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You’re driving through a Manhattan intersection when another vehicle runs a red light and hits you. But you were slightly over the speed limit. Who pays for damages when both drivers share some blame?
At Macaluso & Fafinski, P.C., we are experienced New York personal injury lawyers serving Manhattan and all NYC boroughs who help clients navigate these situations every day. Understanding comparative fault in Manhattan motor vehicle accidents is essential to protecting your right to fair compensation.
New York follows a pure comparative negligence rule under CPLR Article 14, which means you can recover damages even if you’re partially responsible for an accident. Unlike contributory negligence states where any fault bars recovery, New York comparative fault law allows injured parties to pursue claims regardless of their fault percentage. Your compensation simply gets reduced by your share of responsibility.
This plaintiff-friendly approach recognizes that accidents often involve shared liability. When analyzing NYC accident comparative negligence, courts and insurance companies assign fault percentages to all parties involved. If you’re 30% at fault, you can still recover 70% of your damages from the other driver.
When we handle motor vehicle accident claims in Manhattan, gathering comprehensive evidence is the first step in determining fault percentages. Multiple factors contribute to how liability gets apportioned between drivers involved in NYC crashes.
Key evidence sources include:
Each piece of evidence builds a clearer picture of how the accident occurred and who bears responsibility. Official police reports filed with the New York DMV provide foundational documentation, but we often need additional evidence to present the strongest case.
The percentage of fault directly impacts your financial recovery in shared liability car accidents NYC. If you suffered $100,000 in damages but a jury finds you 25% at fault, you’ll recover $75,000 from the other driver. At 40% fault, your recovery drops to $60,000. This calculation applies to all damages including medical expenses, lost wages, property damage, and pain and suffering.
Comparative fault jury instructions in Manhattan cases require jurors to assign specific fault percentages to each party. Insurance adjusters use similar calculations during settlement negotiations. Our experienced New York comparative fault attorneys work to minimize your assigned percentage while documenting the full extent of your damages. Understanding how the apportioned liability in car crashes affects your bottom line helps you make informed decisions about settlement offers versus trial.
New York requires filing personal injury lawsuits within 3 years from the accident date (CPLR § 214). Report crashes to DMV within 10 days if damages exceed $1,000 (VTL § 605). No-fault claims have shorter deadlines. Missing these bars recovery forever. Contact us immediately to preserve evidence and meet deadlines before time runs out.
After a Manhattan accident where you’re partially at fault, strategic actions can significantly reduce your assigned fault percentage. Our experienced personal injury attorney team employs several proven approaches to minimize your liability and maximize your recovery.
Effective strategies include:
Understanding the evidence you need after a car accident can make the difference between a reduced settlement and fair compensation. Taking immediate action and working with experienced legal representation gives you the best chance of minimizing your fault percentage.
Don’t let shared liability prevent you from pursuing the compensation you deserve after a Manhattan motor vehicle accident. At Macaluso & Fafinski, P.C., we understand New York injury claim comparative fault rules and fight to reduce your assigned percentage while maximizing your recovery. Contact our experienced New York personal injury attorney team today at 800.762.9300 or contact us online for a free consultation about your case.
