Glossary: Liability- Impact on Car Accident Claim
July 11th, 2022|
Liability: Impact on Car Accident Claim
An important aspect of any personal injury lawsuit is proving that another person’s negligence caused or contributed to your injuries. Car accident liability is a critical consideration when determining how to achieve maximum compensation for your injuries. The issue of liability can be relatively simple, or confusing and complex depending on the situation. . For this reason, you should consider enlisting an experienced car accident attorney like William Mattar, P.C. who can help you understand who is liable after a a car accident.
Determining Liability and Compensation in a Car Accident
During a car accident injury trial, the jury will first review the evidence presented by attorneys. The jury determines the apportionment of liability by assigning percentages for each culpable party, including the plaintiff, who is typically the injured person that is bringing the claim.
New York is a comparative fault state, meaning that the plaintiff’s own culpable or blameworthy conduct will not necessarily prevent the plaintiff from receiving damages for pain and suffering. Section 1411 of New York CPLR provides that “in any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.” What that means is that tif the plaintiff and the defendant are equally at fault, meaning that the plaintiff has comparative fault of 50%, the plaintiff’s bodily injury recovery will be reduced by that same percentage. In other words, the plaintiff’s recovery would be halved in this scenario. Comparative fault is an important concept because it means that even where the injured person’s conduct contributed somewhat to the injury, that person can still receive compensation for the conduct of others which also contributed to the injury
Hurt in a Car Accident? Call William Mattar
If you are looking for a personal injury lawyer to help you determine liability and compensation after a car accident, contact William Mattar, P.C. Our team of experienced attorneys can assess your car accident claim, including the question of liability. We are ready to serve clients across New York State.