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How do New York courts assess fault in motorcycle crashes?

Have you been injured in a motorcycle accident? If you were involved in a motor vehicle accident, someone else may be liable to you for your injuries.

Have you been injured in an accident?

Countless individuals are injured each year in motorcycle accidents. How do you know whether you can make a claims against the driver of the other vehicle? Read below for a quick overview.

How do New York courts assess fault in motorcycle crashes?

New York courts utilize a Comparative Fault approach to determine fault in motorcycle accidents. In assessing fault, the court will reduce the amount of damages by the proportionate amount of fault. For example, if Jennifer gets injured in a motorcycle accident and the fact finder determines that she was 40% at fault and her injuries were determined to be valued at $10,000, she will receive $6,000 ($10,000 minus the 40% of liability or $4,000).

Other states use different methods for determining fault. Some states, for example, use a proportional comparative fault method. With this method, if the injured party is either 50 or 51% or more at fault, they may be barred from recovering for their injuries. For example, in some states (NOT New York), if Jennifer gets injured in a motorcycle accident and the fact finder determines that she was 55% at fault, she would not be able to recover in a proportionate comparative fault state.

New York state uses a method which is more favorable to injured parties than other states, but it is important to know that your damages will be reduced by the amount of fault assessed to you.

How is percentage of fault determined?

There is no magic formula for determining the percentage of fault assessed to the parties in a motorcycle accident. Courts and the fact finder will look at all the circumstances surrounding the accident. Many factors will come into play, including the traffic control devices, speed limits, weather conditions, cell phone usage and witness accounts.

Generally speaking, if one party is rear ended and the other party was following the traffic rules, the party in back is generally held liable.

Another factor that plays into the assessment of fault is the police report. It is important that you provide the police officers with an accurate account of the events which led to the accident because the police officer will use your statements in creating the police report. If one party is given a ticket or citation at the scene, that will also play a part in determining fault.

If you have been injured in a motorcycle accident and need to speak to an attorney, please do not hesitate to contact us.

How do New York courts assess fault in personal injury cases?

Have you been injured in a car accident or a slip and fall? If you were involved in a motor vehicle accident or a slip and fall, someone else may be liable to you for your injuries.

Have you been injured in an accident?

fall-prevention-150x150Countless individuals are injured each year in car accidents and premises liability cases. How do you know whether you can make a claims against the driver of the other vehicle or the owner of the property? Read below for a quick overview.

How do New York courts assess fault in personal injury cases?

New York courts utilize a Comparative Fault approach to determine fault in negligence cases. In assessing fault, the court will reduce the amount of damages by the proportionate amount of fault. For example, if Michelle gets injured in a slip and fall accident and the fact finder determines that she was 30% at fault and her injuries were determined to be valued at $10,000, she will receive $7,000 ($10,000 minus the 30% of liability or $3,000).

Other states use different methods for determining fault. Some states, for example, use a proportional comparative fault method. With this method, if the injured party is either 50 or 51% or more at fault, they may be barred from recovering for their injuries. For example, in some states (NOT New York), if Michelle gets injured in a slip and fall accident and the fact finder determines that she was 55% at fault, she would not be able to recover in a proportionate comparative fault state.

New York state uses a method which is more favorable to injured parties than other states, but it is important to know that your damages will be reduced by the amount of fault assessed to you.

How is percentage of fault determined?

There is no magic formula for determining the percentage of fault assessed to the parties in a personal injury case. Courts and the fact finder will look at all the circumstances surrounding the accident. Many factors will come into play, including the traffic control devices, speed limits, weather conditions, cell phone usage and witness accounts for motor vehicle accidents. For slip and fall cases, factors such as witness accounts, cell phone usage, familiarity with the premises, footwear, and weather conditions will be assessed.

Generally speaking, the injured party will need to prove that the another party was proximate cause of the injuries sustained. In slip and fall cases, it will be important to prove that the other party had notice of the hazardous or dangerous condition which caused the accident.

If you have been injured in an accident and need to speak to an attorney, please do not hesitate to contact us.

I was injured in a wreck with a truck, is the company at fault?

A commercial truck can cause an immense amount of damage to your car and you, resulting in pain, suffering and financial losses. If you have been hit by a commercial truck and the truck driver is responsible for the accident, here is what you need to know before you speak to your truck accident lawyer.

Document Everything

Make sure everything from the accident is documented. Get police reports and the names and addresses of any witnesses, if possible. If you were seriously injured, you can get this information later or ask a relative or friend to help you do so. While the situation is stressful, keeping the coolest head possible could help you avoid costly mistakes.

Do Not Sign Anything

Trucking companies often have their own loss mitigation departments and legal teams. Their job is to minimize the trucking company’s losses as much as possible in the aftermath of an accident, and the same goes for the insurer who is providing coverage for the commercial vehicle. You do not have to give the truck company’s insurer a statement, but be sure to give an honest one to the local police if asked.

Get your own truck accident attorney before speaking to the truck’s insurer or the company’s representatives to protect your own interests. Never sign any documents from the trucking company or its insurer without your attorney reviewing them first, as you do not want to unknowingly give away any of your rights.

What You Must Show

To win a case against a trucking company or truck driver who caused your accident, you must show that the driver failed to meet the reasonable care standards all drivers are held to while on the road and that the failure caused your injury. Your truck accident lawyer can help you demonstrate all of this in court with the facts of your case. Failure to meet reasonable care standards includes texting while driving, speeding and other behavior that is considered reckless on the road.

Identify the Defendants

The truck driver alone may not be the only defendant in your case, and it is important to identify all potential defendants so you can collect the damages you are entitled to. Your truck accident attorney will examine your case to find all the possible defendants, which can include the trucking company, the company’s insurers and contractors. If hazardous materials on the truck made your accident worse or contributed in any way, the maker or supplier of those materials may also bear some legal responsibility.

What can I do if I’m hit by a car while riding a bicycle?

Riding a bicycle can be a great way to get where you need to go in an efficient manner, but it can also put you at risk for being involved in an accident where you are hit by a car for something that’s not your fault. Keep reading to understand more what to do in this common but often frightening situation so you’ll feel more equipped to pursue your options.

Firstly, it’s important to realize that bicyclists have largely the same rights as motorists who are injured in accidents of their own. The main difference is, whereas drivers are required to carry car insurance in most states, that does not apply to people who ride bicycles.

No-Fault States

There are about 12 states that are considered ‘no fault’ areas, meaning you cannot take action against a driver who is at fault for an accident. In most cases though, you can file an accident claim with the insurance company associated with the driver who caused the accident. This is called a third-party claim.

Alternatively, you may have car insurance that comes with a special type of coverage called personal injury protection, or PIP. In that case, you may be able to file a claim under your own insurance.

Getting Help From Legal Professionals

Understandably, you may not be sure how to take legal action against someone who has hurt you through no fault of your own. Being injured in an accident is almost always overwhelming, and that’s especially true if you were following all the rules of the road as a responsible bicyclist but still got hurt. For further guidance on this complex matter, get the advice of a bicycle accident lawyer that focuses on cases in your community. A bicycle accident attorney can answer all your questions and give advice about the strength of your claim as well as the potential weaknesses.

Another advantage of working with a bicycle accident attorney is that they will guide you through every step of the process and offer excellent peace of mind in a situation that otherwise seems very uncertain. If you have suffered a bicycle accident due to another person’s negligence, make the smart decision to talk to a bicycle accident lawyer, even if it’s only to get a consultation about the avenues you could pursue. Information is extremely powerful in legal situations, and you owe it to yourself to be as informed as possible while moving forward.

How can I prove my injury was caused by someone else’s negligent actions?

‘Negligence’ is a fairly broad term which can be confusing if you have recently suffered an injury for which you believe another party bears some responsibility. In short, a person is negligent if they have failed to meet the behavioral standards to protect you from harm which could have been prevented had they met those standards. If you are confused by what negligence means in regard to your situation, take a look at some common examples.

Car Accidents

Car accident negligence includes various reckless actions by the driver who caused the crash, such as cell phone use while driving, running a red light or stop sign or driving under the influence. Since the driver responsible for the accident could have prevented it by not engaging in careless or reckless behavior while driving, they are considered negligent and bear some responsibility for the injuries and harm caused to the other drivers involved.

Slip and Fall

A person is not necessarily entitled to compensation for injury and loss just because they fell on someone else’s property, as any negligence lawyer will tell you. Whether the property owner is negligent depends on what caused the slip and fall. For example, if you tripped over a clear door-frame that is in good condition, because you were distracted, the property owner is not responsible for any injuries. But if you are injured because your foot goes through stairs the owner has failed to repair or maintain, the owner may be liable for negligence for failing to act.

Dangerous Products

Manufacturers have a duty to produce items that perform in a reasonably safe way. A car maker, for instance, is expected to produce cars without defects which are dangerous. So, if a car manufacturer releases a model that has faulty brakes, it may be liable for negligence when drivers of the car are hurt because they cannot stop properly.

Do You Have a Case?

Essentially, you should always speak to a negligence lawyer before deciding whether you have a reason to go to court. A person with legal knowledge is better suited to determine the merits of your case. In the broader sense, if you are not at fault in whatever caused your injury but someone else is because they failed to behave reasonably, you probably have a valid case for negligence in court and are entitled to compensation for your pain, suffering and other losses, such as wages lost because of your condition.

How do New York courts assess fault in personal injury cases?

Personal Injury refers to an assault to the physical and mental well being rather than to property. Each state varies in assessing fault in an accident. In shared fault cases, the defendant being held liable for the incident may claim the victim holds some blame. In such cases, New York follows a “pure comparative negligence rule.” This rule states the amount of damages awarded will be reduced proportionally to the victim’s fault in the incident.  Additionally if a person falls victim to a motor vehicle incident, compensation may be limited due to New York State’s “no fault” law. This law forces victims to collect from their own insurance policies first regardless of who carries blame in the accident if the injuries sustained are not serious enough to qualify for a lawsuit.

In cases involving government negligence, New York State follows a different set of rules in order for a victim to recover damages. In such incidents, a victim will only have 90 days to file a formal claim and one year to file a lawsuit against the city. Lastly in personal injury cases involving dogs and other animals, New York does not have any specific law regarding liability. However the “one bite rule” states the owner may hold responsibility in an injury caused by their animal if the owner had known or should have known the animal was dangerous. If the particular breed or recent behaviors of an animal suggests behavior that could potentially be harmful to others the owner may be held at fault after an incident resulting in a personal injury case. But if the dog had never inflicted a bite before there might not be liability.

It is important to keep in mind after such incidents that each state has a varying statute of limitation. “Statute of limitation” refers to the maximum time in which a victim can bring a personal injury case to court. In New York, for personal injury cases the injured person is given three years from the injury date to file a lawsuit.  If a case in not filed within the time limit the victim will lose the right to file a personal injury claim.

If you wish to learn more about how New York assess fault in personal injury cases, speak to an experienced and professional attorney to help you understand your rights – call 212-353-8700 and speak to one of our attorneys today.