Some car crash scenarios are straightforward. One driver does something clearly illegal and unsafe. Everyone who looks at the situation recognizes that they are at fault. Other times, the matter can be a bit more complex.
There are many scenarios in which one motorist is clearly at fault for a crash, but the other parties involved could have a degree of fault. In those more complicated collision cases, the party with a lesser degree of fault for the crash may operate under the assumption that they have no right to request compensation or that insurance coverage is the only form of support available. Actually, those injured in car crashes for which they may be partially responsible might still have the option of taking legal action against a driver who is primarily to blame for an incident.
Partial fault doesn’t prevent a legal claim
Contrary to what people sometimes assume, a partial allocation of responsibility for a crash does not eliminate their right to seek personal injury compensation. New York has a contributory negligence statute that allows those with significant crash expenses to hold the other party accountable.
A driver who merged without using their turn signal or otherwise contributed in a minor way to a collision can still pursue a personal injury lawsuit. The other party must assert that the plaintiff is partially at fault. They must provide evidence of that fault.
At that point, the courts apply the contributory negligence statute. They determine what percentage of fault each driver has for the incident. The plaintiff seeking compensation can still move forward with their case even if they have a significant degree of fault.
The courts issue a judgment based on the facts of the case and then adjust the compensation awarded based on the degree of fault allocated to the plaintiff. Contributory negligence can diminish the compensation that injured parties receive when they file lawsuits, but it does not eliminate their right to hold the other party responsible for the crash.
Reviewing the circumstances of a motor vehicle collision with a skilled legal team can help empower people to seek economic justice. Partial fault does not eliminate the culpability of another person involved in a incident.