How to Prove Fault in a New York City Car Accident Case
Car accidents in New York City can be complex and stressful, especially when it comes to determining who is at fault. Establishing fault is crucial for securing compensation for your injuries, damages, and losses if you’ve been seriously injured and your claim falls outside of the no-fault system. If you’re involved in a car accident in New York City, understanding how to prove fault can significantly impact the outcome of your case. Below we discuss the role of fault in a serious accident and how to prove the fault of the other driver in most instances. For help after a serious injury in NYC, contact Leandros A. Vrionedes, P.C., to meet with a skilled and experienced New York personal injury lawyer.
New York’s No-Fault Insurance System
New York is a no-fault insurance state, which means that your own insurance company will cover your medical bills and lost wages up to a certain limit, regardless of who caused the accident. However, if you have suffered a serious injury as defined by New York Insurance Law 5102(d), you may need to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver to recover compensation for the full amount of harm you have suffered. Being successful in a fault-based claim means proving that the accident was the other driver’s fault. This complex task can be approached in many different ways.
Proving Fault in a Car Accident Case
- Police Reports: The police report is a crucial piece of evidence in proving fault. It contains the officer’s observations, statements from the parties involved, and sometimes a determination of who was at fault. Make sure to obtain a copy of the police report after the accident.
- Witness Statements: Witnesses can provide valuable testimony about what they saw before, during, and after the accident. Their statements can help establish who was at fault.
- Photos and Videos: Visual evidence from the scene of the accident can be instrumental in proving fault. Take photos of the vehicles’ positions, damage, skid marks, road conditions, and traffic signs or signals.
- Expert Testimony: In some cases, accident reconstruction experts or other specialists may be needed to analyze the evidence and provide an expert opinion on who was at fault.
- Traffic Laws: Violations of New York traffic laws, such as running a red light or speeding, can be used to establish fault. Familiarize yourself with relevant traffic laws and use them to support your claim.
- Admissions of Fault: Sometimes, the other driver may admit fault at the scene of the accident. While these admissions are not always definitive, they can be used as evidence in your favor.
- Insurance Company Investigations: Both your insurance company and the other driver’s insurance company may conduct their own investigations to determine fault. Cooperate with these investigations and provide any evidence you have collected.
Comparative Negligence in New York
New York follows a “comparative negligence” rule, which means that even if you are partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, you can only recover 70% of your damages. Your attorney will be busy not only proving the other driver’s fault to the fullest extent but also beating back attacks by the insurance company blaming you for negligent conduct that isn’t supported by the facts.
Get the Help You Need After a Serious Car Accident in New York
Proving fault in a car accident case can be challenging, and the other party’s insurance company will likely do everything they can to minimize their payout. Working with an experienced New York City personal injury attorney like Leandros A. Vrionedes, P.C., can make a significant difference in the outcome of your case. Our legal team has the expertise and resources to thoroughly investigate your accident, gather evidence, and build a strong case to prove fault and maximize your compensation.
If you’ve been hurt in a car accident in New York City, call Leandros A. Vrionedes, P.C., today at 212-889-9362 for a free consultation. We are committed to fighting for your rights and ensuring you receive the compensation you deserve.
