When people get seriously injured, they often incur significant medical expenses, face a long road to recovery, and endure great pain and distress. Many of these people file personal injury lawsuits to get the financial compensation they need to bounce back from their injuries. However, in some cases, the plaintiff may also be slightly responsible for their injuries. Potential plaintiffs who think they might be partially to blame for getting injured can be hesitant to file legal claims because they think that being partially at fault will prevent them from getting awarded damages entirely.
The reality is that you can file a lawsuit even if you are partially responsible for your injuries. While some states will prevent plaintiffs who are partially at fault from recovering damages, New York does not. However, the defense may try and use the fact that an accident was partially your fault to try and lower the amount they will have to pay you as damages. If the accident was more than half your fault, you may be prevented from recovering damages entirely.
For a free review of your situation, call our New York City car accident lawyers from The Carrion Law Firm at (718) 841-0083.
Am I Allowed to File a Car Accident Lawsuit When Partially at Fault in New York?
Historically, the law held that if someone were in any way responsible for their own injuries, they would lose any legal battle they chose to have about it after the fact. While some states still follow this archaic practice to some degree, most states have adopted laws that do not prevent plaintiffs from being awarded damages if some of the accident was their fault.
New York is one such state, and under C.V.P. Law § 1411, plaintiffs who were partially responsible for their injuries are still able to file lawsuits and recover damages.
The original idea behind limiting plaintiffs who partially caused their own injuries from recovering damages was to encourage people to act reasonably and carefully to avoid harm. However, in many cases, this rule would prohibit very deserving plaintiffs from getting the compensation they need, so it has largely been done away with.
With that being said, it will influence your case if the car accident was partially your fault. Under New York law, while you still can get damages for your injuries, the amount you get will be diminished in proportion to how much you were at fault. For example, if you were 30% at fault for a car accident and the court awarded you $1,000,000 in damages, you would get $700,000 in damages instead, proportional to your contribution to the accident happening.
What if I am Responsible for a Large Portion of the Car Accident?
Many states follow what is known as a “modified comparative negligence” rule. Under this rule, if a plaintiff’s share of blame for a car accident exceeds that of the defendant, they may be completely barred from recovering damages. New York does not follow this rule.
Instead, New York follows a “pure comparative negligence” rule. Under this rule, there is no cut-off for how much blame you may share for an accident before you can no longer recover damages. Theoretically, you could be 90% responsible and still recover 10% of your damages.
Dealing with Partial Fault in a New York City Car Accident Lawsuit
Since partial responsibility can cut into your damages, the defendant could make it part of their strategy and exaggerate your role in the accident to drastically lower what they have to pay. Fortunately, our Long Island car accident lawyers are familiar with these kinds of cases and have some strategies for how to deal with a car accident lawsuit where the accident was partially the plaintiff’s fault.
Avoid Unnecessary Disclosures
One of the most important things for any plaintiff in a car accident lawsuit is to watch what they say to adverse parties. This is because people going against you in a lawsuit are looking for anything they can use to make their case stronger, and that includes things you say. Even a statement as seemingly simple as “my bad” or “I hit the other car” can be used against you to try and exaggerate how much of a car accident was your fault.
An adverse party does not always mean the opposing lawyer. It can also include insurance companies that are trying to avoid having their policies kick in to pay out coverage.
Have a Lawyer Handle Conversations
In general, it is a better idea to have our Queens car accident lawyers interact with adverse parties instead of you. This is because they have professional skills for handling these kinds of situations and can work to make sure that the percentage of fault that is attributed to you is explained clearly and not obfuscated by crafty arguments on the part of the defense.
However, there are some instances where you will have to speak with an adverse party yourself. The most likely place where this would happen is a deposition, which is a formal, under-oath interview where lawyers get to ask those involved in the case questions. Although you will be answering the questions in a deposition, our lawyers will be present to make sure everything is done fairly.
Do Not Lie or Downplay
It is very important that you do not appear to downplay your contribution to an accident in a deposition. Trying to hide the truth is one of the fastest ways to lose a case. Instead, you should answer questions truthfully but not exaggerate any involvement you may have had in the accident taking place. Our lawyers can work with whatever the truth may be to form the strongest argument possible for your case.
Why You Could Be Partially Responsible for a Car Accident in NY
It can be difficult to determine if someone is partially responsible for a vehicle accident. Even if someone is partially to blame, how do we determine their share of blame? This decision is reserved for the trier of fact, which may be the judge or a jury, and will vary from case to case.
An important factor in many accident cases is speeding. Even if speed did not directly cause the accident, it likely made it worse. If the plaintiff in a car accident case was speeding, the defendant may argue that they contributed to the crash or worsened their own damages.
Even if the defendant in your case directly caused the accident, they might argue that you partially contributed to it if you also committed a traffic violation. Suppose they caused the accident because they failed to yield to oncoming traffic when they were supposed to. Next, suppose it was nighttime and your headlights were off, making it harder to see you coming. In that case, the defendant could argue that you are partially responsible.
Can Failure to Wear a Seatbelt Be Used Against Me in a NY Car Accident Case?
Perhaps the most common question asked of drivers after accidents is about whether they were wearing a seatbelt. Seatbelts have been proven time and again to be one of the most important safety inventions, and they save lives all the time. However, some drivers still choose not to wear one.
In New York, defendants in car accident cases may highlight the plaintiff’s lack of a seatbelt and use it against them. They might argue that the plaintiff’s injuries could have been much less severe if they had worn a seatbelt.
While some states have laws that prohibit using the lack of a seatbelt as evidence of contributory negligence, New York does allow such considerations. If you deliberately chose not to wear a seatbelt or forgot to put it on, it might be used to prove comparative negligence claims.
What if My Share of Fault for a Car Accident is Minimal?
Even when a plaintiff’s negligence is somewhat minor, it may still be grounds for a reduction in their damages according to New York’s pure comparative negligence laws. As such, you should talk to your attorney about your accident in great detail, as you might have done something negligent without realizing it.
When damages are very high and a lot of money is on the line, even minor acts of negligence might lead to big reductions in damages. For example, suppose a case involves a severely injured driver and multiple injured passengers, and their damages amount to $500,000. Next, suppose the jury determines that the plaintiff driver is only 5% responsible for the collision. In that case, the plaintiff’s damages may be reduced by 5%, which is a whopping $25,000.
Do not assume that minor acts of negligence have little to no consequences. Even something as simple as going 5 or 10 miles per hour over the speed limit might cost you thousands in potential compensation.
How to Fight Claims of Contributory or Comparative Negligence in a NY Car Accident Case
Even if the defendant tries to argue that you contributed to the accident, they must be able to prove their claims. If they do not have enough evidence, we might not have to do much to convince the court that their claims are bogus.
When fighting claims of comparative negligence, we need evidence of your actions and behavior during the accident. For example, many drivers have dashcams that record video footage of the road ahead and the inside of the vehicle. Such footage might reveal that you did nothing wrong before and during the accident.
Even if you did something that could be considered negligent, we might be able to argue that it did not contribute to the crash. The defendant might argue that you were speeding and thereby made the accident and your injuries worse. We might argue that your rate of speed was only slightly over the speed limit and likely made no significant difference in the outcome of the crash.
Talk with Our New York City Car Accident Lawyers Today
The Carrion Law Firm’s Staten Island car accident lawyers are ready to help you with your case when you call (718) 841-0083.