Determining Fault in a Brooklyn Car Accident | Law Office of Irene H. Gabo, P.C.
Understanding Liability in Car Accidents
Having a car accident can be a distressing and bewildering experience. Besides dealing with injuries and damages, you also need to determine who is at fault. In legal parlance, this means figuring out who was negligent or reckless, leading to the accident. This post will provide clarity about determining fault in car accidents under New York law.
The Role of Negligence in Determining Fault
Negligence plays a central role in determining who is at fault in a car accident. By definition, negligence refers to acting (or failing to act) in a way that a reasonable person would under similar circumstances. In the context of driving, this could mean anything from running a red light to texting while driving.
When evaluating an accident, lawmakers, insurance companies, and courts look for signs of negligence. For instance, breaking traffic laws or driving under the influence signpost clear negligence. Causation also matters – it must be established that the negligence directly led to the car accident.
No-Fault Laws in New York
It’s essential to note that New York is a “no-fault” insurance state. This means every driver involved in a car accident turns to their own insurance company for compensation for damages and injuries, regardless of who caused the accident.
However, there are certain exceptions to this rule. If you suffer severe injuries (meeting a certain legal threshold), you may be eligible to step out of the no-fault system and file a lawsuit against the at-fault driver for pain, suffering, and other non-economic damages.
Common Evidence for Determining Fault
Evidence plays a crucial role in determining fault. This could include police reports, witness testimonials, traffic camera footage, and photographs of the accident scene. It’s also worth noting that under New York law, the police report carries a significant impact in insurance claims or any legal pursuit related to the car accident.
Another piece of evidence often used is the damage to vehicles. The location and extent of vehicle damage can provide insights into what happened in the accident, helping to determine fault.
How the Law Office of Irene H. Gabo, P.C. Can Help Identify Fault
Determining who is at fault in a car accident can be a complex process with many legal nuances. This is where the Law Office of Irene H. Gabo, P.C. comes in. As seasoned Brooklyn Car Accident Attorneys, we can guide you through this process, ensuring your rights are protected, and you get the compensation you rightfully deserve.
We understand the intricacies of New York’s no-fault laws and how to navigate them effectively. We can help gather relevant evidence, liaise with insurance companies on your behalf, and if necessary, fight for your rights in court.
Need help understanding who is at fault for your car accident? Contact us at the Law Office of Irene H. Gabo, P.C. today on (800) 560-0214 for a free consultation. Let us help you navigate this challenging situation with our expertise and commitment to your case.
