What is liability in a Long Island car accident?

May 21, 2018 | By William Mattar, P.C.
What is liability in a Long Island car accident?

Long Island drivers causing a traffic accident may be considered "liable" for damages caused by other drivers. To be held liable, the driver must have engaged in reckless or negligent activity resulting in the accident. Examples of reckless or negligent driving behavior include driving while intoxicated, distracted driving, speeding and disobeying traffic signals and laws.

Liability and Vehicle Insurance

Drivers of cars registered Long Island are mandated to buy New York State (NYS) liability insurance.. The minimum liability insurance drivers must carry is at least $50,000 for death and at least $25,000 for other bodily injuries. If you cause an accident while driving an uninsured vehicle, you must pay for the other's drivers damages out of your own pocket.

Liability and Comparative Negligence

New York State has a "comparative negligence" law which allows apportioning blame in personal injury and vehicle accident cases. This means injured individuals can receive compensation but the amount of compensation will be reduced in proportion to their own negligence. For example, if two Long Island drivers were involved in an accident and one driver is deemed 98 percent "at fault" for the accident, the damages of that driver will be reduced by 98 percent.. An example of comparative negligence is jaywalking. If a jaywalker (someone who crosses the street outside of a designated crosswalk) is struck by a vehicle traveling 10 miles over the posted speed limit and the jaywalker seeks $20,000 in damages from the vehicle's driver or auto insurance company, that jaywalker’s recovery may be reduced by his/her comparative fault. Texting/talking on cell phones and failing to use turn signals are other examples of comparative negligence in which a driver's liability for a Long Island car accident may be increased monetarily. If you were involved in an accident and are not sure what your liability may be, contact William Mattar today to schedule a consultation appointment with one of our car accident lawyers.