Comparative Negligence and Compensation: Motorcycle Accident Attorney New York Elaborates

Comparative Negligence and Compensation: Motorcycle Accident Attorney New York Elaborates

When you are injured in a motorcycle accident in NYC, we as your New York motorcycle accident attorney understand the need to hold the perpetrators accountable and claim fair and reasonable compensation for the injuries and damages you’ve suffered. A large part of securing compensation is showing that the other party is to blame for the accident, but proving this point becomes challenging when multiple contributing elements appear and New York’s comparative negligence system comes into play.

In this blog, we will explore New York’s comparative negligence rules, how they can impact your motorcycle accident claim, and how having a motorcycle accident attorney in New York can help mitigate their effects and protect your right to fair compensation.

What is comparative negligence?

When an accident occurs, it is sometimes unjust to place the entire blame on a single person. To that end, the rules on comparative negligence allow any fault or liability of an accident to be attributed to multiple parties in such a way that it reflects their involvement. As such, the compensation you are allowed to receive is reduced by the percentage of fault attributable to you.

For example, suppose you are injured in a motorcycle accident and you are now claiming damages worth $100,000. However, at the time of the accident, you were not wearing your helmet. Since not wearing the helmet was a fault on your part, the court may attribute 25% of the fault to you. As such, under comparative negligence, any compensation you are entitled to receive is reduced by 25%. In terms of this example, your final compensation will be $75,000.

What version of comparative negligence does New York follow?

In the U.S., there exist two types of comparative negligence. They are:

• Pure comparative negligence; and
• Modified comparative negligence

Both versions of the rules follow the same principles with one major difference. Under the modified comparative negligence rules, you are not able to claim compensation if the fault attributed to you is more than 50%. On the other hand, under the pure approach, you could theoretically claim compensation in an accident so long as you are not completely to blame for it. In New York, we follow the pure comparative negligence rules.

When can we consider a motorcyclist to be at fault?

When a motorcycle accident occurs, the motorcyclists may share some of the blame in these situations where they are:

• Speeding or aggressively driving
• Engaging in unsafe lane changes
• Lane splitting
• Failing to obey traffic signs and signals
• Riding under the influence of drugs or alcohol
• Driving while distracted
• Not wearing helmets or other safety gear
• Riding with a disregard for the weather and road conditions

How can we reduce the impact of comparative negligence?

The fault in each accident is determined on a case-by-case basis and is by no means arbitrary. The court’s determination will primarily rest on the evidence presented before it during the trial. Therefore, if you want to present a compelling case in your favor, it is extremely important that you obtain and preserve as much evidence as possible.

Evidence such as photographs, medical reports, weather reports, traffic camera footage, and witness statements are all key building blocks in a case that would be able to paint your case in a favorable light and reduce the impact of comparative negligence on your compensation. Last but certainly not least, we recommend that you get an experienced motorcycle accident attorney to take up your case.

Contact a motorcycle accident attorney in New York to take up your case.

If you’ve been injured in a motorcycle accident and are looking to claim compensation in a situation where comparative negligence may come into play, you will need the help of an experienced motorcycle accident attorney in New York, and Alex Yadgarov & Associates are here to help. We will build a solid case that uses any and all available evidence to accurately reflect the circumstances of the accident and protect you from any unfair assignments of fault under pure comparative negligence. Don’t wait; schedule a free consultation with us by contacting us at 866-995-9035 or via email at info@yadgarovlaw.com.