Can A New York Accident Lawyer Still Help Me If I’m Partially At Fault?
After an accident, many people ask themselves: “Was any of this my fault?” You may wonder if you can still file a claim if something you did contributed to the accident. The good news is that in New York State, you can still file a claim even if you were partially at fault.
New York law allows injured people to seek compensation even when more than one person shares responsibility for an accident. A New York accident lawyer at Cellino Law can review the details of your case, explain how fault may affect your claim, and help you understand your options. Schedule a free consultation online or call us at 888-888-8888 to speak with our team and learn more about your rights.
Key Takeaways
- New York allows injured people to pursue compensation even if they were partially at fault.
- New York follows a rule called pure comparative negligence.
- Your compensation may be reduced based on your percentage of fault.
- Insurance companies may attempt to place more blame on you to reduce what they pay.
- A New York accident lawyer at Cellino Law can review your case and help protect your rights.
New York Is a Pure Comparative Negligence State
New York follows a rule called pure comparative negligence, which applies to most personal injury cases. This rule affects how fault is handled when more than one person shares responsibility for an accident.
Under this system:
- More than one person can share responsibility for an accident
- You can still pursue compensation even if you contributed to the accident
- Your compensation may be reduced based on your percentage of fault
Being partially responsible does not automatically prevent you from filing a claim. Even if you played a role in the accident, others who contributed can still be held responsible for their share.
How Comparative Fault Can Affect Compensation
Comparative fault affects how much compensation you may receive after an accident. Your damages are reduced based on your percentage of fault.
For example, if you are found to be 20% at fault for an accident, you could still recover 80% of your total damages. This can include medical bills, lost wages, and pain and suffering.
This system is called pure comparative negligence, and it applies no matter how much of the fault is assigned to you. Even if you are mostly responsible for the accident, you can still recover a portion of your losses.
Types of Cases Where Comparative Fault May Apply
Comparative fault can apply in many personal injury cases, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall injuries
- Construction accidents
These are just some of the types of cases where comparative fault can come into play. If you’re unsure whether you may be partially at fault, our team of experienced attorneys can review your case and help you understand your options.
Who Determines Fault After an Accident?
Several parties may review the details of an accident when fault is in question. These can include:
- Insurance companies
- Attorneys representing each side
- Judges or juries, if the case goes to court
Evidence used to determine fault may include:
- Police reports
- Witness statements
- Photos or video footage
- Medical records
- Accident reconstruction analysis
Because compensation depends on fault percentages, these details can make a significant difference in the outcome of a claim.
Why Insurance Companies Focus on Fault
Insurance companies review accidents closely to determine who was responsible. Their goal is to reduce the amount they may have to pay. One way they attempt to do this is by arguing that the injured person was more responsible for the accident.
This can include:
- Interpreting statements in a way that shifts blame
- Challenging how the accident occurred
- Offering settlements that do not reflect the full value of the claim
For this reason, it’s important to understand your rights before accepting an offer. An experienced accident lawyer can review the evidence and help determine if the insurance company’s position is fair.
How Can a New York Accident Lawyer Still Help Me If I’m Partially at Fault?
Even if you believe you were partially responsible for an accident, a lawyer can still help protect your claim. Fault is not always clear, and multiple parties may share responsibility.
A New York accident lawyer can help by:
- Reviewing the details of the accident
- Gathering evidence to support your claim
- Communicating with the insurance company on your behalf
- Explaining how your percentage of fault may affect your compensation
A New York accident lawyer at Cellino Law can review your case and help you understand your options. We’re here to help you every step of the way.
Steps You Can Take If You Think You’re Partially At Fault
Even if you think you played a role in the accident, there are steps you can take to protect your claim.
1. Don’t assume full responsibility
Accidents usually involve multiple factors. A thorough investigation may show that someone else contributed more than you realized.
2. Document the scene
Gather as much information as you can, including:
- Photos of the accident scene
- Contact information for witnesses
- Copies of any reports or records
3. Be cautious when speaking to the insurance company
Insurance representatives may contact you soon after the accident. Avoid guessing, speculating, or admitting fault until all the facts of the accident are clear.
4. Consult a personal injury lawyer
An experienced personal injury lawyer can review the circumstances and explain how New York’s comparative negligence rules apply to your case.
FAQ
Can I file a claim if I believe the accident was partly my fault?
Yes. Under New York law, being partially at fault does not prevent you from pursuing compensation.
What if the other person claims I caused the accident?
Disputes about fault are common. Evidence such as witness statements, police reports, and video footage can clarify what really happened.
How long do I have to file a personal injury claim in New York?
In most cases, the statute of limitations is three years from the date of the accident. Some claims, such as those involving government entities, may have shorter deadlines.
Should I speak with a lawyer if fault is unclear?
Yes. If you’re unsure whether or how much you may be at fault, a personal injury lawyer can review the evidence and help protect your rights.
Cellino Law Is Here To Support You
Being partially at fault for an accident does not automatically prevent you from seeking compensation in New York. Our team of experienced attorneys can review your case, gather the necessary evidence, and explain what options may be available.
Cellino Law represents clients across New York state. If you were injured and are unsure about your rights, you can schedule a free case evaluation online or call 888-888-8888 to speak with a New York accident lawyer.
Content checked by the personal injury attorney Timothy Cellino
Timothy Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community.
I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
