Brooklyn car accident attorney Samantha Kucher (https://www.rrklawgroup.com/can-you-get-compensation-if-the-accident-was-your-fault/), of Kucher Law Group, provides valuable insights into New York’s complex legal landscape regarding car accident compensation, even for those who share some responsibility for the incident. In the latest article, Kucher emphasizes that being involved in a car accident does not necessarily exclude someone from receiving compensation, even if they were partially to blame. Under New York’s pure comparative negligence rule, injured parties can still pursue damages for their injuries, making it crucial to understand how this law functions.

Car accident cases can be complex, particularly when fault is disputed. Even if a driver is found to be partly responsible for an accident, New York law allows them to recover damages, but their compensation will be reduced by the percentage of their fault. For example, a driver found to be 30% responsible for a crash can still recover 70% of their total damages. Brooklyn car accident attorney Samantha Kucher highlights that this law helps ensure that victims who may have contributed to the accident are not wholly barred from financial recovery.

In the article, Kucher notes that understanding New York’s no-fault insurance system is crucial. This system allows accident victims to recover compensation for basic economic damages, such as medical expenses and lost wages, regardless of who caused the accident. However, for those who wish to recover damages beyond this, such as pain and suffering, fault becomes a key consideration. A Brooklyn car accident attorney can help evaluate the situation and determine how to minimize a client’s percentage of fault, increasing their chances of receiving fair compensation.

New York’s pure comparative negligence law plays a significant role in determining how much a car accident victim can recover. As Kucher explains, this legal framework makes sure that compensation is proportional to the level of fault attributed to each party. For instance, even if a driver is deemed 70% responsible for an accident, they are still entitled to recover 30% of their total damages. This system is distinct from contributory negligence rules in other states, where any fault could entirely bar a person from receiving compensation.

Kucher further explores how the court determines fault in these cases. The Brooklyn car accident attorney explains that the process begins by establishing whether the at-fault driver owed a duty of care to others on the road. A duty of care refers to the responsibility of all drivers to operate their vehicles safely and adhere to traffic laws. If a driver breaches this duty, for example, by speeding, texting while driving, or running a red light, they may be found liable for any resulting accidents.

Once a breach of duty is established, the court must prove that this breach directly caused the accident and the injuries suffered by the victim. Kucher explains that this step is vital in connecting the negligent behavior of one party to the harm caused. Evidence such as police reports, witness statements, and professional testimony are typically used to establish this causation. If the evidence shows a direct link between the driver’s negligent actions and the accident, the court can assign a percentage of fault to that driver.

The article also discusses the importance of documenting the scene of the accident. Even if a driver is partly responsible, thoroughly documenting the scene can help reduce their assigned percentage of fault. This includes taking photos of the damage, road conditions, and gathering witness information. Kucher stresses that accurate documentation is vital for achieving a fair determination of fault and can be used to challenge any misrepresentations by the opposing party or insurance companies.

For car accident victims in Brooklyn, Samantha Kucher encourages them not to be disheartened if they believe they may be partially at fault for the crash. The Brooklyn car accident attorney reiterates that New York’s laws allow for compensation even when fault is shared, and a car accident attorney can play a critical role in maximizing that compensation. The no-fault insurance system offers some protection, but to recover full damages, including those for pain and suffering, establishing a fair assessment of fault is necessary.

About Kucher Law Group:

Kucher Law Group is a leading law firm based in Brooklyn, New York, well-versed in personal injury and car accident cases. Led by experienced car accident attorney Samantha Kucher, the firm is dedicated to helping accident victims recover compensation for their injuries and losses. With a deep understanding of New York’s comparative negligence laws, Kucher Law Group fights for the rights of their clients, helping ensure they receive the justice they deserve.

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Website: https://www.rrklawgroup.com/brooklyn-personal-injury-attorney/

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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
Email: Send Email
Phone: (929) 563-6780
Address:463 Pulaski St #1c
City: Brooklyn
State: New York 11221
Country: United States
Website: https://www.rrklawgroup.com/brooklyn-personal-injury-attorney/