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Who Is at Fault for My NYC Car Accident?

Determining who is at fault for an NYC car accident can be a complicated process. There are times where it’s blatantly obvious who was responsible, and there are times where it’s incredibly unclear. Sometimes fault can be shared between multiple parties.

Establishing who was at fault for an auto wreck is one of the most critical factors in a personal injury claim. The person whose negligence caused the accident is the person legally at fault, and this individual usually has to pay for the damage cause by his or her carelessness.

If you have been injured in a car crash, it’s wise to talk with an NYC car accident lawyer from Greenstein & Milbauer to discuss the details of your case and help you determine who was at fault for what happened.


How Is Fault Determined?

Determining fault in a car accident is complex. Simply seeing which car hit the other is not enough to prove who is legally negligent. Police reports and photographs will be thoroughly examined by lawyers and insurance companies, and state vehicle codes may be used to help determine who is liable.

Citations in the police report may not prove who was negligent, but they can lead to other items of evidence. Witnesses can help determine the string of events leading up to the collision.

Although fault may not be easy to determine in some types of car accidents, the two kinds of crashes that are usually the most straightforward are rear-end crashes and left-turn collisions.

The rear driver is most often at fault for a rear-end collision because he or she is following the vehicle in front too closely and doesn’t leave enough distance for adequate stopping. The lead driver is usually liable for a left-hand turn accident because that driver made the decision to make an unsafe turn without first checking his or her blind spot.


Pure Comparative Fault Laws in New York

Clearly demonstrating who is at fault will have an impact on the monetary settlement that you receive. In New York, the fault for damage done to vehicles and property and for any personal injuries caused, such as a brain or spine injury, can be shared between multiple parties.

New York State uses pure comparative fault when deciding who is financially liable for an accident. Pure comparative fault breaks up liability for an accident into percentages and awards a share to each party involved in a crash according to their contribution to the cause. Percentages range from 0 to 100 percent, and the percentage you are found responsible for will reduce your final payout accordingly.

For example, if it is determined that the other driver was 80 percent at fault and you were 20 percent at fault, you will receive 80 percent of the total compensation that you are awarded. If damages total $40,000 for your car accident, you will then receive $32,000.


Contact an NYC Car Crash Attorney

Greenstein & Milbauer is dedicated to helping car, motorcycle, and truck accident victims throughout New York. We are here to help you recover the compensation you deserve for your injuries.

Call us at 1-800-VICTIM2 (842-8462) for a free, no-obligation consultation, or contact us online through the form below to discuss your case.

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