What if the injured party was partially at fault for the accident?

If the injured party was partially at fault for the accident, it could affect their entitlement to receive compensation. In New York, this is determined by a process known as comparative negligence. Comparative negligence is a system that assigns a certain percentage of blame to the injured party for their role in the incident. For example, if a pedestrian was crossing the street without using a crosswalk and was struck by a car, the pedestrian would not be entirely responsible for the accident. In this case, the driver may be found to be 70% at fault and the pedestrian 30% at fault. The amount of compensation the injured party can receive will be reduced by their percentage of fault. So, if the total amount awarded to the pedestrian was $100,000, they would receive $70,000 – the amount attributed to the driver’s negligence minus their own portion of the fault (30%) – or $30,000. It is important to note that in some cases a person can be considered partially at fault even if they did not cause the accident directly. If the injured party was engaging in an activity which contributed to or accentuated the harm they suffered, then this may also be taken into account. In New York, if the injured party is found to be 50 percent or more at fault, they may not be able to collect any compensation. This is why it is important to speak to an experienced brain injury lawyer if you have been injured in an accident. They can help determine the degree of fault and ensure that you are able to get the compensation you are entitled to.

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What if the injured party was partially at fault for the accident?

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