Car accidents not only lead to painful and traumatic injuries but can also cause you to need an entirely new car with no money to spare. To make things more complicated, it can be difficult to determine who exactly is responsible for the accident. It is not unusual for a car accident victim to learn that they may be partially at fault in a car accident.
Therefore, if you believe that you have a partially at-fault car accident on your hands, do not let this keep you from getting in touch with a Suffolk County car accident lawyer as soon as possible. They will review your legal options and explain how much compensation you may recover even though you share some liability for the accident.
How could I be found partly responsible for a car accident?
Being found partially at fault in a car accident means you share some of the responsibility for causing or contributing to the crash. While the other driver may be more at fault, you can still share some responsibility.
Some of the maneuvers that our clients have been found responsible for when it comes to partially at-fault car accidents are failing to use a turn signal, failing to check blind spots, and making improper lane changes. While these maneuvers may seem like small mistakes or errors, they can still contribute to an accident.
Can I still file a claim if I am found partially at fault in a car accident?
The good news is that New York is a no-fault car insurance state, meaning that your car insurance will pay for no-fault benefits regardless of whether or not you share fault for the accident. This usually includes losses such as medical costs, lost income, and out-of-pocket expenses. However, the amount of compensation that you receive will likely depend on the type of insurance coverage you have.
As a New Yorker, you are required to have both personal injury protection and liability insurance, but you also have the option to increase your coverage. Since anyone can be severely injured in a car accident at any time or place, increasing your coverage by as much as possible is wise. You do not want to wait until you are involved in a crash to start regretting your coverage limits.
What’s the difference between partial and shared fault?
New York follows a pure comparative negligence rule regarding a partial fault accident. This means the court will decide how much fault you share for the accident.
Suppose the court believes that you were 40 percent at fault for the crash and that the other driver is 60 percent at fault. In that case, you are entitled to 60 percent of the compensation you would have been awarded if the other driver was found to be 100 percent at fault.
Even though shared fault car accidents can be very complex and difficult to understand, a car accident attorney will do their best to ensure that everything remains smooth and stress-free. You and your attorney will work together to collect evidence to show that you were only partially at fault. Some of the evidence that you may need to do this include:
- Video and surveillance footage
- Medical records and bills
- Police reports
Hiring a car accident lawyer for your shared-fault car accident will ensure that the facts and details of your case are correctly presented to the judge and insurance companies. Your attorney’s goal is to guide you through the challenges that arise with this type of case and stand up for your right to the compensation you are owed.
Call a Suffolk County car accident lawyer today
If you suffer injuries from a partially at-fault car accident, Carner & DeVita is here to help you. Our car accident lawyers investigate various car accidents, handle all communication with insurance companies, and build strong cases to show that the defendant was negligent.
Before talking to anyone about your accident or admitting fault, call our office at (631) 543-7070 or contact us today. We will schedule your free case evaluation at your earliest opportunity.