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If I’m partially at fault for my car accident can I still file a claim?


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If your involved in an accident, even if you are partially at fault, you should speak with an attorney. If you have suffered an injury as the investigation goes on, and parties are questioned about how the accident happened, a percentage will be apportioned to their responsibility, it’s called comparative negligence.

New York State is a comparative negligent state, so even if you are partially at fault, you can still bring a claim, and then a jury or the judge will make a determination as to what the responsibilities are of each party. One party can be ninety percent at fault, the other party ten, fifty fifty, seventy five twenty five, those percentages would add up to one hundred. So even if you are partially at fault, you can still bring a claim.

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Kingston Office

255 Fair Street, P.O. Box 3356
Kingston, New York 12402

Phone: 845-331-4100
Fax: 845-331-6930

Marlboro Office

1390 Route 9W, P.O. Box 727
Marlboro, NY 12542

Phone: 845-236-4411
Fax: 845-236-3190

Rusk, Wadlin, Heppner & Martuscello, LLP, is located in Kingston, NY and Marlboro, NY and serves clients in and around Ulster County as well as parts of Orange, Dutchess, Columbia and Greene Counties as well as many surrounding areas.

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