Who Is at Fault in a Low-Speed Car Accident in NY?

When most people think of a motor vehicle accident, they think of high-speed collisions, head-on accidents, a rear-end accident, or other types of car crashes. However, many crashes occur at speeds under the speed limit. These commonly occur in parking lots, during traffic jams, and on residential streets.

Even though a low-speed car accident might seem minor, they can still lead to property damage, injuries, and legal issues.

Accident victims in a low-speed car crash should speak with a personal injury lawyer to find out if they have a right to sue the at-fault party. Having an attorney can make all the difference between getting compensation and facing many years dealing with insurance companies. They can also help with determining who is at fault in a side swipe car accident in NY.

What Qualifies as a Low-Speed Car Accident?

Understanding what qualifies as a low speed car accident can help injured victims understand who is at fault. Generally, low speed crashes occur at speeds under 10 to 15 miles per hour. These accidents often happen in parking lots, driveways, residential areas, school zones, construction zones, or in stop-and-go traffic.

Even at lower speeds, a rear end crash or T-bone crashes at slow speeds can cause injuries.

Despite the slower speeds, these accidents can still cause whiplash, back injuries, or traumatic brain injuries—especially for pedestrians or bicyclists involved in the collision.

Why Fault Matters in New York

New York is a "no-fault" insurance state. As a no-fault state, following an accident, every person involved will reach out to their own insurance provider. These companies will pay for things like medical bills and physical therapy, regardless of who caused the crash. It also pays for lost wages.

However, there are some cases where it's very important to know who is at fault in an accident. For instance, minor accidents can cause serious injuries, and medical expenses can be higher than what personal insurance will pay.

Another reason to know who is at fault is if the victim wants to file a law suit for vehicle damage. Finally, if an accident victim wants to file a personal injury lawsuit, fault must be established.

Common Scenarios in Low-Speed Accidents—and Who May Be at Fault

Rear-End Collisions

Rear-end collisions are sometimes low-speed accidents, especially in stop-and-go traffic. A fender bender like this is usually caused by the rear driver hitting the lead vehicle, but not always. Sometimes, the lead driver can share liability and they both might be at fault.

Parking Lot Collisions

Parking lot crashes are also common low-speed crashes. For instance, if two vehicles back out at the same time and collide in a parking lot, it would be a low-speed accident. Determining fault depends on which driver has the right-of-way. Again, multiple parties might be at fault, but one driver might have had the right-of-way.

Sideswipe Accidents

Accident reports for sideswipe accidents often show that the drivers were going at low speed, as drivers are slowly changing lanes and not following traffic rules.

How New York Law Determines Fault

If an accident happened, determining liability is imperative. New York follows a pure comparative negligence rule. This means that more than one person can be at fault in an accident, but even if a driver is found to be partially at fault, they can still recover financial compensation. However, the compensation will be reduced by the percentage of fault.

How Evidence Helps Determine Fault in a Low-Speed Crash

Proving fault in accidents like this can be challenging. Drivers often believe these accidents are "no big deal," but low speed crash injuries can be just as serious as in other accidents. Getting the right evidence is crucial.

• Photos and Videos: It's important to collect evidence like photos and videos of the crash, including vehicle damage, road signs, skid marks, and car positions.

• Witness Statements: Witnesses are also important, as they can give more information if driver's can't agree on what happened. (i.e. Driver A went through a red light and hit Driver B)

• Police Reports - An official police report can indicate fault, too.

What If the Other Driver Denies Fault?

Damage might be minimal in a low-speed crash, but that doesn't mean the person at fault doesn't have a legal obligation. Injuries like soft tissue damage, neck pain, herniated discs, and spinal cord injuries often occur.

If the other driver denies fault, the victim should file a claim with their own insurance company, and then file a third-party claim with the other driver's insurance company. good vehicle accident lawyers can help the process.

What About Low-Speed Accidents with No Visible Damage?

Insurance companies often try to dismiss low-speed crashes if the damage appears minimal. But it’s important to note:

Soft tissue injuries like whiplash can occur at speeds as low as 5 mph.

Hidden vehicle damage (like bumper structure damage) might not be visible without a professional inspection.

Symptoms of injury may not appear until hours or days after the crash.

All accidents should be reported, and anyone involved should get medical attention.

What to Do After a Low-Speed Accident in NY

Those involved in a low-speed accident in New York should follow these steps:

1. Stay Calm and Safe: Move vehicles out of the flow of traffic if possible.

2. Call the Police: Request a report, even if the damage seems minor.

3. Take Photos and Videos: Document the scene from multiple angles.

4. Exchange Information: Get the other driver’s contact and insurance info.

5. See a Doctor: Document any injuries, no matter how small they seem.

6. Notify Your Insurance Company: Report the accident promptly.

7. Consult a Personal Injury Attorney: A lawyer can assess the case and determine legal options.

   
   

Get a Free Consultation with a Long Island Car Accident Lawyer Today

Low-speed accidents might seem minor at first glance, but they can still lead to long-term consequences. This is especially true if injuries are involved or fault not determined. In New York, proving liability requires a strong understanding of traffic law and insurance regulations.

Those who have been involved in a low-speed car accident in NY should seek out the assistance of the Law Office of Carl Maltese.