Getting injured in a car accident or crash can be a stressful experience. Beyond your pain and suffering, this could mean staying out of work, which can cause serious financial losses. Sadly, a lot of people in New York do not know car accident laws, or their rights and duties after an accident. This can impact their ability to claim compensation for their damages, especially if the other driver was at fault. If you ever get injured in a car accident, consider consulting one of the top law firms, such as King Law, to know your options for filing a personal injury lawsuit. For your help, here is an overview of car accident laws in New York.
The statute of limitations
Every state has its own statute of limitations, which determines the deadline for filing personal injury lawsuits against the at-fault party. In New York, the statute of limitations allows three years to file such lawsuits, counting from the date of the accident. If the accident led to someone’s death, the family has two years to file a wrongful death lawsuit, counting from the date of death. That date can be different from the date of accident.
Understanding pure comparative fault
If more than one party was at fault for the accident, New York follows the “pure comparative fault” rule. This means that even if you have a major share of fault in an accident, you can still file for compensation. However, the compensation amount will be reduced by your percentage of fault. In states that follow the modified comparative fault rule, a driver cannot claim any damages, if their share of fault is more than 50%. So, how does pure comparative fault work? For example – if you share of fault is 20%, and you have been awarded $10,000 by the jury, you will only get $8,000 as the final settlement.
Call a lawyer
In the real world, no one accepts blame for a car accident, and you shouldn’t do that either. The insurance company will do their share of investigation to figure out fault and liability, and the claims adjuster may make an offer to you. Do not accept any amount, or sign papers or statements, unless you have to talked to a car accident lawyer.
A good lawyer can ensure that you get all the support that you need to file your claim and win a fair settlement. Most car accident lawyers offer a free initial consultation, which is worth your time.