Clay police are still investigating a convoluted multi-car crash that sent several people to the hospital with serious injuries.
Authorities believe the wreck started when a sedan pulled out into one of the southbound lanes of Oswego Road after exiting a grocery store parking lot. That move caused a vehicle in that lane to swerve into an adjoining lane and strike a third vehicle. These two cars careened into a northbound vehicle, which in turn slammed into another car and a garbage truck that was parked on the street. Seven people were rushed to an area hospital after the wreck.
Ironically, the vehicle that began the chain-reaction crash was not hit or damaged.
Contributory Fault
Multi-car crashes are quite common in urban and semi-urban areas, and in many cases, both the plaintiff and defendant are at least partially at fault. For example, in the above incident, it is fair to speculate that the first car pulled out into traffic without looking, and the second car was travelling too fast to safely avoid it.
Fortunately for victims, New York has one of the most liberal laws in the country when it comes to apportioning damages between two or more negligent parties. In fact, the Empire State is one of only twelve pure comparative fault states. The plaintiff is always entitled to damages if the defendant was in the least bit negligent.
Assume that the plaintiff’s damages were $20,000, and a jury finds that the plaintiff was 50 percent negligent. In many state, the plaintiff would receive nothing, because there is a 51 percent cutoff. But in New York, the plaintiff would receive $10,000. Theoretically, a plaintiff could still recover damages even if the defendant was only 1 percent negligent.
In these cases, the jury apportions fault based on the evidence presented at trial. So, it is often an effective strategy for an attorney to highlight all the things the plaintiff was doing right, in order to place as much of the blame as possible on the defendant or defendants.
Multi-car crashes nearly always involve serious injury, because of the compounded force of different collisions. So, the plaintiff usually receives additional compensation.
For prompt assistance in this matter, contact the aggressive personal injury attorneys at Proner & Proner. Our main office is conveniently located across from Grand Central Station.