The deadly toll of car accidents was well-documented by National Safety Council statistics in 2016. Estimates set the death toll at as many as 40,000 people. This enormous loss of human life was sometimes due to negligence by drivers on the road. While not every fatality is caused by another driver, the ones that are cause devastating consequences for the victim.
In personal injury law, car accidents make up a tragic number of cases we encounter. It’s natural to have questions about a specific accident and we do our best to answer these questions. personal injury attorneys encounter thousands of these cases on an annual basis and one of the most frequent questions we get is:
What if one of the accident victims was also at fault?
The crux of this question is, can a victim still take legal action for a car accident that they share blame in? Our personal injury lawyers answer this question many times a year. Here’s our best answer.
Answer: If one of the victims of an injurious car accident was also to blame in the accident, the victim can still take legal action against the other party. There is a “comparative negligence” investigation in these cases to determine how much compensation is due to someone who also had a part to play in the accident. This may reduce the settlement that you receive if it is found that you are partially at fault for the accident.
However, what a good accident attorney looks at is the opposing party’s negligence in the case. This means that you’re going to still get an ample amount of compensation for your injuries, just not the entire percentage that you may have gotten if you were completely not at fault. The moral of the story is that even if you were partially to blame for an accident, you can still contact a personal injury lawyer and receive compensation for the damages you have sustained.
Types of damages you may be compensated for: Judges will look at the amount of damages you sustained in the accident and then determine how much of those damages the other party is responsible for in comparison to the damages you have also caused. Comparing damages can be important. For example, if one person is barely injured while the other one endured lengthy hospital stays, lost wages, and massive pain and suffering, then the party with more damage is going to be compensated for more of the damages. This makes good sense. Types of damages might include:
– Lost wages
– Pain and suffering
– Medical costs
– Permanent disability
These are just a few of the types of damages you might be able to receive money to cover. Our personal injury lawyers acknowledge your part in the accident but they also go to work for you so that you are able to recover damages that were due to the negligence of the other driver. In all cases, we’re able to minimize your part in the accident and still get you a maximum amount of compensation. It’s our feeling that if you have suffered ANYTHING as a result of someone else’s negligence, we’re going to passionately and aggressively pursue your case in court and retrieve monetary damages on your behalf.
In some cases, a plaintiff can receive nothing if they are partially to blame. These cases are rare but they do happen, so be aware of it and secure an attorney who understands contributory negligence cases very well. If you’re the one being sued for damages, we can use contributory negligence to free you of the burden of paying damages. In each case, we look at what our client wants and we aggressively pursue it. We’re more than capable of using both sides of the law to get results for our clients.
Contact a personal injury lawyer today
Not all personal injury lawyers in New York have the same success rate. For us, success is the rule and not the exception. It’s our personal belief that we can get results for our clients no matter what the situation is. You have a limited amount of time to file a claim, so call today. There’s no time to waste.