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The Law Offices of Frank J. Dito, Jr.

Comparative Fault in New York: Determining Who is At Fault for a New York Car Accident

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

Determining who is at fault for a car accident in New York is done by abiding by New York automobile accident laws. New York state uses Pure Comparative Fault for determining fault for a car accident.

After a car accident occurs your insurance company and the other driver's insurance company will review all relevant information to the car accident such as the New York police report, any pictures of the position of the vehicles after the accident, pictures of the points of impact on both vehicles, witness statements, and statements from each individual driver involved in the accident.

Insurance companies dealing with a New York accident have to abide by New York law when determining fault for an accident. With New York's Pure Comparative Fault a percentage is given out to both driver as to how much they are at fault for a car accident. Percentages may range from 0% at fault (not at fault) to 100% at fault.

When injuries from a car accident are involved New York's Pure Comparative Fault laws apply also and can determine how much compensation you will receive compared to how much compensation you could have received. For example, if it is determined that the other driver was 75% at fault for the accident and you were 25% at fault you will receive 75% of the amount for your injuries that you would have been entitled to. So if you could have received $50,000 for your car accident injury you will only receive 75% of that amount which would be $37,500.

For additional information about Comparative Fault Law in New York and determining how much compensation you are entitled to for an accident in New York contact Staten Island car accident lawyer Frank J. Dito Jr. at 718-701-2776.