If you are injured in a car accident, you may be able to file a personal injury lawsuit against the at-fault driver to recover compensation for your medical expenses, lost wages, and other damages. However, even if you are clearly the victim of the accident, there is a chance that you could still be found partially at fault. This is because most states follow the principle of comparative negligence. If you are injured in a car accident, it is important to contact an experienced New York City Personal Injury Lawyer to discuss your rights and options.
What is Comparative Negligence?
Comparative negligence is a legal doctrine that allows a defendant in a personal injury lawsuit to argue that the plaintiff was also partially responsible for the accident. If the defendant is successful, the plaintiff’s damages award will be reduced by their percentage of fault.
For example, if a plaintiff is found to be 20% at fault for a car accident, their damages award will be reduced by 20%. This means that if the plaintiff’s total damages are $100,000, they will only be able to recover $80,000 from the defendant.
There are three main types of comparative negligence:
- Pure comparative negligence: Pure comparative negligence allows plaintiffs to recover damages even if they are 99% at fault. However, their damages award will be reduced by their percentage of fault.
- Modified comparative negligence: Modified comparative negligence has a variety of different forms, but most states that follow this rule bar plaintiffs from recovering damages if they are more than 50% at fault.
- Contributory negligence: Contributory negligence is the harshest type of comparative negligence rule. Under contributory negligence, plaintiffs are barred from recovering damages if they are even 1% at fault for the accident.
How Comparative Negligence Affects Car Accident Cases
Comparative negligence can have a significant impact on car accident cases. If you are being sued for a car accident, the defendant may argue that you were partially at fault for the accident. This could be based on a variety of factors, such as:
- Driving under the influence of alcohol or drugs
- Speeding
- Reckless driving
- Failing to yield the right-of-way
- Distracted driving
- Driving a vehicle that is not in good repair
If the defendant is successful in arguing comparative negligence, your damages award will be reduced by your percentage of fault. This could have a significant impact on your ability to recover compensation for your injuries and losses.
How to Protect Yourself in a Comparative Negligence Case
If you are being sued for a car accident, it is important to take steps to protect yourself. The first step is to contact an experienced car accident lawyer. A lawyer can help you understand your rights and options, and they can develop a strategy to defend you against the lawsuit.
In addition to hiring a lawyer, there are a few other things you can do to protect yourself in a comparative negligence case:
- Gather evidence: The more evidence you have to support your case, the better your chances of success. This could include police reports, witness statements, and medical records.
- Be cooperative: Be cooperative with your lawyer and the insurance company. This means providing them with all of the information they need and responding to their requests promptly.
- Be honest: Be honest with your lawyer about your role in the accident. This will help them to develop a strong defense strategy.
Also read: Car Accident Attorneys: What Do They Do?