Buffalo Car Accident Attorneys: How Comparative Fault Can Affect Your Injury Claim in New York is an important topic for drivers who have been injured in a collision and are unsure how responsibility for the accident may affect their compensation. Not all car accidents are caused by one driver. One driver might have been exceeding the speed limit at the time of the accident, while another didn’t stop, or both drivers could have played a role in the circumstances surrounding the accident. When this happens, New York’s comparative fault laws may come into play and affect the damages a person may be entitled to recover.
Knowledge of comparative negligence NY rules can assist injured parties with their decision-making process when interacting with insurance companies and determining whether they have an auto injury claim. The percentage of fault for each party, evidence, damages sought, and New York’s no-fault insurance can all have an impact on decision-making.
A car accident attorney Buffalo NY will analyze the accident, consider evidence and discuss how the rules may apply to a specific case. In certain situations, part of the cause of an accident does not preclude the possibility of recovering in court, but certain legal and insurance issues can be significant.
What Is Comparative Fault in a New York Car Accident?
Comparative fault is a legal concept that indicates how to apportion fault between parties involved in an accident. It acknowledges that someone could be a part of more than one injury or loss.
New York applies the pure comparative negligence doctrine to Section 1411 of the New York Civil Practice Law and Rules. This provision provides that a claimant’s own culpable conduct will normally minimize the amount of damages he or she is permitted to recover in a covered claim in direct proportion to his or her relative fault.
If, for instance, the damages are calculated for a specific case of an injured driver in a collision, and the amount of damages awarded is $100,000, then the total damage liability will be $100,000. If the driver is determined to be 20% at fault, the damages would be lowered by 20 percent in a simplified comparative fault calculation, which would amount to $80,000 before the possibility of other legal or insurance considerations.
This is a typical calculation. Does not mean that an injured person will be paid that amount. The outcome could be influenced by the nature of the claim, evidence, insurance coverage, legal requirements, and other considerations.
Why Comparative Fault Matters
Comparative fault may come into play when an individual is not sure of the circumstances surrounding the collision. An insurance company might claim that the person driving the vehicle injured had been speeding, driving too close to the other vehicle, distracted, or not taken reasonable measures to prevent the accident.
The injured party might have a very different version of events. Witness statements, photos, car damage, traffic camera recordings and other evidence can assist in determining the facts.
The percentage of fault given to each party may impact the damages in a lawsuit. It may also play a part in settlement discussions, as there are bound to be differences of opinion on who is responsible for the damage and who or what will be compensated.
How New York’s Comparative Negligence Rule Works
New York’s comparative negligence law provides that the injured party can still have a case even if they were partly responsible for the accident. Generally, the greater the amount of responsibility in the recovery process, the lower the recovery rate will be for that individual’s part of the responsibility.
This is opposed to legal systems that restrict recovery if an injured party is deemed to be a certain amount of fault. But there may be other rules involved with car accident claims, especially when New York’s no-fault car insurance law is in effect.
Understanding Fault Percentages
Fault percentages are based on the relative responsibility assigned to the people who played a role in the accident. These percentages do not always reflect the number of mistakes made.
For example, one driver might have been drunk when driving, while another might have had a chance to avoid the car accident but neglected to take the appropriate steps. The significance of the actions of each individual will depend on the facts and the law that is applicable.
The fault assessment can include the following factors:
- Whether a driver obeyed traffic signals and signs.
- Whether either driver was speeding.
- Whether a driver yielded when required.
- Whether a driver maintained a safe following distance.
- Whether distraction affected either driver’s actions.
- Whether visibility, road conditions, or vehicle positioning contributed to the collision.
- Whether a driver’s actions helped cause the injuries being claimed.
A traffic citation or first statement by a driver may be relevant evidence, but should not be presumed to be a complete determination of civil liability.
Can You Recover Compensation if You Were Partly at Fault?
In many injury cases in NY, the question of partial fault does not mean that you don’t have the right to receive damages. The general rule is that the recipient loses the right to recover, based on their percentage of fault.
There is one caveat, however, for some personal injury cases arising under New York’s no-fault insurance law. Section 1411(b) provides that if a claimant’s culpable conduct is more egregious than the defendant’s or more egregious than the defendants being pursued, then the claimant’s culpable conduct may prevent recovery in an action under Article 51 of the Insurance Law.
This means the effect of comparative fault in a car accident case should not be explained as a percentage reduction in a possible situation. The specific claim and applicable statutory rules matter.
The facts can be reviewed by a lawyer to help explain what rules may apply and if there are any limits to recovery.
Examples of Comparative Fault in Buffalo Car Accidents
Comparative fault can be easier to understand when looking at real-world recovery examples. In reality, the result of any case is dependent upon the evidence and the law.
Example 1: Speeding and a Failure to Yield
So, let’s say one driver is driving over the speed limit on a Buffalo road. One driver crosses the path of an oncoming driver and doesn’t stop.
Failure of the driver who was turning to yield may have contributed to the accident. The driver who was driving too fast could also have been a contributing factor if their speed was a factor in avoiding the accident or making it worse.
If one driver does not stop, this doesn’t necessarily mean that the other driver is not responsible. Investigators and parties will have to consider aspects of speed, visibility, distance, traffic controls, and timing of the turn.
If the injured party is found to be at fault, the damages available under the relevant rules could be reduced by the percentage assigned.
Example 2: A Rear-End Collision
Rear-end accidents frequently have issues related to distance between vehicles, speed, braking, and road surface conditions to consider. If a driver’s tailgating of another car has caused the collision, they may be asked if they were driving too close to the other vehicle or did not respond to it appropriately.
But everything depends on the conditions. For instance, if the other driver made a sudden or unexpected action that may have been pertinent to the way the accident occurred, that could be relevant to the discussion of the accident.
Photographs, eyewitness statements, vehicle damage and available video can help to determine what happened. The term “rear-end collision” is not enough to clarify all of the problems with fault.
Example 3: An Accident at an Intersection
An intersection collision can occur when a vehicle enters on a red light, when another vehicle turns, or when a vehicle is going too fast for the conditions.
Decision-making for each driver must be analysed in the context of their situation. The timing of traffic signals, road configuration, visibility, vehicle position and witness observations can assist in determining the sequence of events.
In situations where conflicting accounts are provided by the parties, reliability of evidence is particularly important.
Example 4: A Collision on a Wet or Snowy Road
The weather may influence stopping distances, visibility, and control of the vehicle. While snow and rain are often cited as a cause for a driver to lose control of their vehicle, it is not always the case that snow or rain is the sole reason for the loss of control.
The investigation could examine a driver’s speed changes, distance, and safety during the operation of the vehicle.
When available, photos and other evidence of the road surface could prove useful for Buffalo drivers who experience rapidly changing weather conditions.
How Fault Is Determined After a Car Accident
The assessment of fault typically involves considering available evidence and applying the appropriate legal standards. Insurers have the right to investigate further, and the claim might end up in court if there is a dispute.
It’s not a case of just one single piece of evidence that will make the difference. The complete story may be revealed if multiple sources are taken together.
Police Accident Reports
The police accident report may document the circumstances of the crash, who was involved in the vehicle accident, the conditions at the scene, and their statements. It can be a significant first step for comprehending the collision.
However, not everything will be included in a report, and no officer may have been present at an accident. The report should be read in conjunction with all evidence available and not be a final determination of civil fault.
Witness Statements
Independent witnesses can give details of the vehicles’ movements, traffic signals, speed or what happened just before impact.
Their observations can be useful to clear up different versions. Wherever possible, contact information should be retained to allow the identification of relevant witnesses later.
Photographs and Video
Safe photography at the scene can record the location of vehicle(s), damage, skid marks, traffic signs, road conditions and obstructions.
Other Clues: Dashcam footage, local business surveillance video, or traffic camera footage may also shed light on what happened. These can be erased or lost, and making a good effort to capture the relevant footage might be helpful.
Vehicle Damage and Physical Evidence
The size and location of the vehicles’ damage could assist investigators in determining the cause of the accident. In rare instances, an expert might be called in to inspect the physical evidence or build parts of the collision.
Care has to be taken in the interpretation of damage patterns. A photo may not be enough to determine a speed or the order of events.
Electronic and Digital Evidence
Depending on the car and situation, there could be relevant data in onboard systems, in the phone records, in the navigation data, or in other electronic systems. These records may be subject to appropriate legal procedures and respect privacy and evidence preservation requirements.
Not all vehicles hold the same information, and not all accidents are technical. Electronic evidence is useful, but it’s useful when the facts of the case are such.
How Comparative Fault Can Affect Accident Compensation
Comparative fault can affect the amount of damages that can be sought from a party who is found at fault. The impact will vary based on the type of claim and the law that is used.
Some of the damages that can be a part of a valid personal injury case may be economic damages like medical costs and lost income, and non-economic damages like pain and suffering. The number and worth of each category are based on facts, legal mandates, and evidence.
A Simple Comparative Fault Calculation
A hypothetical damages figure may be diminished based on the table below when calculating damages using the general comparative negligence calculation.
| Hypothetical total damages | Injured person’s share of fault | Illustrative reduction | Amount after the fault reduction |
| $50,000 | 10% | $5,000 | $45,000 |
| $50,000 | 25% | $12,500 | $37,500 |
| $50,000 | 40% | $20,000 | $30,000 |
| $100,000 | 20% | $20,000 | $80,000 |
| $100,000 | 50% | $50,000 | $50,000 |
The following are examples of the arithmetic only. These are not compensation figures based on a typical case scenario. The outcome may be influenced by these factors and more: the actual evidence, liability limits, legal thresholds, other applicable rules and no-fault benefits.
Medical Expenses and Lost Income
Under New York’s no-fault insurance rules, they typically include coverage for medical costs, lost wages, and other allowable damages if you are injured in an accident, regardless of who is at fault, up to a certain limit and subject to certain requirements.
These benefits are not a part of a bodily auto injury claim against another party. A person’s comparative fault is not a condition for their eligibility for no-fault benefits.
For details on no-fault coverage, filing procedures, and deadlines, review the New York State Department of Financial Services’ auto insurance guidance.
Property Damage
Comparative responsibility also may apply to vehicle and other property damage cases. The recoverable amount from another party may be subject to the amount of liability determined and insurance coverage.
Claims against the other driver’s liability coverage may be different than claims under a person’s own coverage. Before deciding which applies, policy terms, deductibles, and the circumstances of the accident should be considered.
New York No-Fault Insurance and Comparative Negligence
New York’s no-fault insurance system is different from a standard insurance claim to recover damages from another party, which is why it can be confusing.
No-fault, also called personal injury protection or PIP, typically will pay some of the eligible economic losses that are caused by injuries suffered in an insured motor vehicle accident, even if the injured party can not prove that someone else was at fault.
What No-Fault Insurance Generally Covers
Basic no-fault benefits may include payment of a certain part of lost earnings, prescribed benefits, and reasonable expenses as per policy and statutory provisions and requirements, due to an accident.
The New York State Department of Financial Services provides an explanation of coverage and filing in its official consumer guidance.
No-Fault Benefits Are Different From a Liability Claim
A no-fault claim is typically simply requesting a payment from the insurance policy. A bodily injury liability claim, on the other hand, will be a request for damages from a party who is thought to have caused the accident.
One of the main reasons for comparative fault is to aid in determining responsibility and damages in a liability claim. It is not assumed that the same calculation directly determines eligibility for all the no-fault benefits.
Evidence That May Help Challenge an Incorrect Fault Assessment
An insurance company may decide on a percentage that they feel is unfair with regard to who was to blame for the injury that the individual has sustained. In such instances, any evidence that is relevant to the facts can be used to serve as a basis for a better understanding of the facts and a more accurate determination of the evidence.
Preserve Available Evidence
Retain copies of photographs, videos, correspondence, accident reports, repair estimates, and more related to the accident. Record the event as you remember.
Do not alter or edit original recordings. Where possible, keep the original files and record where and when they have been acquired.
Keep Medical and Expense Records
Medical records will record the injuries reported, medical treatment received and the course of the injury over time. Receiving or wage information, and other records may be useful to support eligible losses.
Medical records are not evidence that will prove who caused the accident, but they can document the injury aspect of a claim.
Avoid Guessing About Fault
Someone involved in an accident may not be aware of how the accident took place. It is preferable to give as much accurate information as possible and to separate the information known from what is not.
Statements made under pressure or guesses about speed, distance, or another driver’s actions can create confusion later. Any formal statement should be accurate and consistent with the person’s actual recollection.
Final Thoughts
Comparative fault can significantly impact car accident injury claims in Buffalo and New York. The state’s general comparative negligence statute may lower the amount of damages that can be recovered in a covered claim if the injured party is deemed to share in the responsibility. But the damages to be awarded depend on the kind of insurance claim, the evidence, and other rules that might apply, such as New York’s rules of no-fault insurance and serious injury threshold.
Being aware of these differences can aid accident victims in asking questions, holding pertinent evidence, and understanding their choices. When the fault is at issue or injuries are severe, Buffalo car accident attorneys can examine the facts and provide information on the possible application of the law to the case.
No article can predict the result of a specific claim, and each accident is unique. Official New York sources are the source for accurate guidance, and it would be advisable to consult with a qualified attorney regarding your situation.
This is a general article about New York law and should not be considered legal advice. The law and time limits might vary depending on the circumstances of a case.
Frequently Asked Questions
1. What is comparative negligence in New York car accident cases?
Comparative negligence considers an injured person’s share of responsibility. Under the general rule, that share can reduce the damages recoverable in a covered claim.
2. Can I recover compensation if I was partly at fault?
Often, yes. New York generally allows recovery reduced by the claimant’s share of fault, although specific statutory rules may affect certain motor vehicle injury actions.
3. How does a fault percentage affect my injury claim?
A fault percentage may reduce recoverable damages proportionally. The final outcome also depends on the evidence, applicable legal requirements, and available insurance coverage.
4. Who decides fault after a Buffalo car accident?
Insurers may assess fault during claim handling. If liability is disputed in litigation, a court or jury may evaluate the evidence under applicable law.
5. Does a police report determine who is legally responsible?
Not necessarily. A police report may provide useful evidence, but liability can depend on additional records, witness accounts, physical evidence, and the applicable legal standards.
6. Does comparative fault affect New York no-fault benefits?
No-fault benefits generally cover eligible economic losses regardless of fault, subject to coverage and filing requirements. They differ from damages pursued in a liability claim.
7. Can I dispute an insurance company’s fault decision?
You can ask the insurer to explain its assessment and provide relevant supporting evidence. Legal advice may help if the dispute affects a significant injury claim.
8. Do I need a serious injury to sue after a New York car accident?
For non-economic damages such as pain and suffering in a motor vehicle case subject to New York’s no-fault law, the statutory serious-injury threshold generally applies.
9. What evidence can help establish comparative fault?
Photographs, video footage, witness statements, accident reports, vehicle damage, and other relevant records may help explain how the collision occurred.
10. When should I speak with a car accident attorney in Buffalo NY?
Consider legal guidance when fault is disputed, injuries are serious, insurance benefits are unclear, or a settlement offer may affect your future rights.