Some of the clearest-cut cases in personal injury law are those where a single party is 100% at fault for an accident.
In our decades of experience at Buttafuoco & Associates, however, we’ve found that this is rarely the case. In a densely populated place like New York City, it’s common for multiple parties to contribute to an accident.
For example, a multi-car accident at a busy intersection could be the fault of a distracted driver on their phone, while another driver recklessly runs a red light, leading to a third party suffering serious injuries.
Cases with multiple defendants can become especially complex and require expert legal counsel.
In this article, we’ll describe the legal frameworks used when multiple parties are at fault for an accident and what a personal injury attorney in New York can do for you.
Comparative Negligence
New York state is guided by comparative negligence laws for personal injury cases. This means that a party is liable proportionately for how much they contributed to the accident, and it’s used when the injured party is at least partly at fault.
For example, if your car was struck by a speeding driver, but you were illegally texting at the time, you may be found partially at fault for the accident, and that proportion of fault would be reduced from damages. If you are found to be 20% at fault for an accident, the amount you are awarded by the court would be reduced by 20%
If multiple parties are at fault, but the injured party is not one of them, then generally the case falls under Joint and Several Liability.
Joint and Several Liability
Under New York law, joint and several liability comes into play when multiple parties are at fault for an accident, but the plaintiff (the injured party) is not one of them. Under joint and several liability, the injured party may seek the entirety of economic damages (medical bills, lost wages, etc.) from a single defendant. Then that defendant may seek reimbursement from the other defendants who were liable. This protects injured parties by ensuring that they receive the compensation they need, without having to endure the complexities of pursuing damages piecemeal.
Compensation for non-economic damages (such as pain and suffering) is handled slightly differently.
If a party is considered more than 50% responsible for an accident, they are liable for the entirety of non-economic damages. If no single party is considered at least 50% responsible, each party responsible for the accident is only responsible for a proportion of the damages awarded for pain and suffering based on their liability.
When to Reach Out to an Attorney
As more parties become responsible for an accident, the complexity of any case multiplies, so we recommend reaching out to a personal injury lawyer serving New York immediately. An attorney can:
- Identify who is at fault: It may appear clear at first, but identifying all negligent parties that contributed to an accident may require legal expertise and dogged investigation.
- Determine the nature of fault: The legal basis for each party’s negligence can vary—such as in the case of product liability cases—requiring distinct types of evidence and legal claims.
- Manage cases against multiple defendants: Proving fault against a single defendant is difficult enough; a qualified New York personal injury lawyer can gather the necessary evidence, consult expert witnesses, and build the legal case to get you the compensation you deserve.
Call 1-800-NOW-HURT for a free consultation with our seasoned legal team at Buttafuoco & Associates. We will pursue everyone who may be at fault for your injuries and get you the compensation you need to get your life back on track.