If you are involved in a motor vehicle accident in New York State, and the accident is partially your fault – whether as a driver, or pedestrian crossing against the light, perhaps – you still have the right to sue in New York.
The defendant, insurance companies and their lawyers always try to blame our clients. The plaintiffs bring the lawsuit as being responsible for the accident. And that is what we, as your lawyer, fight against. We fight against blame being placed on our clients that are injured in an auto accident due to the negligence of others.
Now, if it is proven at a trial, for example, that a person is partly at fault – our client for example, may have been going too fast even though the other vehicle ran a Stop sign – perhaps you’re 20% at fault, For example, then, 20% of your damages may be reduced. You may not recover the full amount. Now, that is at a trial.
During the course of the litigation and settlement negotiations, if our client is partially at fault, that will be thrown in our face and we will be negotiating over that issue and still come up with a fair settlement for a person who is injured.
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