A car accident creates immediate chaos and lingering questions, especially if the other driver suggests you share some blame for the collision. Many drivers in New York City incorrectly believe that being partially at fault bars them from financial recovery; however, the state’s laws operate differently.
New York’s pure comparative negligence rule directly addresses how compensation works when more than one person contributes to an accident. This principle allows you to seek damages even if you were partially responsible for the crash.
Key Takeaways for New York’s Pure Comparative Negligence
- You can recover damages even if an insurer finds you at fault for the accident, but your final compensation award gets reduced by your percentage of fault.
- The evidence collected from the scene plays a crucial role in how fault percentages get assigned.
- Insurance adjusters, not police officers, make the official determination of fault for civil claims.
- An experienced attorney can challenge an unfair fault assessment made by an insurance company.
Defining the Pure Comparative Fault Rule in New York
New York law recognizes that accidents are rarely black and white. More often than not, multiple factors and actions contribute to a collision. To account for this reality, the state adopted a specific legal standard to allocate financial responsibility.
New York’s pure comparative negligence rule permits anyone injured in an accident to pursue a claim for damages, regardless of their level of fault.
This approach differs significantly from the laws in other states, some of which prevent you from recovering any compensation if you bear a certain percentage of the blame.
Here, the system works on a sliding scale. First, an insurance adjuster investigates the crash and assigns each driver a percentage of fault. If your case later goes to trial, a judge or jury makes the final determination; your total damages are then reduced by your share of fault.
The Math Behind Your Financial Recovery
The calculation itself is straightforward. Imagine your total damages for medical bills, lost income, and pain and suffering amount to $300,000. After reviewing the evidence, the insurance company or a jury determines that you were 5% at fault for the collision.
Under New York’s pure comparative negligence, your final recovery would be reduced by your 5% share of the fault. This means you could still recover $285,000.
A Practical Example in New York City
Consider a common scenario on a busy street, such as Flatbush Avenue in Brooklyn. A driver makes a left turn without a clear right of way and collides with a vehicle that was driving 10 miles per hour over the speed limit—the driver who was speeding sustained significant injuries.
The turning driver clearly holds the majority of the fault for failing to yield. However, the other driver’s speeding also contributed to the accident. In this case, an adjuster may determine the speeding driver was 10% at fault.
How Insurance Companies Determine Fault After a Crash
Insurance adjusters for all parties involved begin a detailed investigation almost immediately after an accident. Their primary goal is to determine the sequence of events and assign liability based on the actions of each driver.
Adjusters gather evidence to construct a narrative of the accident, scrutinizing traffic law violations, signs of distraction, and other contributing factors. The percentage of fault they assign directly impacts the amount of money they have to pay out, making this a critical part of the claims process.
Without strong evidence, an adjuster might unfairly attribute more blame to you, thereby diminishing your claim’s value and saving their company money.
Reviewing the Police Report
The official police report provides the first building block for an adjuster’s investigation. While the officer’s opinion on fault isn’t legally binding in a civil claim, the report contains objective facts that carry significant weight. Adjusters scrutinize this document for key information.
Important details they examine include:
- Diagram of the Accident Scene: The sketch shows vehicle positions, skid marks, and points of impact.
- Statements From Drivers and Witnesses: The report may include initial accounts of what happened from the involved parties.
- Traffic Citations Issued: A ticket for a moving violation suggests a breach of duty and points toward negligence.
- Observed Conditions: The report notes weather, road hazards, and visibility at the time of the crash.
Analyzing Physical and Documentary Evidence
Beyond the police report, adjusters seek additional evidence to support their case. They want to corroborate the story and fill in any gaps left by the initial report. The strength of this evidence directly influences their determination of fault.
Common types of evidence include:
- Photos and Videos: Pictures of vehicle damage, road debris, and injuries provide powerful visual context.
- Witness Contact Information: Independent witnesses with no stake in the outcome can offer unbiased accounts.
- Accident Scene Details: The length of skid marks can help calculate vehicle speed, while debris fields indicate the point of impact.
- Vehicle Damage Appraisals: The location and severity of damage help explain the crash dynamics.
Interviewing All Parties Involved
Finally, adjusters conduct recorded interviews with each driver. These statements are a crucial part of their process. They ask specific, detailed questions designed to get you to describe the accident in your own words.
They compare your statement to the other driver’s account and the physical evidence. An adjuster may use any inconsistencies or admissions against you to assign a higher percentage of fault. This part of the process highlights the importance of having a clear and consistent account of the events.
Evidence That Influences Fault Determination
A favorable outcome in a claim involving New York’s pure comparative negligence often depends on the quality and strength of the evidence. Compelling proof helps construct a clear narrative that shows the other driver bears the lion’s share of responsibility for the crash.
Certain pieces of evidence prove particularly persuasive.
- Video and Digital Evidence: A lawyer obtains powerful proof from dash cams, traffic cameras, and nearby surveillance systems to create a clear picture of the accident as it happened.
- Vehicle Event Data Recorders: Your attorney can work to secure the black box data from vehicles, which provides objective information on speed, braking, and steering inputs moments before impact.
- Independent Witness Statements: Your legal team locates and interviews neutral witnesses who offer an unbiased perspective that may support your story.
The Impact of Common Traffic Violations on Fault
Traffic laws exist to create a safe and predictable flow of vehicles. When a driver violates one of these rules and causes a crash, it’s strong evidence of their negligence. Insurance companies and courts look closely at traffic infractions when applying New York’s pure comparative negligence.
A driver who runs a red light at an intersection in Manhattan or makes an unsafe lane change on the Bruckner Expressway often bears a high percentage of fault. These actions directly breach their duty to operate their vehicle with reasonable care.
Other common violations include:
- Distracted Driving: Texting, talking on the phone, or otherwise not paying attention to the road is a major cause of collisions.
- Speeding: Exceeding the speed limit reduces a driver’s reaction time and increases the severity of an impact.
- Following Too Closely: Tailgating leaves insufficient room to stop if the vehicle ahead brakes suddenly.
- Failure To Yield: Ignoring stop signs, yield signs, or the right-of-way of pedestrians and other vehicles often leads to serious crashes.
- Driving Under the Influence: A driver impaired by drugs or alcohol demonstrates a clear disregard for the safety of others.
Proving that the other driver committed a traffic violation strengthens your position in a shared fault case. A ticket issued at the scene is a powerful piece of evidence, but even without a citation, a lawyer can use other evidence to demonstrate the other driver’s unlawful actions.
This proof helps minimize your percentage of fault and maximize your potential financial recovery.
How a Lawyer Helps With New York’s Pure Comparative Negligence
A car accident lawyer plays an essential role in protecting your rights in a shared fault case. They take over the entire legal process, allowing you to focus on your medical recovery. Their knowledge of insurance company tactics and the local court systems provides you with a distinct advantage.
Your lawyer acts as your advocate from the moment you start working together. They handle all communication with insurance adjusters, preventing you from giving a statement that could be used against you.
They work to build the strongest case possible to reduce your assessed percentage of fault in several ways:
- Conducting a Private Investigation: Your attorney won’t just rely on the police report. They’ll gather their own evidence, such as securing surveillance footage from nearby businesses, interviewing new witnesses, and accessing vehicle data recorders.
- Expert Testimony: Your attorney may work with outside professionals to create a detailed claim. Medical professionals record your injuries, linking them directly to the accident and outlining the full extent of your required future medical care. A lawyer can partner with economic experts to calculate the full scope of your financial losses.
- Calculating Your Total Damages: Your lawyer will compile all of your economic and non-economic losses, including current and future medical bills, lost wages, and pain and suffering, to establish the full value of your claim before any reductions.
- Negotiating With the Insurance Company: Attorneys are skilled negotiators who know how to challenge an unfair, lowball settlement offer. They use the evidence they have gathered to argue for a lower fault percentage for you and a higher one for the other driver.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your lawyer can take your fight to court and present your case to a jury.
FAQ for New York’s Pure Comparative Negligence
What if the Other Driver Blames Me for the Accident?
Drivers often try to shift blame after a collision to avoid responsibility. You must not accept their version of events. Stick to the facts, avoid arguing at the scene, and report the accident to the authorities and your insurance company.
Your lawyer’s independent investigation helps determine how fault gets assigned based on the available evidence.
Does a Police Report’s Finding of Fault Determine My Claim’s Outcome?
No, the police report doesn’t legally determine the outcome of your civil claim. While insurance adjusters review the report as an important piece of evidence, it’s just one part of a larger investigation.
The officer’s conclusions aren’t binding, and your attorney will conduct an independent investigation to gather additional evidence that may present a more accurate picture of how the accident truly happened and who bears responsibility.
How Does New York’s Pure Comparative Negligence Affect a Passenger’s Injury Claim?
A passenger is rarely found to be at fault for a car accident. As an injured passenger, you can generally pursue a claim for compensation from the insurance policies of all the negligent drivers involved in the crash.
The principle of New York’s pure comparative negligence is used to allocate financial responsibility among the drivers; your recovery is typically not reduced unless you took a specific action, such as distracting a driver, that directly contributed to the crash.
How Long Do I Have To File a Lawsuit in New York?
New York law generally gives you three years from the date of an accident to file a lawsuit for a personal injury claim. If you miss this legal deadline, called the statute of limitations, the law forever bars you from pursuing compensation in court.
To effectively build your case, contact an attorney early. This allows ample time to investigate the crash thoroughly, gather essential evidence, and construct a strong case well in advance of any official deadlines.
What if I Disagree With the Insurance Company’s Fault Determination?
You have the right to challenge an insurance company’s decision. If you believe the adjuster has assigned you an unfairly high percentage of fault, your attorney can present counter-evidence and argue for a more accurate assessment.
These negotiations are a standard part of the claims process, and a lawyer’s intervention can often lead to a more favorable outcome.
Protect Your Interests With The Rothenberg Law Firm
Your focus after a car accident should be on your physical and emotional recovery, not on a prolonged fight with an insurance company. The complexities of New York’s pure comparative negligence can add stress to an already difficult time.
Securing legal representation allows you to place the burden of your claim onto a dedicated professional. Taking action positions you to rebuild your life on a secure financial foundation. If you’ve been injured in an accident, don’t speak to insurance companies alone.
With over 50 years of experience and billions recovered for clients, The Rothenberg Law Firm knows how to handle complex injury cases. Call 1-800-624-8888 today for your free consultation.
