Who Is at Fault in a Driver-Side Car Accident in NY?

A driver-side accident, also known as a side-impact crash or a T-bone crash, is one of the most dangerous and deadly types of car accidents. In a front-end crash or a rear-end collision, the person has significantly more protection. In a rear-end accident, for instance, the trunk and the bumper take most of the impact. In a driver-side car accident, it's only the door of the car that comes between the accident victims and the other vehicle.

Determining fault in these cases is crucial, as it is necessary for individuals seeking to secure fair compensation from the at-fault driver. Working with these vehicle accident lawyers in Long Island can make this process easier to manage.

A car accident case is rarely cut and dry, and car accident lawyers are almost always necessary. Those who want to file a lawsuit against another driver who hit the driver's side of a car during an accident should call the Law Office of Carl Maltese for a free consultation. They can also advise on who is at fault in a car accident while merging in NY.

Understanding Driver-Side Car Accidents

A driver-side vehicle accident happens when on car strikes the left side of another car - which is where the driver sits. These accidents often occur in the following scenarios:

• Collisions at intersections

• Failure to yield

• Running a red light or stop sign

• Illegal turns

• Parking lot accidents

• Unsafe merging

Since the amount of protection a driver has on the side of the car is much less than in the front or rear, these are much more dangerous than a front-end or rear-end car accident.

New York’s Fault Rules for Car Accidents

In New York, there is a comparative negligence rule that is applied to any car accident claim. This means that more than one driver could be found responsible. Even if a person is found to be partially at fault, they can still collect damages.

If one driver, for instance, is 80% at fault for the accident, and the other is 20% at fault, the driver who is 20% at fault can still recover compensation, but it will be reduced by 20%.

New York is also a no-fault state. This means that the person's own insurance company generally covers medical bills, lost wages, and other costs, no matter who caused the accident. However, if there are severe injuries, under New York State law, that person can file a personal injury claim against the other driver following the car crash for medical expenses, lost income, property damage, and more.

Common Causes of Driver-Side Car Accidents

Determining fault in a driver's side car accident is important, as it allows the victim to look into seeking compensation from the other driver's insurance company. Here are some of the common causes of these accidents:

Running a Red Light or Stop Sign

If a driver runs a red light or ignores the stop sign and hits a vehicle on the driver's side, they are typically found to be at fault.

Failure to Yield

If a vehicle turning left doesn't yield to oncoming traffic, and the turning vehicle hits the oncoming car, the driver who failed to yield is typically at fault.

Unsafe Lane Changes

When a driver merges or changes lanes without ensuring a safe opening, it's possible that they will sideswipe another car on the driver's side.

Distracted or Impaired Driving

Driver's operating motor vehicles while distracted or impaired often drift into another lane or fail to notice a stop light or stop sign. It's common for a distracted or drunk driver to get in an accident like this.

How Fault Is Determined in New York

Determining fault in any car accident, including head on collisions, side impact collisions, or rear-end collisions is done by insurance adjusters, law enforcement, and attorneys. They can also advise on who is at fault in a passenger side car accident in NY. Typically, the following factors are used to establish fault:

Police Reports

A police report often includes the officer's option of the cause of the crash and citations issued on the scene could help prove liability.

Eyewitness Statements

Witness statements can also help determine fault. Witness testimony is often unbiased, and they can tell officials if a car went through a light, if the oncoming vehicle was speeding, or if a car hits another car first.

Traffic Camera or Surveillance Footage

Video footage is also important. Long Island has a lot of traffic cameras, but dash cam footage and surveillance footage from local businesses can also provide evidence.

Vehicle Damage and Accident Reconstruction

When vehicle damage occurs, examining where the impact was can also help to determine fault.

Black Box Data

Many vehicles have electronic data recorders, or "black boxes," which track things like braking, speed, and steering behavior.

Who Is Usually at Fault in Driver-Side Collisions?

Scenario 1: Intersection T-Bone Accident

T-bone crashes often happen in intersections because some drivers don't follow traffic laws. In these cases, determining liability depends on who has the right of way. If a car, for instance, was legally turning, and the other car goes through a stop light, the car that broke traffic laws would be at fault.

Scenario 2: Lane Change or Merging Accident

These accidents also commonly happen when merging or changing lanes. Generally, the merging driver is at fault, unless the other driver is not following the speed limit, is distracted, or otherwise causes the crash.

Scenario 3: Parking Lot Backing Accidents

In parking lots, side impact crashes happen because some drivers aren't paying attention. Other types of crashes often occur here, too, including a head on crash or a rear end collision case.

Can Both Drivers Be at Fault?

Yes. New York has a comparative fault system. This means that both drivers can share responsibility in a crash. If one driver is 90% at fault, and the other is 10% at fault, the driver who is 10% at fault can still pursue compensation. However, the award will be reduced by 10%.

What to Do After a Driver-Side Accident in NY

Those who are in a driver-side accident should take the following actions following the crash:

1. Call 911 - It's very important to have a police report documenting the accident scene.

2. Get Medical Care - Even if no injuries are present, medical records can be good evidence in a personal injury lawsuit.

3. Document the Scene - If possible, photos and videos of every vehicle involved should be taken. Also, it's a good idea to take photos of skid marks, traffic signals, license plates, and more.

4. Exchange Contact Information - Exchange contact details with other drivers, including insurance information.

5. Contact a Personal Injury Attorney - An experienced Long Island personal injury lawyer can help gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.

   
   

When Can a Person Sue for a Driver-Side Car Accident

Under New York law, a person can sue the at-fault driver if the injuries sustained meet the state's "serious injury" threshold. These include:

• Fractured bones

• Permanent loss of function

• Serious disfigurement

• Dismemberment

• Disability that lasts more than 90 days

• Death

Get Legal Help from a Long Island Personal Injury Lawyer

Proving fault in a driver-side car accident in NY isn't always easy. This is especially the case when a both drivers have a different opinion of what happened.

The Law Office of Carl Maltese can help drivers who have been involved in a driver's side accident get the compensation they deserve from the at-fault driver.