As a pedestrian injured in an accident, you are likely facing a multitude of challenges – physical, emotional and financial. But what if you are partially to blame for the accident? Can you still recover damages? In New York, the answer lies in the concept of pure comparative negligence, a rule that can significantly impact the outcome of your pedestrian injury claim.
Pure comparative negligence is a rule that allows the court to assign a percentage of fault to both the pedestrian and the responsible party. This means that even if the court finds you, as the pedestrian, to be partially responsible for the accident, you can still recover damages.
How it works
Let us say you were crossing the street against the light, but the driver who hit you was speeding and failed to yield. The court might determine that you are 30% responsible for the accident, while the driver is 70% responsible. If your damages are valued at $100,000, you would be entitled to recover $70,000 – that is 70% of the total damages.
Why it matters
Understanding New York’s pure comparative negligence rule is crucial in pedestrian accident claims. Without a clear grasp of how this rule works, you may unintentionally jeopardize your case. For instance, you might admit to being more at fault than you actually are or accept a low settlement.
The complexities of New York’s pure comparative negligence rule require deep understanding and careful attention. A lawyer experienced in pedestrian accident cases can guide you through the process, advocate for fair compensation and help you avoid costly mistakes.
In the end, the pure comparative negligence rule can heavily impact the outcome of your case. With the right information and support, you can take the first step toward recovering the damages you deserve and moving forward with your life.