Accidents happen, but fault is rarely clear-cut. In a case where there are more than two parties responsible for an accident, the legal principle of comparative negligence is set forth to resolve the issue.
The concept affects how personal injury cases are conducted and how damages are rewarded. Understanding comparative negligence and working with New York’s personal injury lawyer can help victims through the complicated claim process to get fair compensation.
How Does Comparative Negligence Impact Accident Victims?
In personal injury cases, the principles of comparative negligence specifically determine the amount a victim can be compensated. For example:
This means that if a jury finds that a victim’s total damages equal $100,000 but believes the victim is 30% at fault in causing the accident, they may receive only $70,000. In many cases, where a victim is more at fault, they may still be able to recover some of their damages.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine under which fault in an accident is apportioned among several parties. Instead of placing blame wholly on one party, it assesses the degree of each party’s actions that contributed to the accident and assigns a percentage of fault.
For instance, if a car accident occurs because one driver ran a red light while the other was speeding, then both may share some responsibility. Comparative negligence works out how much each party contributed to the accident and adjusts compensation accordingly.
This system is particularly relevant in New York, which has adopted a “pure comparative negligence” rule. In this way, even when a victim is 99% at fault for causing an accident, recovery is possible, although their damages award is diminished by their assigned percentage of comparative negligence.
Types of Comparative Negligence
There are basically two kinds of comparative negligence systems in use in the United States. Each state decides which one to implement:
- Pure Comparative Negligence
Under this system, a victim may recover damages regardless of their degree of fault. Compensation is reduced by a percentage according to their share of the blame. New York is presently one of the states that follows this rule.
- Modified Comparative Negligence
In such a system, the victim can recover damages only when their share of fault is below the minimum threshold. Two thresholds commonly exist:
- 50% Rule: A victim cannot recover any damage if they are 50% or more at fault.
- 51% Rule: A victim cannot recover any damage if they are 51% or more at fault.
Fairness with accountability is what each approach strives to achieve, although pure comparative negligence tends to be more victim-friendly.
Challenges of Comparative Negligence
Comparative negligence tends to complicate personal injury cases in a number of ways:
- Disputes Over Fault: The insurance companies and opposing parties commonly dispute the distribution of fault. Even slight variations in the percentages of fault may have a considerable financial impact on the outcome of the case.
- Complex Evidence: In proving fault, there is the need for evidence, including police reports, witness statements, and expert testimony. This process is usually time-consuming and contentious.
- Emotional Toll: In addition to the physical and emotional recovery of victims, comparative negligence claims can be overwhelming to deal with.
How Do Juries Apply the Comparative Negligence Rule in New York Personal Injury Case?
In a personal injury trial, the jury will be called upon to determine fault and calculate damages. Here is how this usually works:
- Fault Determination
After the evidence is presented and arguments from both sides are heard, the jury apportions fault to each party. In a slip-and-fall case, for example, they may decide that the property owner is 70% at fault for failing to remedy a dangerous condition and the injured person is 30% at fault for not being attentive.
- Damages Calculation
The jury then determines the total value of damages for medical bills, lost wages, and non-economic losses such as pain and suffering. Then, the awarded amount is reduced based on the victim’s percentage of fault.
- Awarding Compensation
After the calculations are completed, the jury awards the final amount to the victim. Although liability was attributed to a number of parties, the amount can be fully obtained from any one of them, under varying conditions. That principle is also known as “joint and several liability.” In New York, it is applicable in many circumstances.