Car accidents are stressful, especially if you share some responsibility for the crash. Under New York’s pure comparative fault rule, however, it is important to remember you may still have a case, even if you think you may be partly to blame.
At The Bongiorno Law Firm, our New York City car accident attorneys are dedicated to helping you navigate the legal process after a car crash, including how the complexities of pure comparative negligence may impact your case. If you were injured in a car accident and are unsure about your rights to compensation, we can help. Call our law offices to discuss your case during a free consultation and determine what legal options may be available to you.
Call to request a FREE consultation today: (516) 741-4170
What Is Pure Comparative Negligence Under New York Law?
Under New York’s pure comparative negligence law, you may still recover damages even if you were more at fault for the crash than the other driver. The court reduces your compensation by your percentage of blame, but unlike other states, New York does not cut off your right to recover after a specific percentage of fault.
How Can I Receive Compensation if I Am Partially at Fault for a NYC Crash?
New York law protects your right to recover damages regardless of how much fault you carry. You can still file a claim, but any compensation awarded to you through a settlement or jury-awarded verdict will be reduced based on your share of assigned blame.
Here is one example: If you were awarded $50,000 in compensation for your damages, but were forty percent at fault for the crash, you could still recover $20,000. Unfortunately, many drivers do not realize they could still recover damages and miss out on money they legally deserve.
How Do Insurance Companies Calculate Settlement Offers Under Pure Comparative Negligence?
Insurance companies routinely undervalue injury claims in the state by manipulating New York’s pure comparative negligence rule. This is one of many tactics they use to help them reduce their total payout to you. Remember, insurance company goals do not align with yours. Their primary goal is to protect their bottom line.
One way liable insurance companies do this is by trying to shift the blame from their policyholder to inflate your percentage of fault. Insurance companies may also try to minimize your total damages, which can cost you thousands in lost compensation.
At The Bongiorno Law Firm our skilled attorneys are well-versed in insurance company tactics and challenge them by gathering evidence that proves the true fault breakdown. We dispute arguments from the liable insurance company unfairly assigning you higher fault percentages that could slash your settlement. We document all damages, bring in expert witnesses and fight for every dollar you deserve.
What Evidence Can Help to Establish the Other Driver’s Negligence?
Solid evidence that can help to strengthen your claim and establish the other driver’s may include:
Eyewitness Testimonies
Statements from credible witnesses who saw the accident can help clarify events leading up to the crash.
Traffic Camera Footage or Dashcam Footage
Video footage from nearby cameras may show solid proof of the sequence of events leading to the crash.
Accident Scene Photos
Photographs of the accident scene and vehicle damage can help establish the cause of the crash. Well-taken images may even help to establish how fast a driver was going or whether a driver attempted to stop.
Police Reports
A detailed police report provides an authoritative and objective view of the accident. They also highlight key facts, such as statements from drivers, road and weather conditions at the time, and whether any drivers were cited following the crash.
Expert Testimony
While not needed for every car crash claim, your attorney may sometimes consult with other experts, such as an accident reconstruction specialist. These individuals are skilled and have specific training that can help clarify what happened in more challenging cases.
Are There Filing Deadlines After A New York City Car Crash?
New York’s statute of limitations for personal injury claims is generally three years from the accident date. If you miss this deadline, you may lose the right to file a lawsuit and pursue compensation.
However, other deadlines may apply depending on the circumstances. For example, motorists are required to report any collision that results in damages over $1000 to the Department of Motor Vehicles within 10 days from the collision date.
Consulting an attorney soon after your crash helps to ensure you meet all deadlines, protecting your right to seek compensation after a crash.
Need Legal Help After a NYC Crash? Contact Our Trusted Law Firm Today
At The Bongiorno Law Firm, we understand the stress of dealing with a car accident, especially if you sustained serious injuries. If you suffered harm in a car accident and are concerned about your legal rights, we strongly recommend contacting us for a free consultation today.
Our dedicated car accident lawyers have a proven history of securing compensation, and we are committed to helping you seek the justice you deserve. There are no upfront costs or fees when we represent your case.
Call our experienced New York City law firm today. (516) 741-4170.
