Car crashes are a regular occurrence on roads everywhere. Most people have either been in a collision themselves or know of someone who has. Bar a very few cases, none of the drivers involved actually meant for the crashes to happen. Thus, it is easy to think of them as accidental occurrences.
The trouble is that personal injury law and insurers think in terms of being the fault of someone. So you need to do so, too. New York works on the theory of pure comparative negligence with regard to crash claims. When you put in a claim, the amount awarded will be reduced by the percentage of fault that is adjudged to lie with you. Let’s look at an example:
If you are due $100,000, but adjudged to have been 30% to blame for the collision, for example, you’ll receive $70,000, as 30% of the total will be deducted. If it’s the other way around, and 70% of the blame lies with you, then you will only receive $30,000, as 70% of the total will be deducted.
What did the other driver do wrong?
A driver may not have intentionally chosen to crash into you, but they probably did make some choices that led to that collision. Examples could include:
- Allowing themselves to get distracted
- Traveling too fast for the conditions
- Failing to look or check their mirrors
Pinpointing what error or errors the other driver made could be key to pinning more of the blame on them and protecting your right to adequate compensation. Remember, the other driver and their insurer will try to put more of the blame onto you, so it’s best to seek legal guidance to advance your case.