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Do I still qualify for legal remedies if I caused a car crash?

On Behalf of | Aug 29, 2023 | Motor Vehicle Accidents

Car crashes are a big issue in New York. The state’s Department of Health reports motor vehicle accidents are the leading cause of injury related deaths in the state. The agency estimates the state has over 1,000 deaths and 12,000 hospitalizations due to traffic related injuries every single year. Common causes of accidents include distraction, driving under the influence, and speeding.

Those who are injured in an accident and believe the crash was the other driver’s fault can use the legal system to hold that driver financially accountable. This can mean the victim can get funds to cover medical care and missed work.

What if I contributed to the accident?

The other driver may try to argue that you were at fault for the accident. This does not mean that you should give up your claim. In many serious cases, it is still worthwhile to pursue the claim. New York state law allows for the ability to recover funds in these situations. This is because New York follows a comparative negligence that allows recovery in these types of situations.

What is comparative negligence?

The legal world essentially defines negligence as a failure to act with care. Comparative negligence basically involves a comparison of the negligence of both parties. In this case, that means you and the other driver.

Let’s say you did contribute to the accident. Maybe you did not make a full stop at a traffic light or were distracted by a child in the back seat. The courts may determine that you were responsible for a percentage of the accident but that the other driver was responsible for the rest. They would then do a calculation to determine how much the other driver should pay to help do their part to remedy the situation.