Some people who get hurt in car crashes or similar incidents know exactly who is to blame. The driver who caused the crash ran a red light or was obviously drunk when they exited their vehicle. When fault is straightforward, the compensation process can be relatively easy to navigate.
Injured parties may have the option of seeking compensation through insurance. They can also potentially file a lawsuit against the party at fault for the collision. However, not all collisions involve cut-and-dry circumstances. Sometimes, everyone involved may have contributed a bit to the crash even if one party is clearly the party primarily responsible for the collision.
Those involved in a crash that is partially the fault of another driver and also partially their own fault may feel uncertain about their rights following a wreck. Can someone who contributed in a minor way to a crash in New York still seek compensation from another party involved?
New York has a contributory negligence rule
Crash claims in New York tend to be somewhat complicated regardless of fault. The combination of liability and no-fault insurance often means that people have to seek compensation from their own insurance policy and the policy of the driver at fault for the wreck.
When there is a degree of fault that the other party can assign to the claimant seeking compensation, that can affect how the insurance company negotiates. Personal fault ay also influence the rights of the injured party if they take the matter to court.
In a litigation scenario, New York’s contributory negligence statute comes into play. The courts determine how much fault each party involved had for the collision. They express that fault as a percentage. So long as the person seeking compensation is not 100% at fault, they can seek compensation.
Should the plaintiff prevail and secure an award of compensation in the courts, they do not receive the full amount included in the initial court order. Instead, the courts adjust the amount awarded based on the percentage of fault assigned to the plaintiff. If the courts declare them 10% responsible for the crash, then they may reduce the final award of compensation by 10%.
It is still worthwhile for an individual with major medical expenses and lost wages from a crash to take legal action even if they contributed in some way to the collision. Partial fault still allows an individual to seek compensation based on the fault that other parties had for the crash.
Learning more about New York’s unique negligence and personal injury statutes can be helpful for those dealing with expenses after a car crash. A small mistake like failing to use a turn signal does not eliminate someone’s right to request compensation from a party that is significantly more at fault for harm.