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Comparative Fault in New York Car Accidents

Comparative Fault in New York Car Accidents

An accident can happen in an instant, and your car may have been totaled in the impact. The other driver might be injured, too, and in that moment, you might be tempted to say, “I was a little distracted,” or that you were partly at fault for the accident. 

However, it’s best that you don’t take responsibility for the incident. New York has shared fault laws, and if you’re not careful, you could lose part or all of your compensation. If you’re worried about your injury claim and whether you may be held responsible for the accident, reach out to a Staten Island car accident lawyer for help.

How Comparative Fault Works

When you’re involved in a car accident, you might feel that you were partially to blame for the collision. It’s rare that one person or another is the only person at fault for a car crash. However, taking the blame can hurt you in the future. 

New York has “shared fault” laws that state, if you’re found partly responsible for your injuries, you could lose part of your compensation. 

For example, let’s say you were hit by another driver because they had been drinking. You were staying within your lane, but you were also texting or talking on your cell phone while driving. Because of that, the responsible party may argue that, because you weren’t paying attention, you weren’t being careful enough to avoid a car collision. 

You might be accused of being twenty-five percent at fault, for example. If you don’t fight back, you would only receive seventy-five percent of the compensation your claim is really worth. 

Protecting Your Claim

Losing any part of your compensation can be devastating, and that leaves many people struggling without the funds they could have received for their claim. That’s why it’s so important to act now and protect your compensation. If you don’t, your funds could be reduced, which means you’ll be left with out-of-pocket expenses that could have been covered by your compensation. 

Often, that means defending yourself against accusations of fault. You might gather evidence that shows you weren’t driving distracted, for example, like phone records that show you weren’t talking or texting at the time. Your attorney can help you find the right evidence that can help you save your claim. 

How a Car Accident Lawyer Can Help You

If you’ve been hit by another driver, comparative fault can make a difference in the compensation you receive. If you aren’t careful, you could be left without the compensation you need to recover from your injuries. 

At Greenstein & Milbauer, LLP, we understand how important your compensation is for your full recovery, from getting your car repaired to compensating you for your emotional trauma. That’s why we focus on your shared fault. Your lawyer can help you protect your compensation and help you maximize your compensation. 

To get started, reach out to us for a free consultation about your claim. Get started by calling 1-800-VICTIM2 (842-8462) or by visiting us online to learn more about our services. 


About the Author:

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Accidents happen, while being an accident victim may be unavoidable, choosing the wrong attorney is not. The experienced team of lawyers at Greenstein & Milbauer, LLP have more than 15 years of handling highly complicated personal injury claims. Contact our personal injury attorneys to learn how we can help you secure the compensation you are entitled to get back on your feet. 1800-842-8462... View full business profile here: Profile Report: Greenstein & Milbauer, LLP





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