We began looking in our last post at the topic of comparative negligence. As we noted, New York uses the minority approach known as pure comparative negligence, which does not bar a plaintiff from recovering damages based on how at fault he or she is determined to be for the accident.
For a plaintiff, pure comparative negligence is a positive thing, of course, because it means that he or she still has the ability to recover damages to the extent that others are at fault for the injuries. It also means, though, that part of building a strong personal injury case is defending against accusations of contributory negligence and presenting strong evidence of the defendant’s contributions to the accident.
Comparative negligence can be an issue not only between motorists and cyclists involved in a car accident, but also between motorists and pedestrians. Readers have probably heard of the current craze involving Pokémon Go. Users of the game have suffered serious injury in several states, including New York.
Given the distracting nature of the game, there is certainly a risk that users of the game could cause or become involved in motor vehicle accidents, which could involve the issue of comparative negligence. According to legal experts, it is only a matter of time before lawsuits are filed against the company for injuries of users, and this may also involve the principles of comparative fault.
Pedestrians who are involved in any motor vehicle accident should, of course, work with an experienced attorney to receive guidance and advocacy. This is especially important, though, for those who may have had a role in causing the accident that led to their own injuries.