How Does New York Negligence Law Apply to Car Accidents?

Most people understand that their ability to recover compensation in motor vehicle accidents depends on who was at fault for causing the accident. This is true in all states. If you suffer a serious injury in a car accident, consult a Brooklyn car accident attorney and find out about your rights to recover damages.

New York bases negligence on a legal concept called pure comparative fault, which is covered under New York Civil Practice Law and Rules (CPLR) § 1411. In an accident case, the court compares the plaintiff’s percentage of fault for causing the accident with the defendant’s percentage of fault. For example, if another driver was texting, not paying attention and ran into you, but you were not wearing a seat belt, both of you had a percentage of fault. The court or jury assigns fault percentages. In this case, suppose the jury assigns the other driver 70 percent fault and assigns you 30 percent fault because the court believes your extent of injury would have been less had you worn a seat belt. With this adjudication, you can recover 70 percent of the damages in your claim. If damages were $100,000, you could recover $70,000. Your fault does not bar your recovery, but it does reduce the amount you can recover.

Your car accident attorney in Brooklyn advocates on your behalf in a car accident case and works to convince the judge and jury of the defendant’s extent of fault in an accident. When arguing for a fair recovery, lawyers provide you with an advantage based on their experience estimating medical costs and future expenses resulting from the accident.

Goldberg Sager & Associates brings more than 50 years of combined experience to negotiate or take your case to trial. Find out how we can help.