In our experience as Buffalo personal injury attorneys, it is not unusual to see cases where the defendant attempts to place at least part of the blame for an accident on the injured person. Certainly, there are cases where the plaintiff engaged in conduct that contributed, at least in part, to his or her own injury. However, just as the plaintiff must have evidence of the defendant’s negligence, when asserting this claim the defendant must have actual evidence that the plaintiff was – at least in part – responsible.
As an example, in New York State cases where a defendant has failed to yield the right of way at a stop sign, there have been multiple occasions where the defendant claimed that because he or she did not see the plaintiff’s car, the plaintiff must have been speeding. In such cases, the courts have consistently ruled that to assert such a claim regarding the plaintiff’s conduct, the defendant must have proof in evidentiary form. Speculation that the plaintiff may have been speeding is insufficient to present this claim as a defense.
If you have been injured as a result of another’s negligence, we would be happy to answer your questions. Please feel free to call us at 716-542-5444.
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