A: Determination of fault in a parking lot accident comes down to a question of reasonableness. Could or did the driver see you? Could he have avoided striking you? Was he driving too quickly?
Comparative fault is important to the extent that if you played a role in causing the accident, the amount of compensation might be reduced by the percentage by which a jury deems you to be responsible for your injuries.
New York is a pure comparative negligence state. A claimant’s negligence, no matter how great, will not bar recovery, but the damages recoverable will be reduced in proportion to his negligence.
LaMarche Safranko Law Can Help
If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC for a free consultation.