Accidents can happen to anyone. Even if you’re the most careful person, slip-ups happen. Maybe you were going a little over the speed limit or you didn’t see the other vehicle until it was too late. Now you may wonder: Can I still file a lawsuit even if I share some blame?
The short answer is yes, but it’s a bit more complicated than a normal claim where you’re compensated for another party’s fault. Let’s break it down so you know exactly where you stand—and when it’s time to call a car accident lawyer in NYC.
What Is “Partial Fault”?
In simple terms, being partially at fault means you contributed in some way to causing the accident, but you weren’t the only one. For example, imagine you were turning left and another car was speeding. If the crash happened because you both made a mistake, you might each be considered partially responsible. This is where comparative negligence comes into play.
So, How Does Comparative Negligence Work in New York?
New York follows a pure comparative negligence rule. What this means is that, let’s say you were 99% at fault, you could still be able to recover 1% of the damages from the other party.
For example, if the total damage from the accident (including medical bills, car repairs, lost wages, and pain and suffering) amounts to $100,000. If a judge or jury finds you were 30% at fault, you could still receive $70,000.
This law is one of the reasons why speaking with an accident lawyer in New York can be a game-changer. They’ll help ensure your side of the story is heard and the percentage of fault assigned to you is fair.
What Can You Still Be Compensated For?
Even if you’re partially responsible, you might still get compensation for:
- Medical expenses
- Physical therapy and rehabilitation
- Property damage
- Lost income
- Pain and emotional distress
Insurance companies may try to minimize what they pay by pinning as much blame on you as possible. Don’t let them. A car accident lawyer NYC locals trust will fight to get you the maximum amount you deserve.
Should You Admit Fault at the Scene?
Absolutely not. Even if you think the accident was partly your fault, it’s best to stay calm, exchange information, and avoid making any statements that sound like you’re admitting blame. Things may not be as black-and-white as they seem. Let the experts—police, insurance adjusters, and your attorney—piece together what actually happened.
When Is It Time to Call a Lawyer?
If you’ve been in a car accident and there’s a chance you were somewhat at fault, you must talk to an attorney. The sooner you call, the better your chances are to recover what you’re owed and build a strong case.
A seasoned accident lawyer in New York will:
- Investigate the details of your crash
- Handle communication with insurance companies
- Negotiate fair settlements
- Take your case to court if needed
Conclusion
Just because of a small mistake on your part, you shouldn’t have to carry the entire weight of the consequences of an accident. In New York, by law, you have the right to recover for any damages, even if you’re partially at fault. For this, you need a good lawyer with experience in similar cases to ensure you are fairly compensated.
After getting into an accident, and you feel like you’re not sure what you should do next, reach out to a car accident lawyer in NYC without further delay!
YOU MAY ALSO LIKE: Ashcroft Capital Lawsuit: Unpacking the Facts Behind the Headlines
