Partial Fault Car Accident NYC
Partial Fault Car Accident in NYC: What It Means and What to Do
Being involved in a car accident in New York City is stressful enough, but what happens if you were partially at fault? Many drivers believe that having some responsibility in a crash disqualifies them from seeking compensation. Fortunately, that’s not the case in New York.
In this article, we’ll explain what “partial fault” means in a car accident, how the pure comparative negligence system works in New York, and what steps you can take to protect your rights—even if you believe you share some of the blame.
Understanding Partial Fault in NYC Car Accidents
What Is “Partial Fault”?
Partial fault (or shared fault) means that more than one party contributed to the accident. For example, if you were speeding but the other driver ran a red light, both of you may be found partially liable.
New York’s Pure Comparative Negligence Rule
New York follows a legal doctrine called pure comparative negligence, which allows injured parties to recover compensation even if they are up to 99% at fault for the crash.
This rule means:
- Your compensation is reduced by your percentage of fault.
- You can still sue the other party, regardless of how much blame you carry.
Example:
If your damages total $100,000 and you’re found 40% at fault, you can still recover $60,000.
Common Scenarios Involving Shared Fault
- Rear-end collisions where the front car stops suddenly and the rear driver was following too closely.
- Left turn accidents when one driver turns across oncoming traffic.
- Distracted driving where both drivers were inattentive in different ways.
In each of these cases, courts and insurance adjusters may assign a percentage of fault to each driver based on the evidence.
How Is Fault Determined in NYC?
Key Factors Considered:
- Police accident reports
- Witness statements
- Traffic camera footage
- Vehicle damage and location
- Expert accident reconstruction
Having strong documentation and legal representation can greatly impact the allocation of fault and the final settlement. Cohan Law Firm can assist you in gathering the necessary evidence and presenting a compelling case.
Can You Still Sue If You Were Partially at Fault?
Yes. Many drivers assume that being partially to blame means they have no case. But in New York, that’s simply incorrect.
If another driver’s negligence contributed to your injuries, you have the right to seek compensation, regardless of your role in the accident.
What Can You Recover?
Depending on the circumstances, you may still receive compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Your recovery will be adjusted based on your share of liability.
Cohan Law Firm helps clients in NYC navigate partial fault situations and works diligently to maximize the recovery they deserve.
Special Considerations Under No-Fault Insurance in NY
New York’s no-fault insurance rules provide up to $50,000 in medical and lost wage benefits regardless of fault. However, to pursue additional damages (pain and suffering, etc.), you must:
- Meet the “serious injury” threshold under NY law.
- File your claim within the legal statute of limitations (typically 3 years from the date of the accident).
If you believe you were partially at fault, it’s essential to act quickly and consult a qualified attorney. Cohan Law Firm offers personalized guidance and legal support tailored to your case.
How a Car Accident Lawyer Can Help
A skilled car accident lawyer in NYC can:
- Help gather evidence to reduce your fault percentage
- Navigate complex insurance negotiations
- Ensure compliance with deadlines and documentation
- Fight for maximum compensation under New York law
Don’t Let Partial Fault Stop You. Get Legal Help Today
Even if you think you made a mistake behind the wheel, you may still have a strong legal claim. New York’s laws are designed to protect victims, including those partially at fault.
Schedule a free consultation with Cohan Law Firm today to understand your rights and take the first step toward recovery.