Manhattan, New York Car Accident Attorneys

Related Articles

View all related articles.

• Home »
• Motor Vehicle Accidents »
• Comparative Negligence

When car accidents occur, details can get a bit sketchy, particularly when more than two motor vehicles are involved. Experienced personal injury attorneys such as the Manhattan, New York car accident attorneys of Proner & Proner know how to cut through the confusing tangle of information associated with comparative negligence lawsuits.   With their vast combined experience, they are able to bring liable parties to justice on behalf of New York residents who have been injured in an accident where fault is difficult to identify.

With their intimate knowledge of personal injury litigation, the attorneys of Proner & Proner are able to sit down with clients and explain how comparative negligence claims work in clear, comprehensible terms.  They can instruct you on how to demonstrate mitigating circumstances before a court when you share some of the fault for the accident itself.

Defining Comparative Negligence

Comparative negligence is a doctrine that comes into play when individuals are injured in car accidents for which they share blame.   It is then up to car accident lawyers to establish percentages of accountability so that injured parties are able to recoup their fair share of damages to help cover medical costs and other relevant losses and expenses.

With some car accidents, such as those involving drunk drivers, assessing damages is a relatively straightforward matter.   In an accident in which two or more parties exhibited irresponsible behavior, identifying liability becomes more difficult.  The aftermath of such an accident can leave everyone confused and uncertain of what to do.  Many plaintiffs may even mistakenly believe that they are not entitled to monetary damages because they shared blame for the accident.

Discussing your case with the knowledgeable car accident lawyers of Proner and Proner in New York will allow you to become educated about your rights under the law.   For instance, you will learn that most comparative negligence lawsuits are built on the establishment of mitigated fault.  Proving mitigated fault will allow you to obtain at least some compensation for your injury, even though the damages you are awarded may cover only a portion of your overall expenses resulting from the accident.

How Is Comparative Negligence Different from Contributory Negligence?

The legal doctrine of comparative negligence is intended to provide justice to victims who would be unable to recover compensation according to contributory negligence laws.  With contributory negligence, victims of car accidents may not be able to recover damages even if they were only 3 percent at fault for their injuries.

Contributory negligence gave car accident attorneys very little recourse for legal action, and people shared only a minor burden of fault for their injuries were left without a way to obtain money for their care.  Luckily, most states have enacted comparative negligence laws, which help individuals who may have contributed to their accident but to a lesser degree than the other driver or drivers.

What Does It Mean When You “Win” a Comparative Negligence Suit?

In a comparative negligence lawsuit, a jury will consider the evidence that is presented by a car accident lawyer on your behalf.   If the jury finds in your favor, they will award you a percentage of the overall damages to which you would be entitled proportionate to your degree of fault in the accident.  For instance, in an accident occurring between a Manhattan motorist and Downtown New York City driver in which the Manhattan driver was determined to be 80 percent at fault, the New York City driver would be compensated for 80 percent of the losses and expenses resulting from the accident. 

Contact Our Car Accident Lawyers

Even if you were partially at fault for your car accident, you would be well advised to contact our car accident attorneys, serving Manhattan and all of New York. The experienced car accident attorneys of Proner & Proner will explain your legal rights and options to you in clear detail during a free case evaluation and help you to recover the money you need to put your life back in order.