You are driving through Brooklyn when another driver runs a red light and crashes into your vehicle, but you realize that you were speeding just before the collision occurred. Many accident victims in similar situations assume that they cannot pursue compensation because they share some responsibility for the crash.
A qualified New York car accident lawyer can represent you in pursuing compensation under the state’s no-fault system and comparative negligence laws. In this guide, the Wohlgemuth Law Firm PLLC will explain how a car accident lawyer in New York can assist with partial fault car accident claims.
The Impact of Car Accidents in New York State
Before exploring New York’s comparative negligence laws, it is essential to understand the frequency of car accidents in our state. Consider these statistics:
- Annual injury burden: More than 160,000 injuries are attributed to motor vehicle crashes in New York State annually.
- Daily impact: On an average day, three New Yorkers die and 400 are injured in motor vehicle crashes.
- Annual fatalities: Approximately 1,100 New Yorkers die in motor vehicle crashes each year.
This data highlights the impact of car accidents on New Yorkers. If you’re a part of one of these numbers, it is vital for you to understand your legal rights and options for a claim.
New York’s No-Fault Insurance and Personal Injury Claims
In New York, you can still pursue compensation after a car accident even if you were partially at fault.
New York operates under a no-fault insurance system that covers basic economic losses regardless of who caused the accident. The no-fault system requires a minimum of $50,000 in personal injury protection (PIP) coverage, which includes payment for 80% of lost wages up to specified limits, reasonable and necessary medical expenses, and transportation costs for medical appointments also up to specified limits.
You can step outside the no-fault system and file a personal injury claim and/or lawsuit in New York when your injuries meet the state’s serious injury threshold. Under New York car accident laws, some examples of threshold injuries are those involving significant disfigurement, bone fractures, permanent limitation of body function, or substantial limitation of body system function. If you step outside of no-fault insurance and file a claim or lawsuit for bodily injury, you will be subject to the comparative negligence system.
Understanding New York’s Pure Comparative Negligence System
Under the comparative negligence system in New York, your compensation is reduced by your percentage of fault, but you are never barred from pursuing damages. If you pursue a lawsuit against the at-fault party for negligent actions, you will each be assigned a percentage that will impact your final settlement. For example, if you are found 20% at fault for an accident with a $100,000 settlement, you may be awarded $80,000.
How Fault Determination Affects Your Car Accident Compensation in NY
Fault is determined by many factors, including but not limited to:
- Traffic violations by each driver
- Road and weather conditions at the time of the crash
- Vehicle maintenance problems that may have contributed
- Driver impairment (alcohol, drugs, or fatigue)
- Distracted driving, such as texting or eating
A skilled New York car accident lawyer can represent you in a shared fault accident claim and/or lawsuit.
Steps To Protect Your Rights After a Partial Fault Accident
Taking immediate action after an accident can significantly impact your ability to recover compensation. You must avoid making statements that insurance adjusters could interpret as admissions of fault, as even apologizing at the accident scene can be twisted into evidence against your claim.
If possible, document the accident scene and collect the contact information of any witnesses. Seek medical attention immediately, even if your injuries may seem minor, as many severe conditions do not produce noticeable symptoms initially. A New York car accident lawyer provides guidance during these critical early steps to ensure your legal interests are protected and evidence is preserved for your claim.
The Importance of Legal Representation in Partial Fault Cases
Insurance companies invest significant resources in minimizing payouts. They employ teams of adjusters, investigators, and attorneys whose primary goal is to protect their company’s financial interests. Without experienced legal representation, you may accept a settlement offer that fails to adequately compensate you for your losses.
Time Limits for Filing Car Accident Lawsuits
New York’s statute of limitations establishes strict deadlines for filing personal injury lawsuits, regardless of who is at fault. You generally have three years from the accident date to file a lawsuit for bodily injuries and property damage. Wrongful death claims must be filed within two years of the victim’s death. Additionally, some cases require filing a notice of claim as soon as 90 days after the accident. Every case is different and it is critical to consult with an experienced New York car accident lawyer in order to ensure that you do not miss a vital deadline.
Are You Looking for a Car Accident Lawyer in New York?
Understanding your rights under New York’s comparative negligence and no-fault insurance laws empowers you to seek compensation even when you share responsibility for an accident. A skilled New York car accident lawyer from the Wohlgemuth Law Firm PLLC can protect your interests by representing you for your claim.
Learn more about making a car accident claim in New York with our legal team. Contact the Wohlgemuth Law Firm PLLC today at (718) 474-9100 to discuss your case with a dedicated New York car accident lawyer.
FAQs Answered by a New York Auto Accident Attorney
These common questions address key issues that arise in partial fault cases and are answered by a car accident lawyer in New York.
Can I Still Seek Compensation If I Was Drinking Before the Accident but Was Not Legally Intoxicated?
Yes, you may still have a valid claim even if you had been drinking before the accident but were not over the legal limit. New York’s pure comparative negligence system allows recovery even when you bear significant fault for the accident.
What Happens If the Other Driver Was Uninsured and I Was Partially at Fault?
If the other driver was uninsured and you were partially at fault, you can still seek compensation through your own uninsured motorist coverage.
How Is My Percentage of Fault Determined in a Shared-Responsibility Accident?
Many factors are used in determining fault, also known as liability. Police reports, witness statements, vehicle damage, and accident reconstructionist opinions are some examples of evidence that is used to determine fault percentages.
