to admit fault for a car accident in New York. regardless of the circumstances of the collision, it is best to wait for proper legal advice before being labeled as the liable party.
It is common for victims to feel that they are to blame for an accident or another person's death.
However, a lot of this is due to the heat of the moment because of how traumatic a car accident can be. As such, victims should try to say as little as possible before consulting a qualified legal team.
Damages Awarded in a New York Personal Injury Claim
Victims filing lawsuits in New York can be awarded a wide range of economic, non-economic, and punitive damages to cover their losses. These damages usually cover:
Cost of medical bills
Lost income
Property damage
Wrongful death
Pain and suffering
Loss of earning potential
Loss of consortium
Personal Injury Cases Involving Government Entities.
It is important to understand that in some states, government agencies and entities have immunity from personal injury claims according to the legal theory of sovereign immunity. However, this is not the case in New York, where sovereign immunity has been waived in personal injury cases thanks to the Court of Claims Act.
As such, the state of New York or a municipal government entity can be sued for damages caused by an accident in which the government is at fault.
Car Accident Victims Need a Good Personal Injury Attorney
Before admitting fault or suing the at-fault party for medical expenses, lost wages, and other damages, victims need to approach a personal injury attorney to discuss the merits of their case.
A good attorney can help them answer the question "What if my personal injury was partially my fault." NY city residents can count on The Law Office of Carl Maltese located in Long Island for the best legal representation the state has to offer.