What If I Am Partially At Fault?
Fault does not always lie 100 percent with one of the parties in an accident; in some cases, both parties are at fault to varying degrees. In New York, you can still recover compensation following an accident, even if you are partially at fault — as long as the other side was also negligent.
At Marder, Eskesen & Nass, Attorneys at Law, in Midtown Manhattan, we offer a free initial consultation to discuss fault in auto and other types of accidents. Call us at 800-588-1579 before you make any statements to the other party’s insurance company.
What It Means To Be At Fault
In the past, New Yorkers who were injured in accidents were barred from seeking compensation if their own negligence was any factor whatsoever in the injury. Thankfully, this is no longer the case: New York is now a pure comparative fault state. This means that the court will determine each party’s percentage of fault and award damages accordingly.
Here are some examples:
- Suppose you and the other party were each 50 percent at fault. In this case, you can recover 50 percent of your damages.
- Suppose you were 90 percent at fault and the other party was 10 percent at fault. You can still recover 10 percent of your damages. If you suffered a devastating injury, 10 percent could be a significant amount of money.
Because fault is such an important factor in your case, you should not discuss fault with anyone before you talk to our lawyers. You could end up making statements that will damage your case.
Learn more about how to pay medical bills after an accident.
For More Information About Fault In Car Accidents
Se habla español.