What if I Was Partially at Fault for the Accident?

If another person’s negligence injures you, seek the compensation you’re entitled to in a personal injury claim. If you share fault in the matter, you may believe it violates your right to compensation. But that isn’t how it works in the State of New York. You can pursue compensation for the percentage of fault the other party is responsible for – even if you share some or most of the blame. Shared fault is a complicated legal matter; having an experienced Buffalo car accident personal injury attorney backing you up is always in your best interest.

New York Employs Pure Comparative Fault

New York employs what’s called pure comparative fault in personal injury claims. This means you can pursue whatever percentage of your losses the other party is responsible for – even if you bear more fault than the other party. In such a case, however, the other party can also seek compensation for the percentage of their losses you’re determined to be responsible for. In other words, things can get very complicated very quickly.

Working with a determined personal injury attorney helps to ensure that the other party in your case will be held fully responsible for their fault in the matter, which could be 100 percent. Assigning fault in a personal injury claim must be done on a case-by-case basis, but the following examples highlight the basics:

• If a drunk driver runs a red light and T-bones you while you’re passing legally through an intersection, they’re likely to be found 100 percent responsible for your losses.
• If you were speeding when a distracted driver sideswiped you, your excess speed may be identified as playing a role in the accident, and your settlement will be reduced accordingly.

Calculating Compensation

If you are ultimately determined to bear a specific percentage of fault, your settlement will reflect this fact. Let’s consider a straightforward example that illustrates how this works. Suppose you are assigned 10 percent of the fault in a car accident where a distracted driver hits you. In that case, your compensation for the physical, financial, and emotional losses you experience will be reduced by 10 percent. If your total losses amount to $50,000, your settlement or court award will reflect that 10 percent reduction – leaving you with $45,000.

Seek the Skilled Legal Guidance of Our Experienced Buffalo, NY Partial Fault Accident Attorneys Today

The well-respected Buffalo personal injury attorneys at Steve Foley Law Firm recognize the importance of definitively establishing the full extent of the other party’s fault in your claim and are well prepared to do so. Our seasoned legal team has an imposing track record of successfully defending our valued clients’ rights, and we look forward to doing the same for you. For more information about how we can help, please don’t wait to reach out and contact us online or call us at 716-575-3236 today.