If you are injured in a car accident in New York, the legal process that follows can be complex. Unlike some other states, where insurance companies investigate liability after an accident before providing insurance benefits, New York follows no-fault laws. Beyond this, the system changes if you choose to (and are able to) pursue a personal injury lawsuit, requiring you to navigate comparative negligence laws.
Below, a New York car accident lawyer from the Wohlgemuth Law Firm PLLC shares how comparative negligence applies to car accident cases in New York and its role in liability determination. If you are seeking legal representation for a specific case, consider consulting a car accident lawyer in New York from the Wohlgemuth Law Firm PLLC.
Comparative Negligence: New York’s Liability Standard
New York follows the comparative negligence legal principle in the majority of personal injury claims. Under this law, a percentage of liability is assigned to each party involved in a case. Each party’s settlement amount is then reduced by the percentage they are found liable.
For example, if you are found 10% liable for an accident with a $100,000 settlement, your potential recovery would be reduced to $90,000.
New York recognizes pure comparative negligence, which means that plaintiffs can seek to recover a portion of the settlement, regardless of the percentage of liability they assume. Comparative negligence laws apply to personal injury cases, such as dog bite accidents, medical malpractice cases, slips and falls, and more. However, the system is more complex when it comes to car accident claims, as our New York car accident lawyers explain below.
How Does Comparative Negligence Work in Car Accident Cases? Understanding the “No-Fault Rule”
According to the New York State Department of Health, on average, New York sees over 1,000 fatalities per year from car accidents and over 12,000 hospitalizations from collision-related injuries. Nearly 700 out of every 100,000 New Yorkers visit the ER every year for motor vehicle collisions, highlighting the prevalence and severity of such accidents in the city.
These injuries can lead to significant financial stress for accident victims. According to the National Safety Council, in 2023, motor vehicle crashes cost, on average, between $27,000 and $167,000 for wrecks involving injuries.
To minimize financial barriers and help accident victims access medical care immediately after an accident, New York follows the no-fault system, which operates differently from comparative negligence. Under no-fault laws, drivers make a claim with their own insurance provider immediately after the accident, regardless of who is at fault for the accident. New York requires drivers to carry Personal Injury Protection (PIP) insurance, which covers medical expenses and a percentage of lost wages up to the policy limits after an accident, regardless of liability.
Under the no-fault system, drivers use their own insurance benefits to cover certain damages sustained in a car crash, and they typically cannot file a lawsuit against other parties involved in a car accident unless they meet the “serious injury” threshold. If they meet this threshold and have grounds to file a lawsuit, the comparative negligence laws defined above would apply to the case. Individuals in this situation may choose to seek legal counsel from a New York car accident lawyer at the Wohlgemuth Law Firm PLLC to help them understand their legal options.
When You Can Move Outside of the No-Fault System
To file a lawsuit for a car accident in New York against the responsible driver, the victim must meet the “serious” injury threshold. The state defines a “serious” injury as one involving:
- Bodily dismemberment
- A fracture
- Loss of life or fetus
- The permanent loss of a bodily system, member, function, or organ
- The consequential or permanent limitation of an organ or bodily member
- A significant limitation of a bodily function or system
- A significantly limiting injury that impacts your ability to live normally for a minimum of 90 days
Beyond these criteria, you may also qualify for the “serious” injury threshold if your economic losses exceed $50,000. Note that these requirements may not apply if you are considering suing a third party, such as a vehicle manufacturer for faulty parts or a repair shop for negligent repairs.
How Are Fault Percentages Determined Under the Comparative Negligence System?
If you have the grounds for a lawsuit and choose to file one, the comparative negligence system will apply, meaning any percentage of fault assigned to you directly reduces your settlement. So, how are fault percentages assigned?
When determining liability, courts generally consider four key elements:
- Duty of care
- Breach of duty
- How this breach caused the accident
- How the accident caused the damages
While something like texting and driving may seem like a direct breach of duty, less obvious conduct may also influence apportionments of fault. For example, if you are hit by a driver who was texting, but you were also speeding, you may assume a percentage of liability. Courts weigh all available evidence, such as witness statements, police reports, vehicle damage, and black box data, to determine negligence.
Do You Need To Speak With a Car Accident Lawyer in New York?
If you need support filing a car accident claim, speak with a New York car accident lawyer from the Wohlgemuth Law Firm PLLC by calling (718) 474-9100.
FAQs Answered by a New York Car Accident Lawyer
Find answers to more questions about comparative negligence laws below.
How Does Comparative Negligence Work in New York?
The comparative negligence law in New York allows plaintiffs in a personal injury claim to seek recovery for damages even if they are partially at fault., However, the amount a Plaintiff would be entitled to will be reduced by their percentage of fault.
What Are the Four Elements Needed To Prove Negligence?
The four elements needed to prove negligence are duty of care, breach, causation linking the breach to the accident, and damages. A New York car accident lawyer can represent your rights and help you collect evidence to establish these elements if you choose to pursue a lawsuit.
How Do Contributory Negligence and Comparative Negligence Differ?
Contributory negligence bars plaintiffs from recovering damages if they are found even 1% liable for an accident, while comparative negligence allows plaintiffs to seek compensation, even if they are partially at fault for the accident.
