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Brooklyn Car Accident Lawyer: Can I file a car accident lawsuit if I was partially at fault?

Car accidents can be complex legal matters, especially when determining fault. In the state of New York, which follows a comparative negligence rule, individuals who are partially at fault for a car accident may still have the ability to file a lawsuit and seek compensation for their injuries and damages.

In this guide, our auto accident lawyers in Brooklyn, NY will discuss the legal framework surrounding car accident lawsuits in New York when the plaintiff bears some responsibility. By examining relevant laws, court precedents, and considerations, our car accident attorneys in Brooklyn will provide a comprehensive understanding of the options available to individuals who find themselves in such a situation.

brooklyn car accident lawyer if at fault

Car accidents can be complex legal matters, especially when determining fault. In the state of New York, which follows a comparative negligence rule, individuals who are partially at fault for a car accident may still have the ability to file a lawsuit and seek compensation for their injuries and damages.

In this guide, our auto accident lawyers in Brooklyn, NY will discuss the legal framework surrounding car accident lawsuits in New York when the plaintiff bears some responsibility. By examining relevant laws, court precedents, and considerations, our car accident attorneys in Brooklyn will provide a comprehensive understanding of the options available to individuals who find themselves in such a situation.

Comparative Negligence in New York

New York operates under a comparative negligence system, specifically the “pure comparative negligence” rule. This rule allows individuals who are partially at fault for an accident to pursue legal action and potentially receive compensation for their damages. Under comparative negligence, the court determines the degree of fault for each party involved in the accident and adjusts the compensation accordingly.

Pure Comparative Negligence Explained

According to experienced Brooklyn vehicle accident attorneys, the pure comparative negligence principle followed in New York assigns a percentage of fault to each party involved in an accident. This percentage reflects the extent to which their actions contributed to the incident. For example, if a driver is found to be 30% at fault for a car accident, their potential compensation will be reduced by that percentage.

Example of Comparative Negligence Law in a Brooklyn Auto Accident Case

Let’s consider a scenario where two drivers, Amy and Bob, are involved in a car accident in Brooklyn, New York. Amy rear-ends Bob’s vehicle while they are both stopped at a red light. Amy was momentarily distracted by her cell phone and failed to notice that the light had turned red. Bob, on the other hand, had a burnt-out taillight, making his vehicle less visible to other drivers.

In this case, according to the legal team at our Brooklyn car accident law firm, both Amy and Bob bear some responsibility for the accident. Amy’s distraction and failure to notice the red light contribute to her negligence, while Bob’s faulty taillight diminishes his vehicle’s visibility, thereby contributing to his negligence. The court will need to determine the degree of fault for each party involved.

Let’s say the court determines that Amy is 70% at fault for the accident due to her distracted driving, and Bob is assigned 30% fault for the burnt-out taillight. If Amy suffered injuries and damages as a result of the accident, she can still pursue legal action against Bob for compensation.

However, due to New York’s comparative negligence law, Amy’s potential compensation will be reduced by her assigned percentage of fault. For instance, if her total damages amount to $100,000, she would only be eligible to receive 70% of that amount, which is $70,000. The court recognizes that Amy’s own negligence contributed significantly to the accident and, therefore, reduces her compensation accordingly.

It is important to note that comparative negligence law allows individuals to seek compensation even if they are partially at fault for an accident. Based on this, the degree of fault assigned to them will directly impact the amount of compensation they can receive.

To navigate such a case effectively, both Amy and Bob should consult with the best car accident lawyers in Brooklyn. These attorneys can gather evidence, such as accident reports, witness testimonies, and expert opinions, to establish the negligence of each party involved. They will argue for a fair distribution of fault and strive to secure appropriate compensation for their clients based on the assigned percentages of fault.

Legal Considerations and Factors to Keep in Mind

brooklyn car accident lawyer if at fault legal factors

When determining fault and the possibility of filing a car accident lawsuit with representation from dedicated auto accident attorneys in Brooklyn, NY, several legal factors come into play:

  • Burden of Proof: The burden of proof rests with the plaintiff to establish that the defendant’s negligence directly caused their injuries and damages.
  • Contributory Negligence: If the plaintiff’s own negligence contributed to the accident, their potential compensation may be reduced by their assigned percentage of fault.
  • Statute of Limitations: In New York, there is a limited timeframe within which a lawsuit can be filed. Generally, a personal injury lawsuit must be initiated within three years of the accident.
  • Insurance Coverage: New York is a no-fault insurance state, meaning individuals involved in car accidents typically turn to their own insurance providers for compensation. However, if the injuries exceed certain thresholds outlined by the law, the injured party may pursue legal action against the at-fault party.

Establishing Liability and Compensation in a Brooklyn Car Accident Case

To file a successful car accident lawsuit in Brooklyn, it is essential to establish liability and seek fair compensation. This involves gathering evidence, such as accident reports, eyewitness testimonies, medical records, and expert opinions. A reliable and outstanding Brooklyn, NY car accident lawyer can guide individuals through this process, building a strong case by demonstrating the defendant’s negligence and minimizing the plaintiff’s assigned fault. This is someone who’s been through the legal battlefields before and knows how to handle incoming fire.

Different Brooklyn Car Accident Scenarios Where Comparative Negligence is Involved

Here are three different car accident scenarios in Brooklyn, NY that illustrate how comparative negligence can be involved:

Rear-End Collision with Contributory Negligence

Imagine a situation where Driver A is stopped at a red light, and Driver B fails to notice the stopped vehicle ahead and rear-ends Driver A’s car. Upon investigation, it is revealed that Driver A had a burnt-out taillight, which made it more difficult for Driver B to see the stopped vehicle.

In this case, the court might assign Driver A 20% of the fault for having a faulty taillight and Driver B 80% of the fault for not paying attention and causing the rear-end collision. The compensation awarded to Driver A will be reduced by their assigned percentage of fault (20%), while Driver B will be primarily responsible for covering the damages caused.

Intersection Collision with Shared Fault

Consider a scenario where Driver C is making a left turn at an intersection and collides with Driver D, who is speeding through a yellow light. Both drivers argue that they had the right of way and blame each other for the collision. After examining the evidence, the court determines that Driver C is 40% at fault for not yielding properly, while Driver D is 60% at fault for speeding through the yellow light.

In this case, both drivers bear some responsibility for the accident. Driver C’s compensation for their damages will be reduced by their assigned percentage of fault (40%), while Driver D will be responsible for the majority of the damages based on their assigned fault (60%).

Multi-Vehicle Accident with Multiple Degrees of Fault

Imagine a multi-vehicle accident involving three drivers: Driver E, Driver F, and Driver G. Driver E rear-ends Driver F, pushing Driver F’s vehicle into Driver G’s car, causing a chain reaction. It is found that Driver E was texting while driving, Driver F was tailgating, and Driver G had a broken brake light.

After evaluating the circumstances, the court assigns 40% fault to Driver E for distracted driving, 30% fault to Driver F for tailgating, and 30% fault to Driver G for the broken brake light. The compensation for each driver involved will be adjusted based on their respective assigned percentages of fault.

These scenarios illustrate how comparative negligence can come into play in different car accident situations. It emphasizes the importance of determining the degree of fault for each party involved and how it affects the compensation awarded in personal injury cases. It’s essential to consult with a proven and capable car accident lawyer Brooklyn to understand your rights and navigate the complexities of comparative negligence laws specific to your jurisdiction.

Can I Claim Damages in Brooklyn, New York if I was 99% at Fault for My Own Accident and Injuries?

In New York, the principle of comparative negligence is followed, specifically the “pure comparative negligence” rule. Under this rule, individuals who are partially at fault for an accident can still pursue legal action and potentially claim damages, even if they are 99% at fault for their own accident and injuries.

Besides, it’s essential to understand that the degree of fault assigned to a plaintiff in a personal injury case directly impacts the amount of compensation they can receive. In a situation where an individual is found to be 99% at fault for their own accident and injuries, their potential compensation will be significantly reduced. The court will take into account their high percentage of fault when determining the damages they are eligible to claim.

For example, if a plaintiff’s total damages amount to $100,000, being 99% at fault means they would only be entitled to receive 1% of that amount, which is $1,000. The court recognizes that the majority of the fault lies with the plaintiff themselves, and their compensation will be greatly diminished accordingly.

Consult with the Best Vehicle Accident Lawyers in Brooklyn, NY Today

In Brooklyn, New York, individuals who bear partial responsibility for a car accident can still pursue legal action and potentially receive compensation under the comparative negligence rule. While the plaintiff’s degree of fault may affect the overall compensation awarded, it does not necessarily bar them from seeking legal recourse.

Get in touch with an experienced Brooklyn auto accident attorney at Rosenberg, Minc, Falkoff & Wolff, LLP who can navigate the complex legal landscape, build a strong case, and advocate for your largest possible compensation. By understanding the laws and considerations surrounding car accident lawsuits in Brooklyn with help from our attorneys, you can make informed decisions and protect your rights in seeking justice. Call us at 212-LAWYERS or 212-344-1000 or fill out this online contact form to schedule your free consultation with us.

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