New York is a No-Fault state. This means that individual insurance policies typically cover any damages incurred during a car accident. However, in cases involving serious injuries and extreme property damages, negligent drivers can be pursued for further compensation.
At the same time, it is important to note that not all accidents are caused solely by one person – and this is where the concept of comparative negligence comes in.
According to the New York City Comptroller, car crashes contributed to 20% of all personal injury claims in 2022. Available data also indicate that personal injury claims from car accidents were compensated with $94,173 on average in 2022.
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Understanding Comparative Negligence
Comparative negligence can be cited against both pedestrians and drivers. This principle helps determine how much a seriously injured party contributed to an accident – determining the final compensation they are eligible for. This means that if an injured individual is found to have contributed to 30% of the accident, they will only receive 70% of the original compensation (all damages** incurred accounted for).
**Emotional, financial, and medical damages should be accounted for when seeking compensation
Comparative negligence can also be cited in other cases involving medical malpractice, slip-and-fall accidents, workplace accidents, and product liability.
Contributory Negligence vs. Comparative Negligence
Contributory negligence is an old concept that often led to harsh outcomes for parties who were minimally at fault. Under this rule, any person found to be even 1% at fault in an accident was barred from getting compensation.
In 1957, the state of New York adopted the comparative negligence rule – providing a more balanced approach to penalizing negligent victims and allowing them to recuperate.
Provisions Relevant to Comparative Negligence
Traffic laws are considered when evaluating comparative negligence in car accident cases. Any violations by either party can be used as evidence to establish negligence and determine the degree of their fault.
When determining comparative fault, these provisions are relevant:
| Vehicle and Traffic Law § 1163 | This section deals with turning movements and required signals. It states that drivers must use the appropriate turn signal when turning or changing lanes and that they must yield the right-of-way to other vehicles and pedestrians when turning. |
| Vehicle and Traffic Law § 1180 | This section covers speed restrictions and requires drivers to maintain a speed that is reasonable and prudent under the conditions, taking into account factors such as weather, visibility, and traffic. |
| Vehicle and Traffic Law § 1122 | This section addresses overtaking and passing other vehicles. It specifies when it is legal to pass another vehicle and requires drivers to maintain a safe distance when doing so. |
| Vehicle and Traffic Law § 1129 | This section deals with following too closely and prohibits drivers from following another vehicle more closely than is reasonable and prudent. |
Traffic rules are set to ensure that roads are safe for everyone – motorists and pedestrians included. Following traffic rules is one very effective way to avoid comparative negligence.
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Determining Comparative Fault in a Car Accident Claim
Much like drivers, pedestrians are also subject to traffic laws. Some common instances where an injured pedestrian might be found partially at fault include:
- Jaywalking: For pedestrians crossing the street outside of a marked crosswalk or against a traffic signal
- Distracted walking: For pedestrians distracted by their phones, headphones, or other devices
- Intoxication: For pedestrians under the influence of alcohol or drugs
- Darting out into traffic: For pedestrians suddenly entering a roadway without giving a driver sufficient time to react
- Walking in prohibited areas: For pedestrians walking on highways, bridges, or other areas pedestrians shouldn’t access
- Wearing dark clothing at night: For pedestrians wearing dark clothing and walking in a poorly lit area at night
Still, seriously injured individuals deserve as much compensation as they can get. Through proper compensation, injured individuals are allowed to rebuild themselves after an accident. As such, it’d be best if car accident victims coordinate with personal injury lawyers as soon as possible.
Talk to a Personal Injury Lawyer Today
At the Porter Law Group, we make sure that individuals in need are rightfully compensated. We take pride in aiding families recuperating from adverse incidents. Working on a contingency basis, our clients do not pay anything unless we win.
If you were seriously injured in a car accident, please reach out for a no-obligation, free consultation. You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
