1. Fault in Car Accidents in New York – Liability Evaluation in Passenger Injury Claims
New York law requires evaluating how the crash occurred, who contributed to the collision, and how much each party’s conduct influenced the resulting harm.
As applied here, the primary issue was whether the client’s alleged seat belt non-use truly increased the severity of injury.
Our legal team demonstrated that the taxi driver’s negligence remained the dominant cause, supporting a minimal negligence allocation to the client.
Assessing Comparative Fault and Injury Impact
New York follows a pure comparative fault system, meaning each party is liable only for their percentage of fault.
Insurance companies often attempt to over-inflate a passenger’s responsibility.
In this case, the driver claimed a 50% reduction due to seat belt non-use, but no medical expert could conclude that the injuries would have been significantly reduced.
Prior New York rulings acknowledge a 20% seat belt deduction in similar circumstances, and we used this benchmark to argue that the opposing estimate was unfounded.
By establishing the absence of causal medical evidence, we minimized the client’s contributory fault.
New York utilizes a system of "pure" comparative negligence.
This means that your right to receive damages is preserved even if you are significantly at fault for the accident.
Your final damage award is simply reduced proportionally by your assigned percentage of fault.
For example, if your total losses are $100,000 and you are found 25% liable, you recover $75,000.
Clarifying How Fault Influences Compensation
The degree of fault directly affects economic and noneconomic damages.
Because the client suffered fractures requiring hospitalization and extended therapy, the economic losses were substantial.
We provided a detailed assessment of (1)medical treatment costs, (2)lost wages, and (3)projected long-term impairment.
This supported our position that even with a small comparative fault adjustment, the compensation should remain meaningful.
2. Fault in Car Accidents in New York – Evaluating Lost Earning Capacity and Disability
The second major issue concerned how long the client’s injuries impaired their ability to work.
New York courts consider medical assessments, rehabilitation records, and vocational evidence to determine whether the claimant lost earning capacity beyond the immediate recovery period.
Expert evaluations concluded that the client’s work ability was significantly restricted for nearly three years, justifying recovery for past and future wage losses.
Loss of earning capacity is not limited to the period of hospitalization.
For this client, orthopedic and neurological findings confirmed that the injuries interfered with daily functioning well after discharge.
We demonstrated:
These factors strengthened the claim for substantial wage-loss
Establishing the Duration of Disability
The client’s seven-week hospitalization was only the beginning.
Independent examiners concluded that the injury resulted in chronic mobility limitations affecting work performance for up to three years.
New York courts accept medical testimony as the primary indicator of a disability period, and based on those reports, we secured compensation that accurately reflected the extent of the disability.
3. Fault in Car Accidents in New York – Financial Liability of Negligent Drivers
Liability under New York law extends beyond immediate injury treatment and includes long-term effects caused by the negligent driver.
The taxi driver owed compensation for all economic and noneconomic damages stemming from the accident.
Our goal was to demonstrate that the driver’s negligence—not speculative seat belt factors—was overwhelmingly responsible for the harm.
We addressed the opposing argument by emphasizing these points:
- The driver admitted to inattentive operation of the taxi.
- No reliable evidence established a direct causal link between seat belt non-use and the severity of injuries.
- New York precedent limits reductions to a reasonable and medically supported percentage.
The court agreed, rejecting the attempt to undervalue the client’s damages.
4. Fault in Car Accidents in New York – Legal Strategy and Case Outcome
After evaluating medical bills, wage loss, pain-and-suffering, and long-term impairment, the court awarded $50,000 in compensation.
This outcome relieved the client of immediate financial strain, enabling continued treatment and recovery without the added burden of uncompensated losses.
The success of the case resulted from a comprehensive strategy rooted in factual analysis, expert testimony, and application of New York’s comparative negligence rules.
The outcome illustrates how legal advocacy can overcome exaggerated fault allegations frequently raised by defendants and insurers.
27 Nov, 2025
