It’s normal to wonder if you can recover damages for your Long Island car accident injuries when you were partly at fault for the crash. In New York, even if you are mostly to blame you may still be entitled to some compensation under the doctrine of comparative negligence.
This is important because in many New York car accident cases there is not a single party entirely to blame for the collision and resulting injuries, so it prevents a victim from being completely prohibited from recovering damages even if they don’t bear the majority of the fault.
Comparative Negligence
Comparative negligence examines the relative responsibility of all parties involved in a car accident and assigns each a percentage of responsibility. Victims may then recover a portion of their damages corresponding to the amount of fault they bear. In New York, where pure comparative negligence applies, a car accident injury victim may still pursue compensation from a negligent party even if they were 99% responsible for the collision.
The court hearing your case will review the facts and assign each party involved a percentage of fault for their part in the accident. Then, if a judge or jury later awards you damages for your injuries, the amount you will be able to collect is reduced by the percentage of fault determined by the court. For example, if you were involved in a car accident and received a $2 million award of damages but were found to be 50% at fault for the accident, you will only be able to recover $1 million of the original award.
Contact a Long Island Car Accident Attorney
The experienced Long Island car accident attorneys at the Falkowitz Law Firm, PLLC know how to use our knowledge and resources to put forward the strongest arguments that you played little or no part in your car accident and deserve maximum compensation.
If you or a loved one were hurt in a car accident, contact us 24/7 at (844)-385-4279 or by completing our online Contact Page to schedule a free, no-obligation consultation. Let us answer your questions, review your unique situation, and fight for you so you can focus on your physical and emotional recovery starting today.
Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.
