How Fault is determined in a Car Accident in New York

How Fault is Determined in a Car Accident in New York

Determining fault in a car accident is a critical aspect of any personal injury claim in New York. Understanding how fault is assessed can significantly impact the outcome of your case and the compensation you may receive. This article will guide you through the process of fault determination in New York car accidents.

The No-Fault Insurance System

New York operates under a no-fault insurance system. This means that after a car accident, your own insurance company will cover your medical expenses and lost wages, regardless of who was at fault. However, this system does not cover pain and suffering or other non-economic damages, which can only be pursued in a personal injury lawsuit if the injuries meet certain thresholds.

Comparative Negligence in New York

New York follows the rule of comparative negligence. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. This rule allows injured parties to recover damages even if they are partially responsible for the accident.

Evidence Used to Determine Fault

Several types of evidence are used to determine fault in a car accident:

- Police reports: These often contain the officer's assessment of the accident and any citations issued.
- Witness statements: Eyewitnesses can provide an objective account of the events leading up to the accident.
- Photographs and videos: Visual evidence from the scene can help establish the circumstances of the accident.
- Expert testimony: Accident reconstruction experts can provide insights into how the accident occurred.

The Role of Insurance Companies

Insurance companies play a significant role in determining fault. They will investigate the accident by reviewing evidence, speaking with witnesses, and consulting with experts. Their goal is to minimize the amount they have to pay, so it is crucial to have legal representation to ensure your interests are protected.

Why Legal Representation is Important

Navigating the complexities of fault determination in a car accident can be challenging. Having an experienced attorney can make a significant difference in the outcome of your case. They can help gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.

Conclusion

If you have been involved in a car accident in New York, understanding how fault is determined is essential for protecting your rights and securing fair compensation. At HeyLegal, we specialize in connecting individuals with top-tier legal professionals who can guide you through the process. Our platform offers comprehensive solutions to help law firms manage cases efficiently and secure the best outcomes for their clients. To ensure your case is handled with the utmost expertise, consider filing a case at www.heylegal.com. Let us help you navigate the legal landscape and achieve the justice you deserve.