Determining fault after a car crash is critical for insurance claims and potential legal action. If you’ve been in an accident in New York, you likely have many questions about how a fault in an accident is decided and what it means for you.
At the CEO Lawyer Personal Injury Law Firm, we’re here to help clarify the process of determining car accident liability.
What Does “Fault” Mean in a Car Accident?
Fault refers to the legal responsibility for a collision. The person determined to be at fault is the party whose negligence caused the accident to occur.
Fault is key in determining whose insurance will pay for damage and injuries.
How Do You Prove Fault in a Car Accident?
Evidence is essential for proving fault. Important evidence includes:
- Police reports
- Photographs of damage, debris, skid marks, etc.
- Witness statements
- Traffic camera or surveillance footage
- Vehicle “black box” data
- Cell phone records (if distracted driving is suspected)
Your attorney can help gather and analyze evidence to build a strong case.
What Are the Most Common Causes of Car Accidents?
Driver error is responsible for the vast majority of crashes. Common examples include:
- Distracted driving (texting, eating, adjusting radio, etc.)
- Speeding
- Reckless driving (swerving, racing, etc.)
- Drowsy driving
- Drunk driving
- Running red lights or stop signs
- Unsafe lane changes
- Tailgating
How Does New York’s “Comparative Negligence” Law Affect Fault Determination?
New York follows a “comparative negligence” standard. This means fault can be shared between parties, and your compensation will be reduced by the percentage of fault you have.
For example, if you are found to be 30% at fault for an accident and your damages are $10,000, you could only recover $7,000. Insurers often try to unfairly assign blame to the victim to reduce payouts, so it’s important to have an attorney advocating for you.
What if the Other Driver Was Uninsured or Underinsured?
If the at-fault party doesn’t have insurance or lacks sufficient coverage, you can file a claim with your insurance if you have uninsured/underinsured motorist protection.
Sadly, around 5% of New York drivers are uninsured despite laws requiring auto insurance. If you find yourself facing bills after a crash caused by an uninsured driver, contact an attorney to discuss your options for compensation.
How Does a Hit-And-Run Impact Fault Determination?
In a hit-and-run, the fleeing driver is presumed to be at fault. If you can identify the driver, you can file a claim with their insurer or a personal injury lawsuit.
If not, you would need to rely on your insurance if you have uninsured motorist coverage or collision coverage.
Quick tips if you’re the victim of a hit-and-run:
- Call 911 immediately to report the accident and any injuries.
- Write down anything you can remember about the other vehicle and driver.
- Take photos of your vehicle damage, the scene, and any injuries.
- Ask any witnesses for their contact information.
- Call your insurance company to start the claims process.
- Consult a personal injury attorney for guidance on your legal options.
What if Poor Road Conditions Caused My Crash?
Liability gets trickier when factors like potholes, missing signage, or faulty traffic lights contribute to an accident. Depending on the circumstances, the fault could potentially lie with:
- Government entities responsible for road design and maintenance
- Construction companies performing road work
- Employers of at-fault drivers (vicarious liability)
- Manufacturers of defective vehicle parts
- Other drivers involved in the crash
Figuring out liability in complex scenarios requires a thorough investigation by an experienced legal team. The CEO Lawyer Personal Injury Law Firm can analyze your case from every angle to determine all potentially liable parties.
Can Fault Be Determined in Parking Lot Accidents?
Yes, the same basics of determining fault apply:
- Driver making an unsafe maneuver (backing out without looking, speeding, etc.) is generally at fault
- Driver violating posted signage (driving the wrong way, ignoring a stop sign) is likely at fault
- Driver under the influence of drugs/alcohol is at fault
- If Driver A is more than 50% at fault, their insurance covers damage to Driver B and vice versa
- With 50/50 shared fault, each driver files a claim with their insurance
How Do Police Reports Factor Into Determining Fault?
Police reports are persuasive evidence in showing fault, but they aren’t conclusive. Insurers, judges, and juries will consider the police report and assessment of fault alongside other evidence like photos, videos, and witness testimony.
If you disagree with an officer’s assessment of fault, talk to an attorney. Additional evidence may tell a different story about who was to blame.
How long does it take to determine fault after an accident?
Timelines for fault decisions vary based on:
- Complexity of the accident
- Extent of investigation needed
- Number of people/vehicles involved
- Disagreements over fault between insurers and/or claimants
Simple cases like a clear-cut rear-end collision could be settled within a few weeks. Complex accidents requiring reconstruction analysis, expert testimony, and legal intervention can take several months or even years to resolve questions of fault and liability.
How Can I Protect My Rights After a Car Accident That Wasn’t My Fault?
The most important things you can do are:
- Document everything – Take photos, get witness info, keep bills and records
- Watch what you say – Don’t apologize or admit fault, even casually
- Be cautious on social media – Don’t post about the accident or your injuries
- Notify your insurance company right away
- Consider hiring a personal injury attorney to handle communications and represent your interests
It’s all too easy to accidentally jeopardize your claim. Let experienced attorneys deal with the insurance company so you can focus on healing.
What if I Was in an Accident With a Rental Car?
Determining fault in a rental car accident can be complex due to the involvement of multiple insurance policies. Here’s what you need to know:
- If the other driver is at fault, their auto insurance is typically the primary coverage.
- If you purchased a collision damage waiver (CDW) from the rental company, it may cover your damages, but it doesn’t provide liability protection if you’re at fault.
- Your personal auto insurance may extend to a rental car, providing liability and collision coverage. Check your policy or ask your agent.
- Some credit cards offer rental car insurance as a perk, but benefits vary widely. Contact your card issuer for details.
Sorting out insurance coverage after a rental car crash can be challenging. Consider consulting an attorney to help you navigate the claims process and determine fault.
The CEO Lawyer Personal Injury Law Firm has extensive experience handling rental car accident cases in New York.
Can Fault Be Shared in a Single-Vehicle Accident?
Yes, fault can be shared even if only one vehicle was involved in a crash. Examples may include:
- A passenger grabs the steering wheel, causing the driver to lose control and crash. The passenger could be found partially liable.
- A mechanic fails to properly repair a vehicle’s brakes, leading to a crash. The mechanic and their employer could bear some responsibility.
- A city fails to fix a massive pothole that causes a driver to swerve and hit a tree. The government entity responsible for road maintenance may share fault.
- A defective tire blows out, causing the vehicle to roll over. The tire manufacturer could be held accountable.
What if the At-Fault Driver Was Working at the Time of the Accident?
If the driver who caused the crash was working for a company, their employer may be legally liable. This is known as “respondeat superior,” which holds companies accountable for the negligent actions of their employees during work hours.
Examples of work-related accidents where employer liability may apply include:
- A delivery driver runs a red light and T-bones you while rushing to make a delivery
- A rideshare driver causes a crash while transporting a passenger
- A truck driver rear-ends you while distracted by a company-issued electronic logging device
- A utility worker sideswipes your parked car while driving a company van
Proving employer fault can be tricky. Employers often try to deny responsibility by claiming the worker was acting outside the scope of their job duties.
Experienced attorneys know how to gather evidence like timesheets, GPS records, and witness testimony to show the driver was working at the time of the wreck.
Get Trusted Legal Guidance on Your New York Car Accident Claim
We hope this FAQ page has provided helpful insight into how a fault in an accident is determined. However, every case is unique.
For personalized guidance on your car crash claim, turn to the experienced New York car accident attorneys at the CEO Lawyer Personal Injury Law Firm.
We know the tricks insurers use to unfairly pin blame on victims and minimize payouts. Our dedicated legal team will thoroughly investigate your crash to determine liability and fight for the maximum compensation you deserve.
From proving the other driver’s fault to uncovering evidence to support your damages, we’ll be your tireless advocates every step of the way.
Take the first step toward protecting your rights and recovering what you’re owed. Call us 24/7 at (516) 689-1132 to schedule your free, no-obligation case review today.
Remember, you won’t owe us a dime unless and until we win for you. Contact us now, and let us put our skills to work for you!
