New York State follows a rule of pure comparative negligence.
Pure comparative negligence means that a determination of fault is found by the court. If the plaintiff is found to be 60 percent at fault for his or her own injury, any award of damages will be reduced by the percentage that reflects his or her part in the accident.
Finding negligence for an auto accident requires an attorney to apply tort law in finding fault.
Tort law allows an injured party to recover from a party found liable for his or her injuries. Elements of negligence that must be proved include the following:
- Duty. A duty of care was owed by one party to another.
- Breach. A breach of that duty occurred.
- Cause. Because of the breach, an accident or injury resulted.
- Damage. The accident caused injury or damage to another party.
Understanding and proving negligence in an automobile accident is an important aspect of achieving fair compensation. If you are injured, an auto accident attorney from Rubin & Licatesi, P.C. can help.
Contact the Brooklyn team at Rubin & Licatesi, P.C. today
With over 30 years of experience pursuing insurance and legal claims for individuals injured in auto accidents, the lawyers at Rubin & Licatesi, P.C. serve clients in Brooklyn, Queens, Long Island, Westchester and Rockland Counties, and throughout New York City. At the negotiating table or in the courtroom, our seasoned accident attorneys provide aggressive legal representation and outstanding client service. Contact us online or call 516-227-2662, to schedule a free initial consultation.