Blog 
Car Accidents
- Kids Better Off Driving With Grandma Than With Mom or Dad, Study Says
- Finding the Silver Lining in a Tragic Queens Car Accident
- Brooklyn Car Accident Case Highlights Importance of Photos
- CDC Predicts That On Average, 1 Pedestrian Will Be Killed Every 2 Hours
- In Big Shift, NY Court Expands Police & EMS Liability for Car Accidents
Library
Car Accidents
- When Rear-Ending Another Vehicle Isn't Automatically Fatal to a New York Car Accident Case
- When the Duties of a Bus Driver to His Passengers End Under New York Law
- New York's Responsibilities for Dangerous Roads
- Why a Malfunctioning Traffic Signal Alone Isn't Enough to Hold NYC Liable in Negligence
- What Is the "Emergency Doctrine" in a New York Car Accident Case?
Case Results
School Negligence / Negligent Supervision
- $45,000 Recovered for Brooklyn Girl Burned By Excessively Hot Water
- $250,000 Recovered For 7 Year-Old Student Hit By Car at Dismissal
- $90,000 Recovered For Girl Burned By Soup That Was Negligently Prepared By Home Health Aide
Awarded: $45,000
Awarded: $250,000
Awarded: $90,000
Construction Site Accidents
Car Accidents
- $350,000 Recovered For Passenger in NY Taxi Cab
- $145,000 Settlement for Back Injury Resulting from Suffolk Boating Accident
- $75,000 for Queens Man Who Was Backed Into by Lincoln Navigator
Awarded: $350,000
Awarded: $145,000
Awarded: $75,000
Slip / Trip and Fall Accidents
- $115,000 Post-Trial Settlement for Trip & Fall in Long Island Store
- $300,000 Recovered For Woman Who Tripped and Fell Over Misleveled Sidewalk
- $75,000 Recovered For Woman Who Tripped and Fell Over Water Hose
Awarded: $115,000
Awarded: $300,000
Awarded: $75,000
Defective Products
- $550,000 Recovered for Woman Whose Achilles Tendon Was Cut
- $90,000 Recovered for Woman Who Sustained Second Degree Burns When Handle Broke Off From Ceramic Mug
Awarded: $550,000
Awarded: $90,000
Other
- $80,000 Recovered For Woman Assaulted By Building Superintendent
Awarded: $80,000
1.866.374.1164
I was recently involved in an accident, and certainly bear some, if not most, of the responsibilty for the accident. Does that mean that I cannot recover damages for my personal injuries?
A: Generally speaking, the answer is no. New York is a comparative negligence state, which means that each party to an accident (with certain exceptions that are set forth in Articles 14 and 16 of the Civil Practice Law & Rules) is obligated to pay for their pro rata share of fault for the accident. A prime example of this principle is illustrated in our blog post about How a Brooklyn Subway Accident Victim Won $7 Million - Even Though He Was Largely At Fault For His Own Accident, where a plaintiff recovered significant damages for his personal injuries after a subway train hit him even though he was only on the subway tracks to begin with because he was heavily inebriated and/or intoxicated.
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"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer. There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.
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News
- Collision Between Motorcyclist & Town Car in Manhattan Leaves 1 Dead...
Posted on 8/17/2011 - School Bus Accident in Upstate New York Leaves Driver With Serious Personal Injuries...
Posted on 1/26/2011 - Hit & Run Accident By Drunk Driver on LIE Leaves Motorcyclist Dead...
Posted on 1/10/2011 - Two-Car Accident in Westbury Leaves One Dead, One In Coma...
Posted on 1/5/2011 - Cab Collission With Truck In Brooklyn Leaves Child in Critical Condition...
Posted on 1/3/2011 - In Another Tragic Bronx Highway Accident, Pedestrian Killed Along Hutchinson River Parkway...
Posted on 12/31/2010 - In Bronx Pedestrian Knock-Down Accident, 73 Year-Old Man Left in Critical Condition...
Posted on 12/26/2010 - School Bus Crash in Brooklyn Leaves Driver Seriously Injured...
Posted on 12/22/2010 - Bronx Girl Suffers Brain Injury After Driver Rides Up on Sidewalk...
Posted on 11/15/2010 - 75 Year-Old Queens Pedestrian Killed in Accident With FDNY Ambulance...
Posted on 9/16/2010
FAQs
School Negligence / Negligent Supervision
- Are day care facilities in New York required to carry insurance before they are allowed to be licensed?
- Can a child be held liable for negligence under New York law?
- Can a parent be held responsible, or liable in negligence, for the acts of his child under New York law?
Construction Site Accidents
- Can a construction worker recover damages for his personal injuries that were sustained when he trips over a cinder block at a worksite under New York law?
- What laws apply to a New York construction accident?
- Can I sue my employer in NY for the personal injuries I suffered while working on a construction job site?
Car Accidents
- If I rear-end another vehicle, does that automatically mean that a court will find me 100% at fault for the accident under New York law?
- Who is responsible to maintain the roadways in New York?
- If a traffic light governing an intersection isn't working, does that mean that New York City or the municipality can automatically be held liable in negligence for my accident under New York law?
Slip / Trip and Fall Accidents
- Can New York State be held liable for a trip and fall accident on a defective sidewalk fronting its property?
- What does a property owner need to prove in order to have a slip and fall case dismissed before trial in New York?
- What is the most important factor to proving a trip and fall case against New York City?
Defective Products
- If a product is obviously dangerous, does that mean that it can't be considered defective as a matter of New York law?
- If someone is largely - but not entirely - to blame for their own accident, will that preclude them from recovering damages for their personal injuries in a negligence or defective products lawsuit?
- If a manufacturer or distributor of a product issues a product recall, does that mean that they have conceded that their product is defective?
General
- If a plaintiff cannot remember how his accident occurred, does that mean that his case must be dismissed as a matter of New York law?
- Is a school required to supervise its students at an after school program under New York law, and if so, what is the school's standard of care?
- What effect, if any, does a defendant's declaration of bankruptcy have on my personal injury lawsuit in New York?