Even the most careful of drivers can suffer from lapses in concentration or make mistakes that can lead to accidents. If you’ve been involved in an accident and may have been at fault, don’t keep searching “car accident lawyer near me.” At Surdez & Perez in Queens, NY, we are the answer to your search.
What If I’m Partially at Fault for a Car Accident in New York?
New York law operates a comparative negligence system, which affects the damages that you might be awarded. Here’s what that means:
Pure Comparative Negligence
New York follows a pure comparative negligence rule. This means that even if you’re partially at fault for the accident, you can still recover damages from insurance. However, the amount you can recover will be reduced by your percentage of fault.
In some states, the comparative negligence law means that you are only eligible for compensation after an accident if you were less than 49% (or in other states less than 50%) responsible for an accident. However, in New York, you can recover some damages even if you are judged to be responsible for the majority of the fault.
Determining Fault
Fault is determined by assessing each party’s actions leading up to the accident. Factors such as speeding, reckless driving, running a red light, or failure to yield are considered. If it’s determined that you were, say, 30% at fault for the accident, any damages awarded to you will be reduced by 30%. For example, if your damages from an accident were $10,000, but you were ruled to be 30% at fault, you would only recover $7,000.
What Can A Car Accident Lawyer Near Me Do To Help?
Legal Action
Insurance adjusters will investigate the accident and determine the degree of fault for each party involved. They will use this information to negotiate settlements.
If you disagree with the insurance company’s assessment of fault or the compensation offered, you can file a lawsuit. A judge or jury will then decide the degree of fault and the resulting compensation. If you do go to court over an insurance company’s assessment, one of our car accident lawyers can help prepare a strong case and argue your case in front of a judge and jury to secure you the best possible result.
Statute of Limitations
In New York, there’s a limited time to file a lawsuit for personal injury or property damage resulting from a car accident. You generally have just three years from the date of the accident, so it’s best to get in touch with a lawyer as soon as possible to get the process started quickly.
If you’ve been involved in an accident where you are or may be considered to be partially at fault, then don’t delay. Get in touch with us at Surdez & Perez in Queens, NY. Our experienced car accident lawyers are well acquainted with New York law and can guide you through all stages of the process.
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