If you’ve been involved in an accident, whether or not it was your fault, you need a car accident lawyer in Queens, NY with a wealth of experience in this area of the law. That’s what you get with our team at Simon & Gilman, LLP. You may have questions about the law in this area, the most important of which is “How is fault determined?”
Answers From an Expert Queens Car Accident Lawyer
In New York State, fault in a car accident is determined based on the principles of comparative negligence:
Negligence Assessment
When determining fault, the insurance companies and/or the courts will assess the actions of each driver involved in the accident to determine if they were negligent. Negligence refers to the failure to exercise reasonable care under the circumstances, which resulted in harm or damage to another person or property.
Contributory Negligence
New York follows the principle of comparative negligence, which means that fault can be apportioned among multiple parties involved in the accident. Each driver’s degree of fault is assessed based on their actions leading up to the accident. Even if one driver is found to be primarily at fault, the other driver may still be assigned a percentage of fault if their actions also contributed to the accident.
No-Fault Insurance
New York is a “no-fault” state when it comes to car accidents, meaning that drivers are required to carry personal injury protection (PIP) insurance coverage. In the event of a car accident, each driver’s own insurance company typically pays for their medical expenses and certain other losses, regardless of who was at fault for the accident. However, there are exceptions to the no-fault rule, such as accidents resulting in serious injuries that meet certain threshold criteria.
Police Report and Evidence
The police report filed at the scene of the accident can provide valuable evidence for determining fault. Witness statements, photographs of the accident scene, skid marks, damage to vehicles, and other physical evidence may also be used to reconstruct the sequence of events and establish fault.
Legal Proceedings
If the parties involved in the accident cannot agree on who was at fault or if there are disputes regarding liability, the matter may be resolved through legal proceedings. This could involve our filing a personal injury lawsuit or helping you to go through arbitration or mediation to reach a settlement.
Comparative Fault Assessment in Queens, NY
In cases where fault is shared among multiple parties, each driver’s percentage of fault will be determined based on the evidence presented. For example, if Driver A is found to be 80% at fault and Driver B is found to be 20% at fault, Driver A would be responsible for 80% of the damages and Driver B would be responsible for 20%.Accurate fault determination in a car accident in New York State requires thorough investigation of the circumstances surrounding the accident and an assessment of each driver’s actions leading up to the collision. To find an experienced lawyer to fight your case, get in touch with us at Simon & Gilman, LLP, in Queens, NY.
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