When car accidents happen, determining who contributed to an accident is a crucial step in the legal process. Some cases involve one person who was clearly at fault, but at other times multiple people were partially to blame. What should you know about the role of negligence in these car accident claims?
What is comparative negligence?
Comparative negligence comes into play when multiple people contribute to an accident. This system allows the plaintiff to recover damages as long as they were not solely at fault for the crash. In New York, this means that a person can receive compensation even if they are 99 percent at fault. However, their recovery will decrease based on how much they contributed to the collision.
How does comparative negligence work?
The amount that people receive in a crash can depend on the situation. For example, if one driver failed to stop at a red light and crashed into another driver who was speeding, both drivers’ actions may have contributed to the crash.
During the legal process, the court would assign each driver a percentage of fault. If the court found that the driver who ran the red light was 70 percent at fault for the crash, they would only be able to recover 30 percent of the total damages. If the speeding driver was 30 percent at fault for the crash, on the other hand, they would be able to receive 70 percent of the total damages.
How could comparative negligence impact you after a car accident?
Because your contribution to a crash can limit the amount of compensation you receive, receiving fair compensation often depends on showing whose actions contributed to the crash. Traffic camera footage, vehicle damage and witness statements can all help establish fault.
Auto accidents can be stressful and complex, especially when multiple parties are involved. By understanding how New York law handles fault, you can better navigate the aftermath of an accident.