Getting into a car accident in New York can leave you feeling lost and unsure about who pays for what. Many people find this stressful, but there is a rule in New York called “comparative negligence” that helps decide who is at fault.
In this post, I’ll explain how fault gets decided, how compensation works, and the steps you should take right after a crash. Stay with me—knowing these things could help you save both time and money.
How Is Fault Determined in New York Car Accidents?
In New York, figuring out who’s at fault in a car accident isn’t always easy. Various factors come into play, and the police report often helps set the scene… but personal accounts matter too!
What Methods Are Used to Establish Liability?
Police reports play a big role in figuring out who is at fault after a car accident. Officers look at the scene, talk with drivers and witnesses, and write down what happened. Insurance companies also review these reports, along with photos, traffic laws, and sometimes even surveillance footage.
They check for signs of negligence, like speeding or running a red light, and compare each driver’s actions to the legal duty of care.
After my own fender bender, I learned that witness statements can be gold. A bystander who saw me brake before the crash helped prove I was paying attention. If someone breaks traffic laws or drives distracted, that usually points to their fault.
Lawyers may gather phone records or medical bills if needed. Every bit of evidence, from skid marks to traffic cameras, helps decide liability and fair compensation for damages and medical expenses.
What Is Comparative Negligence and How Does It Work?
After using evidence to figure out who caused the accident, New York law steps in with a rule called comparative negligence. This means each person’s share of fault matters. If I’m partly to blame for a car accident, my compensation drops by whatever percent matches my fault.
So if an insurance company says I am 30% at fault and my damages total $10,000, I’d only get $7,000.
New York follows “pure” comparative negligence. Even if someone is 99% at fault and the other driver is 1%, both can still claim some damages (though good luck convincing anyone that’s fair).
This rule keeps things pretty interesting—and makes every detail matter when dealing with insurance or making a legal claim about liability and compensation. Some folks call it sharing the pain…
or as Shakespeare might say: “The fault lies not in our cars but in ourselves.
Calculating Compensation After a Car Accident
After a car accident, figuring out compensation can feel challenging. It’s all about how much damage you had and what role each driver played in the crash… Keep in mind, your share of fault can affect what you receive!
How Does Comparative Negligence Affect Compensation?
Let’s say both drivers share some fault for the car accident. New York uses comparative negligence rules. If I’m found 30% at fault and another driver is 70% at fault, my compensation drops by my percentage of blame.
So if a court awards $10,000 for medical expenses or damages, I get $7,000 instead of the full amount.
Insurance companies often use these rules to settle claims too. They look at police reports, witness statements, and traffic laws before deciding each driver’s liability. It can feel unfair sometimes…
but understanding this system helps me fight for fair compensation after an accident throws life off track!
What Steps Should You Take to Protect Your Rights After an Accident?
Gather details right after the accident. Take pictures of the scene, car damage, and any visible injuries. This evidence can help with your claim later. Talk to witnesses and get their contact information.
Their statements might prove helpful.
Report the accident to your insurance company as soon as you can. Provide them with all relevant facts about what happened. Keep track of medical expenses related to your injuries too; they play a big role in claiming compensation for damages.
Don’t settle for less than you deserve; know your rights and act accordingly!
Conclusion
After a car accident in New York, figuring out who’s at fault can feel tricky. It’s all about understanding liability and how negligence plays a role. Knowing the rules helps you protect your rights and seek fair compensation for damages.
Stay informed, take action, and don’t hesitate to reach out if things get overwhelming. You’ve got this!
Kand Bayside Injury Law
215-15 Northern Blvd Ste 3, Bayside, NY 11361, United States
Q66M+85 Bayside, Queens, NY, USA
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