Soy parcialmente culpable de mi accidente de tráfico: ¿qué pasa ahora?

When Are You Partially Responsible for a Car Crash?

In New York, you can be considered partially at fault for a car crash when your actions or negligence contributed to the occurrence of the accident. In these situations, even if another party is also at fault, your actions that contributed to the crash can lead to a determination of partial liability. Under New York's pure comparative negligence rule, your compensation for damages will be reduced by your percentage of fault, but you can still recover damages even if you are more than 50% at fault.

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Driving While Distracted – This means using your phone, eating, or being otherwise distracted while driving. If this distraction contributed to the crash, you could be partially at fault.

Speeding Over the Limit – Driving above the speed limit or too fast for road conditions can result in a partial fault. That is, if it played a role in causing the accident.

Failure to Use Turn Signal – Not using turn signals when changing lanes or turning can lead to a collision. In this case, you might be partially at fault for not signaling your intentions.

Ignoring Traffic Signs and Signals – Running a red light, failing to stop at a stop sign, or not yielding the right-of-way can contribute to an accident. This can lead to partial responsibility on your part.

Changing Lanes Improperly – Making unsafe or abrupt lane changes without checking blind spots or signaling can result in a crash and partial liability.

Following Another Vehicle Too Closely – Tailgating or not maintaining a safe following distance can cause rear-end collisions. This can make you partially at fault in most cases.

Driving Under the Influence – If you were under the influence of alcohol or drugs while driving, you would likely be considered at least partially at fault. This impairs your ability to drive safely. 

Driving a Defective Vehicle – Operating a vehicle with known defects, such as faulty brakes or worn tires, that contribute to the accident can lead to partial fault.

Violation of Traffic Laws – Any breach of traffic laws, such as illegal U-turns, driving on the wrong side of the road, or other infractions, can result in partial fault.

Improper or Inadequate Vehicle Maintenance – If you fail to maintain your vehicle properly, and it leads to mechanical failures, it could lead to a crash. This can put some of the fault on you. 

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These are basic reasons where a car crash could be partially your fault. However, incidents like a fender bender caused by the other party driving too slowly, or prescription drugs impairing your ability to steer your vehicle safely may lessen your share of the responsibility. Always discuss these details with your lawyer before speaking to any authority. Your attorney is your most trustworthy source for determining exactly how much of the crash is your responsibility, and potentially easing your share of the blame.

How the Court Assesses Responsibility for a Car Crash

In New York, the court assesses your degree of fault in an automobile accident through a process that uses various forms of evidence and testimony. This is how the process typically works. The exact procedure may change with the nature of the crash.

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The first step is investigation and evidence gathering. The court will look at all the evidence related to the accident. Such as –

Police Reports – These often provide an initial assessment of fault based on the officers' observations and any traffic citations issued.

Witness Testimonies – Statements from people who saw the accident can provide insights into how it occurred and who may be at fault. Your attorney can help you acquire these reports lawfully.

Accident Reconstruction – Depending on the severity of the crash, experts may be brought in to reconstruct the accident. This is typically done using physical evidence and scientific principles to determine the sequence of events.

Photograph and Video – Images from the scene, including traffic camera footage, dashcam videos, or photos taken by pedestrians and bystanders, can help illustrate the circumstances of the crash.

Damage to the Vehicles – The nature and location of damage on the vehicles can indicate the points of impact. This can be an insight into the potential fault.

Traffic Laws and Violations – The court will consider any traffic laws that were violated by the parties involved. For example, if one driver ran a red light or was speeding, this could significantly impact the assessment of fault.

Depositions and Interrogatories – Both parties may be required to provide sworn statements and answer questions under oath during the discovery process. These can help clarify each party’s actions and responsibilities leading up to the accident.

Comparative Negligence Analysis – New York follows a pure comparative negligence rule. This means that the court will determine the percentage of fault for each party involved. This percentage reflects each party's contribution to the accident. For instance, if Driver A is found to be 70% at fault and Driver B 30%, Driver A’s recoverable damages will be reduced by their degree of fault (70%).

The Assessment of the Judge and Jury – In a trial, either a jury or a judge will hear all the evidence and arguments presented by both sides. They will then decide on the degree of fault for each party. This decision is based on the evidence presented and how it aligns with New York traffic laws and regulations.

Legal Arguments and Representation – Both parties can have the opportunity to present their case, including any mitigating factors or defenses. Skilled accident attorneys will argue on behalf of their clients to either reduce their client's percentage of fault or increase the other party's percentage.

Issuing the Final Judgment

After considering all evidence, testimonies, and legal arguments, the court will issue a final judgment assigning specific percentages of fault to each party. These percentages will determine how much you, and all parties involved, can recover in damages.

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How A Skilled Accident Lawyer Can Build a Case in Your Defense 

Understanding the nuances of New York’s comparative negligence laws can be complex. A skilled accident lawyer can provide expert guidance on how the law applies to your case. He or she can make sure you – their client – gets the best outcome from the legal proceedings.

They will begin by building a strong case. Your attorney will work to present a compelling case, highlighting any mitigating factors or errors in the other party's claims. They can identify – and emphasize – any negligence on the part of the other driver that contributed to the accident.

Even if you are partially at fault, an attorney can help you seek the maximum possible compensation for medical bills, lost wages, pain and suffering, and other damages. They will make sure all aspects of your losses are accounted for in any settlement.

If a fair settlement cannot be reached, an attorney can represent you in court. They will present evidence, question witnesses, and make legal arguments to get you a favorable outcome.

A skilled attorney can also help mitigate any long-term consequences of the accident. Such as protecting your driving record and minimizing insurance rate increases.

Of course, dealing with the aftermath of a car accident can be stressful. An attorney can provide support and guidance throughout the process. This can help you alleviate some of the burdens ensuring your rights are protected.

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Overall, an experienced attorney can significantly improve your chances of achieving a fair outcome, even when you are partially at fault for a car accident in New York.‍