If you’ve recently been in a car accident on Long Island, you’re likely dealing with a lot of stress. The trauma of the accident itself is bad enough, but you’ve also got to deal with repair expenses, medical bills, and the frustration of dealing with insurance companies.

The difficulty of recovering from a bad car accident can also be exacerbated if the other driver or their insurance provider tries to claim that you were responsible. Unfortunately, even when you know you were not at fault for the accident, opposing insurance companies will try to pin it on you every step of the way.

proving fault in a car accident


Get Help from an Accident Attorney

Seeking the assistance of a knowledgeable Long Island car accident attorney can help protect you from the accusations of big insurance companies and their legal teams. An experienced lawyer reviews all the evidence in your case and examines the major factors that determine fault. These investigations can lessen the extent of blame you’re assigned, helping you fight for a larger sum to fully cover your damages.

Car accidents are terrifying events that can leave your head spinning for months after the initial impact. The personal injury lawyers of Carner & DeVita want to help take some of the pressure off you during this difficult time. We are dedicated to fighting for the compensation you deserve in your Long Island car accident case. We will represent you against powerful insurance companies and will stand with you every step of the way.

Call us at (631) 543-7070 for a free, no-risk consultation and we can get started on your case as soon as possible.

Proving Fault in a New York Car Accident

To recover damages from a responsible party in a personal injury case, one must determine liability. The following must apply:

  1. A driver had duty of care for others on the road
  2. They were negligent and failed to meet that duty
  3. This negligence caused the accident
  4. You suffered damages from the crash

The proving the first element is usually simple. All licensed drivers in New York have a duty to operate their vehicles in such a way that a reasonable person would find safe.

The second usually comes down to a variety of factors that prove what a driver was doing leading up to the accident. For example, texting while driving or speeding can be indications of a breach in the duty of care that all drivers must abide by. In these cases, those breaches of care could be a form of negligence. If a crash happened due to this negligence, you might be able to pursue compensation for any damages you suffered in the accident.

What Can I Do to Protect Against Allegations of Fault?

When looking to prove that you’re not at fault, some of the most important choices come right after an accident occurs. Calling the police and requesting an officer come to the scene will ensure they write a police report with the details of the accident.

Taking pictures of the scene and damage as well as exchanging information with other drivers can also help you prove that you were not responsible for the wreck. Using a dashcam and getting contact information from any eyewitnesses are other good choices.

Ultimately, you can make a choice so you don’t want to have to worry too much about gathering and organizing evidence or establishing a defense. Seeking the assistance of a qualified, local car accident attorney is a great way to boost your chances of deflecting accusations of fault while fighting for damages.

How Comparative Negligence Affects Fault

In New York’s comparative negligence system, any amount of fault you are found responsible for can reduce the amount of damages you receive. This is why insurance companies and their attorneys will challenge and accuse drivers of negligence in even the most clear-cut accidents.

However, if you’ve got serious injuries and are only partially responsible for your accident, you’re still eligible to seek damages as long as you’re not 100% at fault.

Also relevant are New York’s no-fault laws, which require licensed drivers to have $50,000 of Personal Injury Protection (PIP) insurance.  You are allowed to seek damages from other responsible drivers is if this PIP coverage is exhausted or you have a qualifying “serious injury.”

Because of the no-fault insurance arrangement, you generally will not be responsible for the  other driver’s medical bills.

Proving Fault with the Help of a Long Island Car Accident Attorney

Since fault is such a crucial component of a New York car accident case, it’s extremely important that you have experienced legal representation. Assume that insurance companies will attempt to blame you for your accident, even if you believe there’s no doubt that you were not responsible. Getting the assistance of a seasoned Long Island car accident lawyer is a great way to increase your chances of a fair settlement.

Carner & DeVita have been winning cases for the victims of car accidents like you for over 60 years and have the case results to prove it. When looking for an attorney to represent and defend you in your New York car accident case, make sure you find a firm with a long history of satisfied clients. Don’t let the insurance companies walk all over you by putting off speaking with a local injury attorney.

We’re available to schedule a free consultation any time or day of the week, so call us at (631) 543-7070 to get started.