Car accident liability in New York is based on whose negligence caused or contributed to the crash. Even accidents that seem straightforward can involve complex questions of fault. While proving negligence isn’t required to receive benefits from your personal injury protection (PIP) insurance, it is necessary if you want to pursue a lawsuit for additional financial recovery that your PIP may not provide. Insurance companies may try to place blame on the injured party to reduce their payout, and getting the necessary evidence may be difficult, which is why having a skilled attorney is crucial.
The personal injury lawyers at Chopra & Nocerino can guide you through the legal process, establish liability, and help you secure the maximum compensation you deserve.
- Establishing liability in a car accident requires proving negligence.
- Multiple parties, including passengers and government entities, can be held liable in New York car accidents.
- In New York, fault in a car accident can be shared between multiple parties.
- Chopra & Nocerino’s legal team can help establish liability, challenge unfair fault assignments, maximize compensation, and more.
Who Can Be Held Liable in a Car Accident?
The following are examples of parties that could be held liable in a New York car accident:
The At-Fault driver
If a driver’s negligence, recklessness, or intentional actions caused the accident, they can be held liable.
Passengers
Passengers may be held responsible if their actions contributed to the accident.
Vehicle owners
Vehicle owners can be held partially responsible for an accident even when someone else is driving their vehicle.
Employers
If the driver was operating a vehicle for work at the time of the accident or injuries, their employer might be liable under certain circumstances.
Government entities
Government entities can be liable if the accident was caused by poorly maintained roads, traffic signals, or other infrastructure issues. They may also be liable if a government-owned vehicle was involved in the accident.
How Is Liability Determined in a Car Accident?
Proving liability in a car accident is established by proving that the other party acted negligently. Here is an overview of how liability is shown in car accident cases:
- Duty of care: You must demonstrate that the other party owes you a duty of care, which is a legal obligation to act reasonably and prudently to prevent foreseeable harm to others. For example, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach of duty: You also must show that the other party breached that duty of care. This could include actions like speeding, driving distracted, or other risky driving.
- Causation: Next, you must then show a direct connection between the defendant’s negligent actions and your injuries. It is not enough to prove their behavior played a minor role; their negligence must be a substantial factor that directly caused your harm.
- Damages: Finally, you must prove that you suffered actual damages as a result of the accident. This can include medical bills, lost wages, pain and suffering, and other losses related to your injuries.
Common causes for car accidents in New York include driver distraction, failure to yield right of way, unsafe driving maneuvers, ignoring traffic signals, and speeding. To prove liability, plaintiffs usually rely on evidence like eyewitness accounts, expert witness testimony, medical records, photos, accident reports, and other relevant documentation.
How Does Comparative Negligence Work in New York?
Under New York’s pure comparative negligence system, an injured person can receive compensation for their injuries even if they are found to be up to 99 percent at fault for the accident.
In many personal injury cases, the court or the insurance company will determine each party’s percentage of fault, no matter how many parties are involved. This percentage can range from zero to 100 percent and is used to reduce a person’s compensation based on their share of fault.
For example, if a victim is awarded $100,000 for damages but is found 60 percent at fault, they will recover 40 percent of the total award.
The percentage of fault assigned to you can significantly affect how much compensation you receive. Each percentage of fault reduces the damages you may recover. A skilled personal injury attorney can help maximize your compensation by challenging unfair claims brought by insurance companies that you were partly at fault. An attorney can also help show that your actions played a smaller role than the other party’s. At Chopra & Nocerino, our New York injury lawyers bring over 20 years of combined experience fighting for accident victims and securing the compensation they deserve.
What Happens if the Other Driver Is Uninsured or Underinsured?
If the driver responsible for the accident is uninsured or underinsured, you will use your personal injury protection insurance to cover medical bills, lost wages, and other related expenses. You can use your PIP insurance regardless of who is at fault for the accident. If your costs exceed the $50,000 limit of your PIP coverage, you can file a claim under your uninsured or underinsured motorist coverage (UM/UIM). Here are some key points to understand about uninsured and underinsured motorist UM/UIM insurance:
- Uninsured Motorist Insurance: New York requires all drivers to have uninsured motorist coverage. This insurance helps pay for damages resulting from an accident with a driver who does not have insurance.
- Underinsured Motorist Insurance: While having underinsured motorist coverage is optional, it is highly recommended. This type of insurance becomes applicable when the at-fault driver’s insurance cannot cover all your damages.
You may also be able to file a personal injury lawsuit against the at-fault driver or other potentially responsible third parties.
Why Do I Need a Lawyer To Determine Liability?
While a lawyer is not always needed to determine liability, it is highly recommended. Accidents can involve multiple parties, and establishing fault requires a thorough investigation. Even cases that seem straightforward at first can become much more complicated as they unfold. A personal injury lawyer can help establish liability, navigate legal processes, and negotiate with insurance companies on your behalf.
The team at Chopra & Nocerino has recovered hundreds of millions in settlements and verdicts for our clients. We fight relentlessly for our clients at every stage, taking on insurance company tactics and complex liability issues head-on. We are real New Yorkers who don’t back down and aren’t afraid to go all the way to court to get you the compensation you deserve.
Talk to Chopra & Nocerino Lawyers About Your Car Accident Claims Today
If you have been involved in a car accident and insurance companies are giving you the runaround, contact Chopra & Nocerino. Our car accident lawyers are here to help you build a strong case, figure out who’s at fault, and protect you from insurance company tricks.
Don’t wait to file your car accident claim. Time is crucial with personal injury cases. Contact us online or call (855) NYC-HURT today for a free case evaluation and to learn more about your legal rights and options
