If you were partially at fault in a truck accident, don’t assume you’re out of options. If you were injured, you may still be able to get compensation. This is because New York operates under the rule of comparative negligence, meaning every party involved has the chance to recover money even if they were at fault.
For example, if a jury decides that a driver was 99% responsible in a New York truck accident, they could technically still recover money, although the amount will be reduced by their degree of fault.
It’s important to understand the role that fault (liability) plays in a truck wreck case. Assigning liability will determine how much money the injured party will receive and how much the at-fault party needs to pay. A Long Island truck accident lawyer at Carner & DeVita will work to help you avoid liability and recover the maximum amount of compensation so you can focus on recovery.
To speak with a professional about your case and schedule a free case consultation, call Carner & DeVita at (631) 543-7070.
New York Comparative Negligence Law
New York is one of 13 states that recognize the rule of pure comparative fault. Comparative negligence (also known as comparative fault, or shared fault) assigns fault between the parties involved in a truck accident.
If a jury finds that the driver of the truck was 70% at fault and the injured driver of the car was 30% at fault, the injured driver can receive compensation equal to the percent the truck driver as at fault (that is, 70% of their total damages). In other words, the amount that the injured driver recovers is reduced based on their own degree of fault.
For example, Driver A is about to turn left at an intersection. They don’t have a green arrow, but Driver B, who is operating a semi-truck, looks like they’re far enough away for Driver A to make the light. However, Driver B is speeding and hits Driver A. The jury finds Driver B to be 70% at fault. Because Driver A is 30% at fault and the total value of their injuries was $100,000, Driver A can recover $70,000.
This is why you should never assume you’re unable to receive compensation if you were partially to blame for the truck accident. In New York, if both drivers are equally at fault they can still recover compensation. Even if a driver is 99% at fault, they can recover the remaining money.
If you were injured in a truck crash in New York, let an experienced Long Island truck accident attorney represent you and fight to get you the compensation you need.
New York is a pure comparative negligence state. That means that those involved share fault, but not necessarily the same amount of money in damages. Tractor-trailer accidents are especially dangerous and often result in severe injuries, making it even more important to hold the truck driver or their employer responsible.
Among many other laws, the truck accident attorneys at Carner & DeVita utilize New York’s Vehicle and Traffic Law (VTL) in establishing truck driver negligence. This law states that the owner of a vehicle (including trucks) will be held liable if their act of negligence while driving causes death, injury, or damage to personal property.
In determining negligence, your Long Island truck accident attorney at Carner & DeVita will need to establish several things:
- The truck driver owed you a duty of care to drive responsibly
- The truck driver breached that duty
- Their breach of duty caused your injuries
- There is proof of your injuries and/or excessive monetary loss
Of course, because New York is a pure comparative fault state, the truck driver may take action against you if you were partly responsible. Their injuries may be costly, making it even more important to hire an experienced truck crash lawyer to represent you and your best interests.
For help in your New York truck accident case, call Carner & DeVita at (631) 543-7070.
Long Island Truck Accident Attorneys
You don’t have to suffer alone after being in a New York truck crash. The experienced attorneys at Carner & DeVita will help you pursue damages and recover the compensation you need to focus on recovery. Don’t let the truck driver’s employer intimidate you into not hiring a lawyer; this is a tactic often used to avoid paying you the money you deserve.
Exercise your legal rights with a Long Island truck crash lawyer at Carner & DeVita. Call (631) 543-7070 today to schedule a free, no-obligation case consultation.