A person who’s been involved in a crash may suffer significant injuries, some of which may require urgent medical attention. The cost of care and other damages can have a negative impact on the victim’s finances. 

Some victims may choose to seek compensation for the financial damages they’re dealing with. These cases depend largely on fault. In New York, a comparative negligence standard is used to determine how the assignment of fault will affect the award the victim receives. 

Assignment of fault

The percentage of fault that’s assigned to each party is critical in these cases. Insurance companies will try to argue that the victim was at fault because of distractions, ignoring hazards or failing to use care. The evidence that’s presented in a case is what’s used to determine fault. This can include police statements, witness statements, medical records, videos, photos and similar records. 

Percentage of fault affects the award

In New York, the percentage of fault that’s assigned to the victim directly reduces their award. This is because New York uses the comparative negligence standard. Unlike some states, victims here can still collect an award as long as they aren’t assigned 100% liability for the crash. 

For example, if a person is awarded $100,000 and assigned 20% fault, their award would be reduced by $20,000. The person would still receive $80,000 as their award for the crash. 

Proving fault in crash cases is often a complex undertaking because each party wants to have the lowest percentage of fault possible. Working with someone familiar with these matters might be helpful since they can assist with building and presenting your side of the case.