What is the test for determining whether a plaintiff was responsible or partially responsible for a motor vehicle accident?

"New York", United States of America

The following excerpt is from Hassan v. Velasquez, 17 N.Y.S.3d 382 (Table) (N.Y. App. Term 2015):

The evidence supported a finding that plaintiff was responsible for the accident, in that he had violated Vehicle and Traffic Law 1129 by following defendant's vehicle too closely and by failing to have due regard for the speed of surrounding vehicles and the conditions of the road. Moreover, even if the record would support a finding that defendant was at least partially responsible for the accident, the court properly found that plaintiff had failed to prove damages. While plaintiff established that the alleged repairs had been performed, [t]he measure of damages for injury to property resulting from negligence is the difference in the market value immediately before and immediately after the accident, or the reasonable cost of repairs necessary to restore it to its former condition, whichever is the lesser (Parkoff v. Stavsky, 109 A.D.3d 646, 647 [2013] [internal quotation marks omitted] ). Plaintiff failed to prove either of these measures of damages.

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