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Rusk, Wadlin, Heppner & Martuscello, LLP Celebrating 150 years

Hudson Valley Law Firm Frequently Asked Questions Videos

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

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Transcript:

If you’re involved in an accident, even if you are partially at fault, you should speak with an auto accident 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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