What if the accident was your fault?
Posted By Foley Griffin, LLP
If you are involved in a car accident, and the accident is 100% your fault, there is not much we can do for you. New York State law is quite clear that you can only recover for injuries in an accident if the accident is, at least in part, the fault of someone else. Well, what if responsibility (liability) is shared by you and another? In that case we can help. As an example, we represent a client, TF, who was riding a bicycle at the time of his accident. As he was rounding the corner in a residential neighborhood, his bike was struck by an SUV. TF said the accident happened on the right side of the road. The SUV driver said the accident happened on the left side. We were concerned that the jury may sympathize more with the driver, rather than TF. Although we started a lawsuit for TF, we decided that a fair way to resolve this case would be at arbitration. At arbitration, we put the case in the hands of an experienced attorney or former Judge. This person is more likely not to be sympathetic to either side, and we felt this would benefit our client. Arbitration is a way to resolve a case outside of the court system. Both sides must agree that a third party, attorney or retired Judge, will make binding decisions on the case. It can be much more cost efficient and time efficient. With the right case, arbitration can be a great way to resolve a case.