
If you have been involved in a car accident, it’s crucial to understand that the determination of fault for the collision will impact your ability to recover compensation. As such, it’s important to know the steps you need to take after the crash that can help with this determination. Please continue reading to learn how fault is determined in a New York car accident case and how a determined Bronx Car Accident Lawyer can advocate for your rights and zealously represent your interests.
How is Car Accident Fault Determined & Why is it Important?
When you are involved in a car accident, the responsible party will likely attempt to deflect blame. This is because fault determines who is who is financially responsible for the damages caused by a crash. While insurance may cover some costs, the at-fault party is typically liable for covering the remaining expenses for repairs, medical bills, and other losses endured.
It’s important to understand that New York adheres to the pure comparative negligence principle, which determines the degree of fault each party has in an accident and how that fault affects compensation. Under New York’s comparative negligence fault scheme, an injured party is permitted to recover compensation even if they are partially at fault for the collision. However, the amount of compensation that can be awarded will be reduced in proportion to the percentage of fault they share for the collision. That said, proving fault is essential to ensure you receive the full and fair compensation to which you are entitled.
What Evidence Should I Collect?
To prove that the other party was negligent, you must demonstrate that they breached their duty of care through their careless or intentional actions. This can be achieved by taking certain steps after the crash. First, you should contact emergency services. Once the police arrive on the scene, they will conduct a preliminary investigation. It’s imperative to obtain the police report as it can serve as valuable evidence, recording pertinent details about the accident, such as fault, injuries, and damages.
If circumstances permit, you should take photos and videos of the accident scene. This can significantly strengthen your claim by providing visual proof of the accident’s details and potential liability. This evidence can act as a reliable memory aid, which can also help you recall important details about the accident that can substantiate your account of the accident.
Finally, you should gather contact information and obtain witness statements from any bystanders who saw the accident unravel as they can provide a firsthand account that can support your version of events. They can make your account more credible by confirming it with their impartial observations.
Given the complexities associated with proving fault in a car accident, it’s advisable to consult an experienced lawyer from James Newman, P.C., who can guide you through this process, gather evidence, and maximize your chances of a successful claim. Connect with our firm today to discuss your case.