Car accidents happen every day in New York City – over 300 of them on average. The hustle and bustle of the city isn’t conducive to careful driving, and there are so many people and sights that drivers can easily become distracted. Car collisions, car crashes, and motor vehicle accidents are common scenarios where joint and several liability may apply. Motor vehicle crashes aren’t the only type of personal injury accident that New Yorkers fall victim to. In New York State, motor vehicle liability is determined based on the degree of fault and the specific circumstances of the accident. If a car accident, slip and fall accident, construction site incident, or other type of accident causes you to be injured, liability and fault will play a major role in your claim for damages. Each party involved in an accident may be held responsible, and several parties can share liability depending on their actions. In the context of accidents, negligent parties are those whose actions or inactions cause harm to others and can be held accountable under the law. Accident claims in New York often involve multiple defendants because properties, vehicles, and worksites are frequently owned or operated by more than one party, which increases the likelihood that joint liability principles will apply.

Getting to Know Joint Liability

Joint liability is a foundational legal principle in New York personal injury cases, especially when an accident involves multiple parties. Under New York law, joint liability means that two or more parties can be held responsible together for causing harm or damages to an injured party, affecting the defendant’s liability. This concept is particularly important in situations like car accidents with several vehicles, construction site incidents involving various contractors, or premises liability cases where multiple owners or tenants may share responsibility. New York courts commonly apply joint liability when the conduct of multiple defendants contributed to a single, indivisible injury that cannot be reasonably separated among them.

In the context of personal injury cases, joint liability ensures that injury victims are not left without recourse simply because one responsible party cannot pay. When multiple defendants are found liable, the plaintiff can pursue compensation from any or all of the liable parties. This is closely related to the legal principle of joint and several liability, which allows a plaintiff to recover the entire amount of damages owed from one party, even if other liable parties are unable to pay their share. This means that if one defendant cannot fulfill their portion of the judgment, the other defendants may be required to cover the entire amount, ensuring the injured party receives full compensation. This rule is particularly significant when one defendant is uninsured, underinsured, or financially insolvent, leaving the remaining defendants responsible for the full award.

New York’s liability laws are designed to protect injury victims and provide a clear path to compensation, even in complex cases involving multiple liable parties. The state’s comparative fault system also plays a significant role, as it determines each party’s percentage of fault and how much each is responsible for paying. This system helps ensure that the compensation awarded reflects the actual degree of responsibility each party had in causing the plaintiff’s injuries.

Identifying all potentially liable parties is crucial in personal injury claims involving joint liability. Whether it’s a car accident with several drivers at fault or a slip and fall on property owned by multiple entities, missing a responsible party can limit the compensation available to the injured person. A knowledgeable personal injury lawyer can help navigate the legal process, identify all at-fault parties, and provide legal help to pursue the full extent of compensation allowed under New York law. Early investigation is essential, as evidence related to shared liability—such as maintenance logs, contractor agreements, or surveillance footage—can disappear quickly after an accident.

Understanding how joint liability and joint and several liability apply in New York personal injury cases is essential for anyone seeking to recover damages after an accident involving multiple parties. By working with an experienced attorney, injury victims can ensure that their rights are protected and that they are not left bearing the financial burden of someone else’s negligence. If you have been involved in an accident with multiple parties, consulting a personal injury lawyer can provide a free case review to help you explore your legal options and maximize your recovery under New York’s liability laws.

New York’s Comparative Negligence Law

Fault is arguably the most important aspect of personal injury cases, and New York uses a legal doctrine known as comparative negligence to determine fault. It allows the injured victim to receive compensation even if they were partially at fault for the accident that hurt them. New York’s comparative negligence rule states that injured parties can recover damages if fault is shared between the parties, but any compensation awarded will be reduced by their percentage of fault. New York follows a “pure” comparative negligence system, meaning a plaintiff can recover compensation even if they are 99% at fault, as long as another party holds at least 1% of the blame.

For example, suppose Bethany and Marcus were in a car accident. Bethany was awarded $30,000 for her injuries, but she was also found to be 25% at fault for the collision. Her $30,000 would be reduced by 25%, making the total she receives $22,500.

Joint and Several Liability in New York

Adding to the complexity of New York personal injury claims and comparative negligence is the rule of joint and several liability, which states that more than one defendant can be held liable for an accident. Each defendant found at fault for a plaintiff’s injuries may be held responsible for the economic losses the plaintiff experienced, contributing to the total damages. Non-economic losses are not included in joint and several liability. Under New York CPLR §1601, a defendant who is less than 50% at fault is only severally liable for non-economic damages, meaning they are responsible only for their percentage share of pain and suffering awards.

Joint and several liability should not be confused with joint liability, which is a similar but separate legal principle. Joint liability also allows multiple defendants to be held responsible for an injury-causing accident, but the responsibility is shared equally between each at-fault party. In joint and several liability, each party’s responsibility is based on their percentage of fault.

Economic and Non-Economic Losses

There are two common types of damages that can be awarded in New York personal injury cases – economic and non-economic.

Economic damages include losses and expenses caused by the accident. They tend to be relatively easy to quantify and include medical expenses, loss of income, personal care costs, and property damage. Hospital bills, ambulance transportation costs, home health care, lost wages, and car repair costs are a few specific examples of expenses that would qualify as economic losses. Economic damages also include long-term rehabilitation costs and projected future lost earnings when injuries result in permanent disability.

Non-economic losses are more difficult to put a price on because their value is not clearly defined. The pain and suffering that injured victims endure, especially those meeting the serious injury threshold, are considered non-economic damages. These include:

  • Emotional distress and anxiety
  • Post-Traumatic Stress Disorder
  • Physical pain and suffering brought on by injuries
  • Scarring and disfigurement
  • Permanent injuries and disabilities
  • Loss of enjoyment of life
  • Loss of consortium

Placing a value on the suffering of an accident victim is no easy task. Each person’s experience is unique to them, which is why calculating a price for non-economic damages is so difficult. Courts may consider medical documentation, psychological evaluations, and the long-term impact on lifestyle when determining non-economic awards.

There is also a third category called punitive damages. These are rare in personal injury cases. Punitive damages are intended to punish the responsible party for their behavior, not compensate the victim for losses they’ve experienced. There must have been a willful disregard for the safety of others or extreme negligence, or even intentional acts that caused the plaintiff’s injuries. New York courts typically award punitive damages only in cases involving egregious misconduct, such as drunk driving crashes with exceptionally reckless behavior.

Contact Mark E. Seitelman Law Offices – Accident & Injury Attorneys if you have questions about which damages you may be able to recover in your New York personal injury case.

Steps to Take After an Accident

If you’re looking for information regarding joint and several liability after an accident, the time for reporting the accident and getting witness contact information has likely passed. However, the steps below are a few of the actions you may want to take later on in the post-accident stages, particularly in understanding how joint and several liability applies.

  • If you haven’t already, write down all the details you can remember. It is better to do this sooner rather than later because memories fade over time. Try to include details like the weather, road conditions, behavior of the other party, and anything else you can remember about the moments leading up to the crash and the moments afterward. Written recollections are often used by attorneys to establish timelines and identify additional potentially liable parties.
  • Get copies of police and first responder reports. These will be useful for an objective third-party perspective of the conditions of the accident. Accident reports also typically assign preliminary fault percentages, which can influence early settlement discussions.
  • Keep all receipts, invoices, and bills associated with accident-related expenses, including medical bills and car repair invoices. Your personal injury lawyer can use these to calculate the total economic damages and to support the request for damages.
  • Make a list of witnesses you can call to testify or get a statement from. Written statements from people who saw the accident are a good place to start, but you or your lawyer may also want to reach out to expert witnesses who can provide relevant information and perspective on the accident. Expert testimony—such as accident reconstruction specialists—may strengthen cases involving multiple defendants and disputed fault.

Retain an Experienced New York Personal Injury Lawyer

Speaking with a personal injury attorney after an accident gives you the time and space you need to have your questions answered and gain insight into what your accident claim may look like. Finding legal representation that you can trust to advocate for you in settlement negotiations and civil litigation is paramount to securing total compensation. An experienced attorney can also help identify whether joint and several liability applies, determine which defendants have collectible assets, and negotiate with insurance carriers on your behalf. Contact Seitelman Law Offices and schedule your free consultation.