Determining Fault in a New York Car Accident
Successful car accident claims often hinge on the concept of legal fault. This legal concept is more complicated in a no-fault state like New York, which often limits the compensation that car accident victims can recover after someone else’s negligence has harmed them. However, if the victim’s injuries rise to the serious injury threshold, they may be eligible for the full extent of their damages – and proving fault becomes paramount to securing fair compensation.
At Dalmata, Maloy & Burke, LLP, we know how to determine fault in a car accident in New York. Contact us today for a free consultation, and we’ll tell you what we can do for you.
Who Is At Fault in a New York Car Accident?
Fault in a New York car accident often rests with the driver who caused or contributed to the collision through their careless or reckless behavior or intentional misconduct. Drivers must follow traffic laws and avoid actions that pose unnecessary risks to public safety. When a driver fails to exercise reasonable care, they may be at fault for the consequences.
Common examples of unsafe or reckless driving behavior include:
- Speeding or driving too fast for road conditions
- Distracted driving, including texting or phone use
- Failing to yield the right of way
- Running red lights or stop signs
- Following another vehicle too closely
- Driving while impaired by drugs or alcohol
If you believe someone else’s negligence caused or contributed to your injuries, contact the law office of Dalmata, Maloy & Burke, LLP immediately. We can investigate the circumstances surrounding the accident and help determine fault.
How Is Fault Determined in a Car Accident in New York?
Multiple parties may weigh in when determining fault for a car accident in NY, but their opinions do not carry equal weight. Initially, law enforcement officers may make a preliminary determination of fault, but insurance companies, personal injury lawyers, judges, and juries could ultimately help prove or determine fault.
So, how do police determine fault in an accident? Initially, a responding police officer might note contributing factors in their accident report or issue citations to drivers they suspect broke the law. However, the legal analysis does not end there.
The insurance providers for the multiple parties involved will likely make tentative fault determinations based on the information those drivers provide. Those decisions can also be influenced by attorneys who represent the involved drivers.
Courts ultimately decide fault in cases that go to trial. Judges or juries review evidence and hear testimony, then assign percentages of responsibility to each party.
Understanding New York’s Comparative Negligence Law
New York follows a pure comparative negligence system. This rule allows injured parties to recover compensation even if they share some responsibility for the accident. However, it also reduces their compensation in proportion to their share of fault.
For example, if a jury finds a driver 20 percent responsible and values their recovery at $100,000, the recovery will be reduced by the driver’s percentage of fault (20 percent in this example), so the driver will ultimately receive $80,000.
Insurance adjusters often try to reduce payouts by shifting as much blame as possible onto the victim. Skilled legal guidance plays a critical role in keeping fault assessments fair and evidence-based.
Proving Liability in a Car Accident
As the plaintiff involved in a personal injury claim, you have the legal burden of showing that another party was responsible for your injuries in your car accident case. One of the most important roles of your personal injury attorney is establishing liability. An accurate fault determination is a prerequisite to recovering the compensation you deserve.
It takes substantial evidence to prove fault for a car accident. Your personal injury attorney can assist with gathering evidence to help prove your claim, such as:
- Physical Evidence: Skid marks, vehicle damage, impact angles, accident debris, and roadway conditions can help an accident reconstruction expert build a likely chain of events.
- Documentation: Police reports, medical records, repair estimates, and traffic camera footage can connect the accident to your injuries and create a clear timeline of what happened.
- Witness Testimony: Independent witnesses often carry significant credibility. Bystanders, passengers, and other drivers can provide objective witness statements about what happened, often from a different vantage point than those directly involved in the crash.
- Driving History and Behavior: A driver’s past conduct may support fault claims in certain situations. For example, in a DUI case, a history of impairment-related offenses suggests a pattern that can sway an insurer, judge, or jury more easily than an isolated incident.
By conducting a thorough investigation and collecting valuable evidence, your lawyer may be able to help show the insurance company how the crash occurred and why you deserve the compensation they are demanding on your behalf.
How Can Dalmata, Maloy & Burke, LLP Help You Establish Fault?
Proving fault often takes the knowledge and experience of a dedicated car accident lawyer. The team at DMB Legal can help you by:
- Obtaining and preserving critical evidence from the accident scene before it disappears
- Interviewing witnesses to corroborate your account
- Working with trusted experts and specialists who can offer valuable insights into the cause of the crash
- Communicating with insurance companies on your behalf
- Challenging unfair fault determinations
- Negotiating for a fair settlement
- Representing you in court as necessary to pursue full compensation through a personal injury lawsuit
Insurance companies will attempt to cast blame on you even when you didn’t contribute to the collision in any way. We fight to protect your rights, minimize your percentage of fault, and maximize your recovery.
FAQs
Car accidents often leave victims with many questions. Here are the answers to some of the most common questions our New York clients ask us:
How Does New York’s No-Fault Insurance Work?
New York’s no-fault insurance system means that your own insurance policy covers basic economic losses after a car accident, regardless of fault. This coverage typically includes medical expenses and a portion of lost wages up to your policy limits under your personal injury protection insurance.
However, no-fault coverage does not compensate for the less-concrete personal losses these accidents cause, like pain and suffering or emotional distress. Car accident victims who’ve suffered serious injuries can step outside the no-fault system and pursue claims against at-fault drivers.
When Is It Necessary to Determine Fault?
Fault becomes critical when injuries meet New York’s serious injury threshold or when expenses exceed no-fault coverage limits.
What Damages May Be Available Outside of No-Fault Insurance Accidents?
When another party is at fault for an accident, a crash victim may seek additional compensation for the following:
- Pain and suffering
- Emotional distress
- Full loss of income and reduced earning capacity
- Future medical care
- Permanent disability or disfigurement
Contact a Schenectady Car accident lawyer at Dalmata, Maloy & Burke, LLP Today
The team at Dalmata, Maloy & Burke, LLP has over 30 years of experience holding negligent and reckless drivers accountable for the harm they cause. We’ve recovered millions in verdicts and settlements for our clients, many of whom have shared their support through heartfelt testimonials:
“Chris Burke has been our family attorney for more than 5 years. He is always responsive, providing expertise in a straightforward, easy-to-understand manner. He is always the first call we make when we have a legal question or concern.”—Lora D., client.
If you’ve suffered injuries in a car accident that someone else caused, we can fight for the accountability and compensation you deserve while you focus on recovery. Contact us today for your free consultation.