What If You Are Partially At Fault In A Car Accident?

Nov 24, 2020

Car accidents can result in injuries, disabilities, and property damage. Each of these issues could add up to significant financial problems.

Fortunately, however, accident victims might be able to receive compensation. Civil law enables those who believe such mishaps were another motorist’s fault to initiate legal action against them. That said, recouping the most compensation hinges on establishing fault.

The Levitsky Law Firm, personal injury attorneys Brooklyn, invites borough residents and all New Yorkers to read the following blog discussing the concept of fault and the events that will transpire if the plaintiff in a civil suit is found to bear some responsibility for causing the accident.

Determining Fault

During civil trials, a deciding entity like a judge or jury will hear the facts surrounding the case and assign a certain percentage of blame to all involved parties.

Unfortunately, an accident lawyer in Brooklyn stresses that judges and juries seldom assign 100 percent of the blame to the defendant, while holding the plaintiff absolutely guilt free.

Pure Comparative Negligence

Fortunately, however, the State of New York adheres to a civil principle known as pure comparative negligence. Under this statute, the plaintiff is entitled to recover damages even if they are found to be 99 percent at fault.

The following is an example of this principle in monetary terms. A plaintiff might seek $100,000 compensation but is ruled 25 percent liable for the incident in question. Therefore, their compensation is reduced by 25 percent, which in this case, would be $25,000. As a result, they would still walk away with $75,000 in damages.

Contacting Us

That said, the key towards earning significant compensation in a car accident case is hiring the right personal injury lawyer in Brooklyn. Said legal professionals possess the knowledge and experience needed to collect the proper evidence and formulate an argument placing most of the blame at the defendant’s feet. More about us can be found by accessing levitskylawfirm.com.