We all hope to never be involved in an automobile accident, but they are an unfortunately common occurrence on our roadways at tens of millions of accidents per year. If you’ve been in a car crash that resulted in personal injury, then your first concern is probably whether or not you are at fault. Determining fault in an auto accident can also affect the amount of compensation you receive for your injuries, so it’s important to understand how this is determined to ensure you’re receiving what you are entitled to.
How Is Fault Determined In NY Auto Accidents?
In the state of New York, fault in car accidents is determined based on the Comparative Fault approach, with each driver accepting a percentage of the fault anywhere between being found not at fault at zero percent and being found completely at fault at 100 percent. Whatever percentage of fault you are determined to have is the percentage that will be removed from your compensation amount. Some states use a proportional comparative method, which prohibits injured drivers found 50 percent or more at fault (sometimes 51 percent or more) from collecting any sort of recovery for their injuries, but New York does not have this exclusion, so you could still receive a reduced portion of what’s owed to you. If, for example, you are found to be 60 percent at fault, you would still be entitled to 40 percent of the compensation.
Other than the typical rear-end scenario, fault is measured based on a number of circ*mstances, including speed limits, witness statements, traffic lights and other markers, mobile phone involvement, weather conditions, etc. Even so, the percentage of fault is determined very much on a case by case basis. To get your questions answered regarding fault or for experienced representation after your auto accident, contact the personal injury lawyers at Girvin & Ferlazzo in Albany.
