As we all know, even the most conscientious and alert driver can be hurt in an accident caused by the negligence of someone else whose actions are solely to blame for the accident. The skilled attorneys at Maynard O’Connor assist clients every day to receive the compensation they deserve after being injured by someone else’s negligence.
But what if you believe you may be partly to blame for the accident? Maybe a driver failed to yield the right of way through an intersection, but the injured party admitted to the police officer that she was speeding through the green light. Or maybe a pedestrian crossing the street was reading a text message when he was struck by a vehicle. If you are partially at fault for the accident, do you still have a personal injury case?
Comparative Negligence and Car Accidents
If you are wondering whether or not you still have a personal injury case if you are partially to blame for the accident that left you severely injured, what you are really wondering about is comparative negligence, also known as comparative fault. Comparative negligence is an important factor in many personal injury cases, especially car accident cases.
What is Comparative Negligence?
In the legal context, negligence is a term used to describe an individual’s conduct when he or she does something that causes harm to another individual, or fails to do something that prevents harm from occurring. When an accident is caused by the negligence of one individual or party, fault for the accident is easy to assign. When more than one individual or party acts negligently and an accident occurs, comparative negligence comes in to play.
When an accident is caused by the negligent behavior of two or more parties, the fault must be divided up amongst the responsible parties. Comparative negligence is a way of distributing fault among the parties or individuals involved in an accident. It involves closely analyzing evidence, facts and the circumstances of an incident to determine how fault, or blame, should be allocated between the parties involved.
If I Was Negligent, Do I Still Have a Personal Injury Case?
Generally, the law allows an injured party to recover from a negligent driver even if the one bringing the suit was partly to blame for the accident. In that case, a jury compares the fault of each party involved in the accident, and awards a percentage of the injured driver’s damages reduced by that person’s own fault. While this would mean that any jury award or settlement might be less than if you did not share in the blame, it does not mean you don’t have a case. It’s also possible that what you thought was your own fault may not have been negligence at all.
The best way to find out if you have a personal injury case despite being partially to blame for a NY car accident that left you seriously injured is to consult an experienced car accident attorney.
Turn to the Car Accident Attorneys at Maynard, O’Connor, Smith & Catalinotto
If you are injured in a car accident, even if you believe you may be partly at fault, you need competent, aggressive counsel to fight for your rights and to help you obtain the compensation you’re entitled to.
The attorneys at Maynard, O’Connor, Smith & Catalinotto have decades of experience representing individuals injured in car accidents in Johnstown, Saugerties, Albany and throughout the greater Capital Region of Upstate NY. We’ve obtained impressive settlements and verdicts for past clients and would be glad to represent you as you pursue the compensation you deserve.
Interested in finding out how our team of personal injury attorneys can help you recover after your involvement in a car accident? Give us a call today at (800) 721-3553 or contact us online to schedule a free case review with one of our experienced NY car accident attorneys.
Related Resources:
Car Accidents, Medical Emergencies and the Medical Emergency Defense: Find out what happens and who is liable if you were injured in a car accident caused by a driver’s medical emergency behind the wheel.
Are Employers Liable For Employee Car Accidents?: Injured in a car accident while on the job? Find out if your employer will be held responsible.
5 Things to Do Immediately Following a Car Accident to Help Your Personal Injury Claim: Review this list so you are prepared to protect your rights if you’re involved in a car accident.
