How Is Liability Determined in a Car Crash in NY?
Who was at fault for causing a car accident is not always a straightforward matter. When the police issue traffic citations to the other driver, it can help your lawyer establish liability. Running a red light or stop sign, speeding and other violations point to negligence. Sometimes an accident reconstruction engineer can provide sufficient testimony to help your lawyer prove the case. The crux of your ability to recover compensation in a New York accident claim depends on assigning a percentage of fault to other parties.
At Rubenstein & Rynecki, we bring more than 30 years of legal experience to every personal injury case we handle. One of our first actions is to investigate your car accident.
By referring to the police accident report, interviewing witnesses, analyzing skid marks or other accident scene evidence, our investigators and accident specialists work to establish the underlying cause of the accident. Your account of what you observed is also vital information. More than one party may be at fault, especially in multiple car accidents. In some accidents, defective auto parts or vehicles are the underlying cause, in which case we can hold the auto manufacturer accountable. When poor road maintenance created hazards, we may be able to sue the government agency responsible for maintaining roads.
New York courts assign liability for car crashes based on comparative negligence. Courts analyze the accident and assign each party involved in the accident a percentage of fault. Courts award damages based on the percentages they assign, which also means that if the court assigned you a negligence percentage, it reduces your compensation by that same percentage of fault.
Other factors that influence liability
In New York, when you allow another person to drive your car, you are liable for any damages resulting from the accident ― not the person driving your car. Also, when you drive your car at the request of your employer to do work-related tasks, your employer may bear some liability for the car accident.
Put experience on your side
At Rubenstein & Rynecki, we have represented clients in New York car accident cases since 1972. We have the necessary resources and experience to help accident victims maximize recoveries. We can review your car accident and may be able to help. No recovery, no fee. Contact us today for a free consultation.