When you are involved in a serious car accident, you will most likely wish
to pursue your legal options for recovering compensation for the damages
you sustain. However, your ability to do so will be directly impacted
by the degree to which you are at fault. This level, usually determined
through investigations of the incident, will then be used as the basis
for determining how much you will be eligible to recover. This is referred
to as New York’s “Comparative Fault” law.
There are three types of comparative fault laws that every U.S. state falls
under. New York’s is one of the most forgiving for drivers, known
as “Pure Comparative Fault.” What this says is that all drivers,
even those deemed to be 99% at fault, are eligible to recover damages.
However, your recovery may be reduced or mitigated by your percentage of fault.
What this means is that if you are involved in an accident, you will be
eligible to recover damages unless you are deemed to be completely at-fault.
This has been criticized for allowing mostly at-fault plaintiffs to still
recover, however it is good for drivers in that it does mean everyone
is held responsible for the portion of an incident which they caused.
When you are involved in a car accident, it’s important that you
perform your due diligence under the law and report the claim to your
insurance company as soon as possible, including undergoing your insurance
interview. Doing this and being as thorough as possible with details can
assist your case greatly, as well as possibly even reduce or eliminate
your fault entirely, depending on the results of the investigation.
After doing so, it is important to secure the services of a skilled New
York car accident attorney who can assist you with this comparative negligence
law. A lawyer can analyze the facts and evidence provided to your case
and determine the best course of action for pursuing your compensation,
as well as protect you in the event the other party attempts to sue you
for damages of their own.
If you need legal assistance after an auto accident in New York, reach
out to the professional team at
Loscalzo & Loscalzo, P.C. Our lawyers have helped New Yorkers with their personal injury and auto
accident cases for more than 46 years. The experience our team has accrued
over that time has allowed us to develop a long record of successful cases
and satisfied clients. We take pride in placing the service of our clients
first, providing each of them with an open line of communication, constant
updates, and legal advice that places their needs and best interests at
the forefront of the process.
Call Loscalzo & Loscalzo, P.C. at (646) 846-4776 today and schedule
your free, no-obligation
case evaluation with one of our top-rated attorneys.