It seems totally bizarre, doesn't it?
Here's the scenario I am talking about...
Let's say you were a passenger in a car being driven by your dad. Your dad is about to make a left-hand turn at an intersection that does not have any traffic control devices. As he's making a left-hand turn, an oncoming car hits you on the passenger side causing you injury.
In this instance, you believe that the other driver was clearly at fault for failing to slow down and recognize that your dad was making a left-hand turn. But there is a problem. The problem is that your dad might also be at fault.
You see, in New York a driver has an obligation to see what is there to be seen. Dad might have misjudged how quickly the oncoming car was approaching. He also has an obligation to yield the right-of-way to cars who are proceeding straight.
In this scenario, it is likely that both cars may be at fault for failing to judge and properly time how and when he was making a left turn.
In that instance, you may be very surprised to learn that you cannot just bring a claim or lawsuit against the driver of the other car. In fact, you'll likely have to bring a claim against your dad and your own insurance company. That seems totally weird and bizarre, doesn't it?
The answer is that if you are seeking compensation for the harms and injuries you suffered because of someone else's carelessness an attorney will have to look critically at the actions of all drivers to determine who, if anyone, is responsible for the happening of your accident.