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

Those who have been injured in a driver-side car accident have rights in New York. However, before a person can file a car accident claim, they must prove fault. Unlike a minor rear-end car accident, which is often referred to as a fender bender, a driver-side impact collision can be very serious.

Accident victims can get compensation in a car accident case, but they must go about it in the right way. If looking to hire a vehicle accident law firm in Long Island, Law Office of Carl Maltese can work with those who have been involved in a driver-side car accident to pursue compensation.

Keep reading to learn more about how an attorney and others can determine who is at fault in a driver-side car accident. They can also explain who is at fault in a passenger side car accident in NY.

Understanding Driver Side Car Accidents

A driver side car accident refers to any collision where the driver's side of a vehicle is impacted. These side-impact crashes generally occur in the following situations:

• Not paying attention at intersections

• Making incorrect lane changes

• Merging into oncoming traffic

• Running a red light or stop sign

• Not following right of way laws in parking lots

A driver-side accident is one of the most dangerous types of collisions. Unlike a front or rear end collision, a side impact collision often causes more serious injuries because there is not a lot of protection for the driver. In a head on collision or rear end accident, the front or rear end of the car takes the force, but when a person is hit on the side, the only thing protecting them, in most cases, is the door. As a result, serious injuries often occur including broken bones, spinal cord injuries, and traumatic brain injuries.

New York's No-Fault Insurance System

New York is a no-fault state in regard to insurance. This means, even if the accident is not your fault, your insurance company will cover things like medical bills, lost income, and physical damages to the vehicle.

The system is designed to reduce litigation and speed up the time it takes to get compensation. However, a person's own insurance company will only cover so much. Those who have injuries with costs resulting in more than the threshold can seek compensation from the driver responsible for the crash.

To determine the at-fault driver, an accident investigation is done, and evidence is taken from the accident scene. Legal representation is almost always necessary to file a personal injury claim against the person at fault in a car accident. This can also be helpful when questioning who is at fault in a passenger side car accident NY?

Common Causes of Driver Side Accidents in NY

Before determining how fault is decided, it's important to look at the most common ways a side-impact crash occurs. Some of the most common causes include:

Failure to Yield

Oftentimes, a side-impact crash occurs when a driver doesn't yield to the motor vehicle that has the right-of-way. This often occurs at intersections, traffic circles, or when merging. A left turning driver, for instance, who ignores a sign to yield may cause a side-impact accident. Left turn accidents almost always occur due to failure to yield.

Red Light or Stop Sign Violations

The most common accident at a red light or stop sign is a rear end crash, but if a person runs a red light or a stop sign, it's more likely that a side-impact crash will occur. The driver who runs the stop sign or light is usually the one found to be at fault.

Unsafe Lane Changes

Side-swipe accidents also commonly occur during a side-swipe accident caused by a driver not changing lanes correctly. In most cases, the merging driver is the one who is found to be at fault.

Distracted Driving

If a driver is distracted by their phone, radio, texting, GPS, etc, it is much more likely that they will cause an accident. It is against New York law to drive while distracted.

Speeding or Reckless Driving

Speeding drivers might actually see a car in their path, and they might try to stop. However, since they are driving at such a high rate of speed, they are often found to be negligent because they cannot stop in time. The same can be said about drunk driving. Often, the driver cannot stop in time to avoid the oncoming vehicle.

Determining Fault in Driver Side Collisions: Key Factors

Knowing the major causes of a driver-side car crash makes it easier to understand how officials assign fault. With fault determined, a victim can get fair compensation:

Right-of-Way Rules

If a driver violated the right-of-way, they are usually held liable. For instance, if a driver runs a red light and then hits the driver's side of another car that is lawfully in an intersection, the driver who runs the red light is typically at fault.

Traffic Camera or Surveillance Footage

Many intersections and roadways in New York are monitored by traffic cameras. This footage can clearly show how the accident happened.

Vehicle Damage Location

Where the vehicles are damaged can also prove fault. If the driver's side of one car is damaged, and the other car has front-end damage, that suggests a side-impact crash.

Eyewitness Testimony

Witness statements are also very important when proving liability. Typically, a witness is an unbiased party and can give an indication of which driver was at fault.

Police Reports and Accident Reconstruction

Finally, police reports are very important when establishing fault. Generally, a police officer will assign some type of fault at the scene by citing the drivers. If all of this isn't possible, and fault is still not determined, an accident reconstruction specialist can be brought in to recreate the scene.

Fault Scenarios in Driver Side Accidents

Here are some common scenarios about determining fault in a driver-side car accident:

Scenario #1 - T-Bone Accident at an Intersection

Driver A is driving through a green light in a legal manner. Driver B runs a red light and crashes into the driver's side of Driver A's car. Driver B is the driver who is liable.

Scenario #2: Left Turn Collision

Driver A is turning left into oncoming traffic ignoring the fact that Driver B is coming straight through the intersection. In this case, Driver A is at fault because drivers turning left do not have the right of way. However, if Driver B ran a red light or was speeding, both drivers could share fault.

Scenario #3: Side-Swipe in a Lane Change

Driver A is driving straight on a road. Driver B changes lanes and didn't see Driver A. Driver B sideswipes Driver A causing an accident. Here, Driver B is usually the at-fault driver because they did not follow merging rules.

Comparative Negligence in New York

New York State follows a comparative negligence system. This means that even if one driver is found to be partially at fault in an accident, they can still recover compensation. That compensation, however, is reduced by the amount of fault. For instance, if the percentage of fault is 30%, and the driver was awarded $100,000, they can still collect $70,000.

What to Do After a Driver Side Car Accident in NY

Those who have been in a car accident in New York should do the following:

1. Call 911 - Police and medical professionals should come to the accident scene as soon as possible. A police report and medical records can both be used as evidence when securing fair compensation. An injured person should get medical assistance as soon as possible.

2. Gather Evidence - If able, the parties involved should take photos and videos of the scene. This should include photos and videos of vehicle damage, injuries, the roadway, and the surroundings.

3. Collect Contact Information - Contact information should be exchanged between all involved parties and witnesses. Multiple parties involved in the crash should all share information.

4. Never Admit Fault - Even a simple apology can be used against someone in an accident, so it's best not to speak to police unless you have a lawyer.

5. Notify the Insurance Company - Since New York has a no-fault system, everyone should file a no-fault based claim with their insurance company.

6. Consult a Personal Injury Attorney - If a person has significant injuries, they should reach out to a personal injury lawyer.

   
   

Recoverable Damages in Driver Side Accident Cases

If a person's injuries meet the serious injury threshold set by the state, they might be able to recover the following damages by filing a personal injury lawsuit:

• Medical expenses

• Lost wages

• Pain and suffering

• Property damage

• Rehabilitation

• Long-term care

Get a Free Consultation from the Law Office of Carl Maltese

New York traffic laws are confusing, and if a person is in an accident, and the other driver is the at-fault party, it's possible that the injured person can get compensation for their injuries and suffering.

The Law Office of Carl Maltese has been working in Long Island for decades, and the legal team is ready to work for their clients to sue the liable parties in an accident. They can help the injured seek justice and get the compensation they deserve.