Who Is at Fault in an Intersection Car Accident in NY?

Most drivers drive through intersections every day. But what people don't often realize is that these areas are some of the most common places for car accidents. When a crash occurs at an intersection, determining who is at fault is a complex process, and laws in New York make this even further complicated.

Anyone who has been involved in a car accident at an intersection needs to know their legal rights. A car accident lawyer like those at the Law Office of Carl Maltese can help. This firm has been helping accident victims since 1966, and will continue to help victims well into the future as well as advise on who is at fault in a rear-end car accident in NY.

Why Are Intersection Accidents So Common in New York?

Intersections are very busy parts of the road. There are multiple traffic signs, there might be pedestrians crossing, cars are coming from the opposite direction, and cross traffic has different traffic lights that other drivers might not be able to see. According to the Federal Highway Administration, "more than 50 percent of the combined total of fatal and injury crashes occur at or near intersections."

In an area like Long Island that are densely populated, intersections are particularly dangerous due to

• High traffic volume

• Pedestrians crossing

• Poor visibility

• Distracted driving

• Vehicle turning into oncoming cars and traffic

• Confusion about who has the right-of-way

A split-second decision, such as running a yellow or red light or not noticing a left turning driver, could lead to a head on collision. Other common accidents in intersections include left turn accident, pedestrian accident, red light accident, rear end collision, school bus accidents, and other such accidents.

What Makes Fault So Important in an Intersection Accident?

New York is a "no-fault" insurance state, but fault in an accident still matters. This is especially the case if there are serious injuries.

How No-Fault Insurance Works

Everyone in New York is required to have car insurance that includes Personal Injury Protection, or PIP coverage. This pays for basic medical expenses and lost wages no matter who is at fault. However, this coverage doesn't do anything for non-economic damages, like pain and suffering, and it only applies up to the limit of the policy. What happens if expenses are higher? New York law has a "serious injury" threshold that can take care of the rest.

Serious Injury Threshold

If the injuries sustained in an accident meet the serious injury threshold, the victim can start a personal injury case against the driver who caused the auto accident.

Examples of qualifying injuries include:

• Fractures and broken bones

• Significant disfigurements

• Permanent loss of limbs or bodily functions

• Traumatic brain injury

• Internal injuries

• Other serious injuries

In these cases, it's important to know who is at fault so victims can get the compensation they deserve from the at fault driver's insurance.

Who Has the Right-of-Way at New York Intersections?

Understanding who has the right-of-way is always critical when trying to determine fault. New York state law dictates who must yield at an intersection.

Intersections with Traffic Signals

If a driver runs a red light or doesn't stop at a stop sign, they are almost always considered the at fault driver. Drivers at a red light must completely stop until traffic control devices give a signal that they can proceed. If a driver doesn't stop, they can get a traffic ticket or be liable for the accident.

If the light is yellow, the driver should not speed up to try to "beat the light." If a driver does this and causes a crash, they could be held liable.

Finally, if there was a green light and the driver moves through, they still must yield to vehicles that are already in the intersection, or to any driver turning left.

Four-Way Stops

All vehicles must come to a full and complete stop at a four-way stop. The driver who gets to the stop first has the right-of-way. If two drivers get to the intersection at the same time, the driver to the right has the right-of-way and can proceed first.

T-Intersections

If there are two vehicles at a T intersection, the driver on the terminating road has to yield to oncoming traffic on the through road.

Uncontrolled Intersections

These can be tricky—often found in residential neighborhoods without signage or on a private road. The vehicle on the left must yield to the vehicle on the right.

Common Causes of Intersection Accidents in NY

Oftentimes, understanding why an accident happened can help determine who is at fault in the accident. Here are some of the most common causes:

Distracted Driving

Anything that can distract a driver can turn them into a distracted driver. Common reasons for distraction include eating, using a phone, adjusting the radio, or talking to vehicle passengers.

Running a Red Light or Other Traffic Control Devices

One of the most dangerous and clear-cut causes of intersection crashes is running a red light. T-bone, a side impact collision, or broadside collisions often come from these actions.

Failure to Yield While Turning Left

Drivers must yield to oncoming traffic when making a left turn unless a green arrow is present. If the left turning vehicle crashes into another car with the right of way, the turning driver is usually at fault. Left turn car accidents are very common in intersections.

Speeding

Driving over the speed limit reduces reaction time and increases the likelihood of running a red light or failing to stop in time. Many intersection accidents are caused because drivers are moving too quickly.

Drunk or Drugged Driving

Drunk driving slows reflexes and impairs judgment—frequently resulting in reckless or unlawful behavior at intersections from a drunk driver not paying attention.

Weather Conditions

Fog, rain, or snow can limit visibility or road traction, but these do not excuse negligence. Drivers must adjust their speed and behavior to road conditions. If not, they are considered a negligent driver.

Proving Fault After an Intersection Car Accident

To hold the at-fault driver accountable for severe injuries and other costs, a vehicle accident attorney in Long Island has to have a strong case. Some of the ways fault is determined include:

Police Reports

Police officers should always be called when a car crash occurs. The reporting officer will document the scene, interview witnesses, and may assign fault in the report. This document can be a powerful piece of evidence for victims.

Eyewitness Testimony

Independent witnesses can provide unbiased accounts of what occurred. Their testimony may support claims of fault.

Traffic Camera or Dash Cam Footage

Video evidence is incredibly important in court and during settlement negotiations. Many intersections on Long Island have traffic cameras, and it is clear if a driver fails to stop, or if there was a green arrow signal.

Vehicle Damage and Accident Reconstruction

The location of vehicle damage can help determine how the crash occurred, which can also help determine fault. An accident reconstruction expert can analyze skid marks, debris, and impact angles to recreate the collision.

Comparative Negligence in New York

After all of that is done, there is still one more piece of the puzzle to determine fault. It's very possible that there is more than one driver at fault. New York has a pure comparative negligence rule. This means that even drivers that are deemed "at fault," can still get compensation. However, the award will be reduced by the percentage of blame.

For instance, accident reports show that Driver A was 80% at fault, but Driver B was 20% at fault. Driver B is awarded $100,000 in damages, but since he/she was 20% at fault, they only receive $80,000.

What Types of Damages Can You Recover?

If a victim meets the serious injury threshold and is eligible to file a personal injury lawsuit, they can recover damages for the following:

• Medical bills (past and future)

• Lost income

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Property damage

• Wrongful death damages (in fatal crashes)

Why Hire a Long Island Personal Injury Lawyer?

Intersection accidents often come down to one driver’s word against another’s. When insurance companies get involved, they often try to downplay injuries or shift blame. An expert personal injury lawyer can:

• Investigate fault thoroughly

• Obtain traffic camera footage

• Handle all communications with insurers

• Negotiate settlements

• Prepare a strong case for trial if needed

Attorneys are advocates for their clients—they will work hard to ensure their clients are compensated and that their rights are never compromised. They can explain who is at fault in a multi-car accident in NY as well.

Final Thoughts: Who Is at Fault in an Intersection Car Accident in NY?

The answer to this question depends on the facts. While traffic laws provide clear guidance, real-life accidents often involve drivers arguing about who did what, and complicated legal arguments.

With the right legal support, a victim may be able to recover substantial financial compensation for their injuries and losses—even if the other driver’s insurance company tries to tell a different story.

Those who need help following a car accident on Long Island should contact the Law Office of Carl Maltese for a free consultation. A personal injury attorney can make the process easier and can help victims get compensation.