When filing a personal injury lawsuit for your car accident injuries in New York, proving that you meet the serious injury threshold is only part of the battle. It’s the concept of comparative negligence that actually determines how much compensation you walk away with. In New York, if you’re partially responsible for the accident, your compensation will be reduced in proportion to your fault. As such, insurance companies will try their level best to use this legal concept against you.
At Alex Yadgarov & Associates, we understand how comparative negligence can shift the balance of the case. In this post, we will wear the hat of an accident lawyer in New York and explain how comparative negligence impacts a serious injury claim.
What is Comparative Negligence?
Comparative negligence is a legal principle that applies in personal injury and accident claims, allocating the blame between the parties involved. Under this principle, when an injured person is partially at fault for an accident, their compensation will be reduced in proportion to the fault percentage assigned to them. For example, if a person is 25% responsible for the accident, their compensation will be reduced by 25%.
In the US, there are two versions of comparative negligence—pure and modified comparative negligence. Under pure comparative negligence, a person can claim compensation even when they are even 99% responsible for the accident. Alternatively, under modified comparative negligence evidence, if the person is mostly to blame (51% and beyond), they cannot claim compensation.
Can You Recover Compensation If You Were Partly at Fault for an NYC Car Accident?
In New York, you can recover compensation, even when you’re partly responsible for the accident. Since the pure comparative negligence rule applies, a person can claim compensation even when they are mostly at fault for the accident.
How Does Comparative Negligence Affect Your Serious Injury Claims?
In New York, when you’re injured in a car accident, you must first go through the insurance process. Under your Personal Injury Protection (PIP) coverage, you can claim up to $50,000 for economic losses such as medical expenses, lost wages, and other relevant expenses. Since New York is a no-fault state, this compensates you, regardless of your fault in the accident. As such, comparative negligence does not have any effect on your insurance compensation.
However, the pure comparative negligence rule only comes into play when you step outside the no-fault system. Filing a personal injury lawsuit means stepping outside the no-fault system. To do so, you must prove basic economic damage that exceeds $50,000 or the existence of a “serious injury” as defined by Section 5102 (d) of New York Insurance Law.
There is no direct connection between the serious injury threshold and comparative negligence. Passing the serious injury threshold opens the door for victims to step outside the no-fault system. Once you’ve passed the threshold, it is the comparative negligence rule that determines how much compensation you will receive.
How is Fault Determined in Serious Injury Cases?
When building your case, the stronger the evidence you present, it will be a lot easier to prove damages and challenge any allegations that a person is partially responsible for the accident. Some of the best evidence that can be presented includes the following:
- Police accident reports
- Witness statements
- Video footage (dashcam, CCTV, traffic cam)
- Event Data Recorder (EDR) data
- Photographs of the accident scene and vehicle damage
- Medical records
- Testimony of experts (e.g., doctors, accident reconstruction experts)
Common Situations Where Comparative Negligence May Apply
Whether or not the pure comparative negligence rule applies depends on the circumstances of each case. However, as an accident lawyer in NYC, we’ve noticed several situations where comparative negligence applies regularly. They include the following:
- Left-turn accidents
- Rear-end collisions
- Lane-change accidents
- Multi-vehicle crashes
- Intersection collisions
- Accidents involving distracted drivers
What Can Strengthen Your Serious Injury Claim?
Keep in mind that things you say and do (and don’t say and do) have a significant impact on your serious injury claim’s compensation. Here are the practical steps you need to take to keep your claim safe from the negative consequences of the pure comparative negligence rule.
- Seek proper medical attention, without delay.
- Follow the prescribed treatment plan
- Preserve photographs, videos, and other relevant evidence
- Obtain the contact information of witnesses.
- Keep records of medical expenses and lost income.
- Do not admit fault or apologize for the accident.
- Do not make any recorded statements to an insurance adjuster.
- Do not post about the accident on social media.
- Contact an accident lawyer in NYC to discuss your legal options.
Conclusion
The comparative negligence rule exists to ensure the just allocation of fault in accidents. However, if you’re not careful, it can have negative consequences on your compensation claim. To protect yourself, getting legal advice from the best accident lawyer in NYC is a must.
If you’re looking for a skilled and experienced lawyer to help, Alex Yadgarov & Associates is here to help. We will work with you to build a case that protects you from comparative negligence and helps you get the compensation you deserve. Contact us today for a free and confidential consultation.