Apportioning Fault in Car Accident Cases

Car Accident Lawyer Brooklyn NY Representing People Injured In Car Accidents in New York

In many car accident cases, it is difficult to tell which party or parties are at fault for the accident.  Determining and apportioning fault in a car accident cases requires a careful examination of the facts and circumstances of each case and requires a clear understanding of New York negligence law as well as the concept of comparative negligence. (“Can you sue if partially at fault for the auto accident? “)

Negligence in New York Car Accident

In order to prove negligence in a car accident case, the injured plaintiff must prove the following:

• That the other driver owed a duty to act as a reasonably prudent driver would have acted under the same or similar circumstances;
• That the other driver breached the applicable standard of care;
• That this breach proximately resulted in the plaintiff’s injuries and damages; and
• That the injured plaintiff sustained injuries and damages, such as medical bills and treatment, lost wages, pain and suffering (past, present, and future), permanency, etc.

Pure Comparative Negligence

In car accident cases where it is difficult to determine which party was negligent (i.e. at fault for causing a car accident), New York uses a pure comparative negligence standard to apportion fault.  Thus, under New York law, an injured plaintiff can still recover for his or her injuries even if he or she is deemed to be ninety-nine percent (99%) at fault for the accident.  In that instance, the injured plaintiff would still be entitled to 1% of the available damages.

Some of the ways in which a party might cause or contribute to an accident by speeding, disregarding traffic signs or signals, or otherwise acting in a reckless, careless, or negligent manner while driving.

Speak with a New York Personal Injury Lawyer

If you or someone you love has been injured in a New York car accident, you need competent legal representation of an experienced Accident Lawyer NYC.  Our New York Personal Injury Lawyer can investigate the facts and circumstances surrounding your case, determine the party or parties who are likely to be deemed at fault, and assess potential damages.  To schedule a free consultation and case evaluation, call us today at 718-307-5554 (Available 24/7)or contact us online.

1 https://www.law.cornell.edu/wex/comparative_negligence

2 https://www.nycourts.gov/lawlibraries/nycodesstatutes.shtml

Car Accident Lawyer Near Me

Our offices are located in Brooklyn, NY.  Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Car Accident Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.

Our office address is:

1810 Voorhies Ave

Suite #7

Brooklyn, NY 11235