Who Is at Fault in a Head-On Car Accident in NY?

Some of the most dangerous and deadly types of car accidents are head-on collisions. When two vehicles are involved in a head-on condition, the accident victims are often seriously injured or even killed.

In New York, determining who is at fault in auto accidents can be tricky, but it is crucial to prove fault. Many times, this is a lengthy and long process. This is why it's so important to work with a vehicle accident lawyer. Victims of a New York car accident can't often navigate the confusion on their own, so they need a legal expert to help them understand how to make a car accident claim and get the compensation they deserve.

The Law Office of Carl Maltese has been operating on Long Island since 1966, and the legal team can help victims of vehicle crashes. They can explain who is at fault in a multi-car accident in NY.

Understanding Head-On Car Accidents in New York

A head on collision, head on crash, or accidents where two vehicles collide front-first can be very deadly. Many head on collision cases lead to serious injuries including traumatic brain injuries, broken bones, spinal cord injuries, internal bleeding, and other types of physical injury.

These are often caused by distracted driving, but also are commonly caused by drunk driving, drivers who are tired or drowsy, improper passing, wrong-way driving, or mechanical failure. Environmental causes, like icy roads, can also contribute to these accidents.

Since these accidents can be confusing and crash victims might be seriously injured, it's imperative to reach out to a personal injury lawyer as soon as possible following the accident. They also have insight on who is at fault in a side swipe car accident in NY.

New York’s No-Fault Insurance System

Before looking into who is at fault, it's important to understand that New York is a no-fault state. This means that after a accident, each of the drivers will contact their personal insurance providers. Each insurance company will use a special coverage called Personal Injury Protection, or PIP, which is used to pay basic economic losses, like lost wages and medical expenses. What if a person has significant injuries, though? It is possible to file a third party insurance claim to cover additional medical bills and other costs, but, the injuries must meet the serious injury threshold that is defined by New York state law.

What Qualifies as a Serious Injury?

Under New York insurance law §5102(d), severe injuries include:

• Death

• Dismemberment

• Significant disfigurement

• Fractures

• Loss of a fetus

• Permanent loss of a body organ, function, or system

• Permanent consequential limitation of use of a body organ or member

• Significant limitation of use of a body function or system

• A medically determined injury that prevents you from performing your usual daily activities for at least 90 of the 180 days immediately following the accident

If head on collisions accounted for any of these injuries, it's important to get a lawyer.

How Fault Is Determined in a Head-On Crash in NY

Since New York has a no-fault system, some people believe that they might not have the possibility of a claim, but that's not true. There are still claims that an injured person can file, which means that fault plays a significant role, and the at fault driver's insurance company must pay for these claims. However, to do this, the at fault party must be identified.

An insurance adjuster is usually who determines who the negligent driver was, but this is a process, and it's not as simple as it might sound. For instance, it's usually easy to determine fault in a rear end collision or a drunk driving accident, but that's not always the case with a head-on accident. Also, the other driver might also hold fault, so it must be decided how much fault each of the drivers have.

Here are the basics of how fault is determined:

1. Police Reports

After a serious car accident, police officers and emergency medical technicians are usually the first at the scene. Those needing immediate medical attention are taken care of, and police will begin to assess the scene, talk to drivers, vehicle occupants, and witnesses, and gather information about the crash and if traffic laws were broken.

Sometimes that's simple. For instance, a car might have noticeably swerved into a bike lane, or the driver was on the wrong side of the road. Most times, however, it is not easy, and it takes time to create a full report. This is where a no fault claim works well.

In most cases, these police reports play a very important role in determining fault.

2. Eyewitness Testimony

Witnesses of the crash often offer valuable evidence about how the accident happened and what each of the motor vehicles involved were doing at the time of the accident. Most of the time, these witnesses are neutral, and they can support or contradict claims made by the drivers.

3. Traffic Violations

It is also possible that traffic violations have occurred during the crash. Tickets for speeding, reckless driving, DUIs, and other violations can help when proving liability.

4. Dashcam or Surveillance Footage

Video footage often is used to remove any doubt and establish fault. Things like traffic cameras, dash cams, or other surveillance cameras can offer a lot of evidence, which is used to determine fault.

5. Accident Reconstruction Experts

When fault is heavily contested, attorneys may hire accident reconstruction specialists to analyze tire marks, skid marks, vehicle damage, point of impact, and road conditions to recreate the crash scene.

Common Scenarios Where One Driver Is Clearly at Fault

Driver Crosses the Center Line

One of the most common causes of a head on collision is when a driver veers into oncoming traffic. This often happens when a driver is distracted, intoxicated, tired, or trying to pass another vehicle. In this case, the driver who left their lane is usually held liable.

Wrong-Way Driving

If a driver gets on the highway or one-way street in the opposite direction, this is extremely dangerous, and is often a cause of fatal crashes. The same goes for cars in the wrong lane.

Impaired or Distracted Driving

Texting while driving, driving under the influence, or other forms of impairment often leads to head-on crashes. If proven, these factors usually result in clear liability for the impaired driver.

Shared Fault in Head-On Accidents: New York’s Comparative Negligence Rule

Oftentimes, both drivers are responsible for an accident.

For instance, if one driver crossed into the other lane, but the other driver was clearly speeding, both of them would hold some fault in the accident. The same would happen if both drivers were fatigued or distracted.

In these cases, New York uses a pure comparative negligence rule. This means that even if a driver is partially at fault, they can still get compensation. However, the compensation is reduced by the percentage of fault. This means that if a person is awarded $100,000 in damages but found to be 30% at fault, they will receive $70,000.

What to Do After a Head-On Collision?

There are certain things that people involved in a head-on crash in NY need to do following a head-on collision.

1. Seek Medical Attention Immediately

Even if everyone feels fine, some serious injuries (like internal bleeding or concussions) may not show symptoms right away. Everyone involved should document their injuries and get medical attention.

2. Call the Police

A police report will be critical to insurance claims and any legal action.

3. Gather Evidence

If able, those involved in an accident should take photos of the accident scene, vehicle damage, road conditions, and any visible injuries. Also, get contact information from witnesses.

4. Notify Your Insurance Company

Even in a no-fault state, prompt reporting is essential. Stick to the facts and don’t speculate about fault.

5. Contact a Personal Injury Lawyer

An experienced attorney can help determine fault, gather supporting evidence, and negotiate with insurance companies to maximize compensation.

Head-On Collision Lawsuit Damages

If a victim meets the serious injury threshold, they may be able to recover compensation for:

• Medical expenses (past and future)

• Lost income

• Reduced earning capacity

• Pain and suffering

• Emotional distress

• Property damage

• Wrongful death (if the crash was fatal)

Why Choose a Long Island Personal Injury Lawyer?

Head-on collisions are traumatic, often resulting in long-term physical, emotional, and financial consequences. Insurance companies may attempt to reduce or deny claims, especially if fault is disputed.

A skilled personal injury lawyer on Long Island understands how New York’s no-fault and comparative negligence laws work. An attorney can:

• Investigate the crash thoroughly

• Work with accident reconstruction experts

• Handle all communications with insurers

• Fight for full and fair compensation in or out of court

Get a Free Consultation from Experienced Lawyers, Today

Anyone who has been involved in a head on collision in New York should contact a lawyer as soon as possible. The Law Office of Carl Maltese can work with victims of car accidents and take care of everything from collecting physical evidence and obtaining phone records or medical records to representing clients in civil court against the negligent party. It is the right of accident victims to pursue compensation, and this legal team will seek justice for their clients.