Understanding Who Is At Fault In A Passenger Side Car Accident in NY

When a New York car accident occurs, often the first question is how to determine who is at fault. A passenger-side car accident can be a devastating car accident case, and these often cause serious injuries or even death. In some cases, these crashes are even more deadly and dangerous than a head-on collision or other accident.

Understanding how New York law applies to passenger-side car accidents is essential for those who have been injured in a motor vehicle collision. A law firm like the Law Office of Carl Maltese can assist individuals in navigating the process. Call today for a free consultation. The can also explain who is at fault in a driver side car accident in NY.

Introduction to New York Law

New York is a no-fault state. This means that a car accident victim generally seeks compensation from their own insurance company, even if they were not at fault. Insurance claims will cover some medical bills, lost wages, and other costs. However, a car accident claim only covers so much.

If an accident happened and the victim sustains serious injuries, they can file a personal injury lawsuit against the guilty party's insurance company.

In New York, every driver is required to have a no fault insurance policy, and when in a motor vehicle accident, a no fault insurance claim will be filed with their own insurance company. Only when medical costs, lost income, and other things are too high, can the injured party file a claim against the at fault driver's insurance.

Following an accident, the first thing that should happen is a call to 911. A police officer will document the scene and give their opinion on who is at fault. It's also important to collect evidence related to the crash. It's also in the best interest of the victim to call a lawyer as soon as they can, as economic losses can significantly impact their lives and the lives of their families.

Determining Fault in a Passenger-Side Accident

In order to determine who the at fault party is, evidence must be gathered from the accident scene. Some of this evidence includes police reports, accident reports, medical records, the opinion of medical professionals, and witness statements. All parties can gather evidence during the process of proving liability.

If the driver responsible isn't determined at that point, an accident reconstruction specialist might be necessary to prove fault.

Some of the things that can contribute to fault in a car crash include distracted driving, failure to obey traffic laws, and speeding.

It might be determined that both drivers involved in a car accident are at fault. This is called the comparative negligence rule. If one driver is found to be 80% responsible and the other one is found to be 20% responsible, the driver who was 20% responsible can seek additional compensation from the other driver. However, any compensation would be reduced by 20%.

An example of this would be if the victim is awarded $100,000 in the law suit, but they were found to be 20% at fault, they would receive $80,000.

Filing an Injury Claim

In order to file a personal injury claim and pursue compensation, the victim must prove that the other driver was at fault and that the accident resulted in serious injuries. Only then can the victim recover compensation.

A personal injury lawyer is usually needed to help guide victims through the legal process and helps their client in securing fair compensation. In order to support their claim, the victim must show evidence like medical bills, medical care records, property damage proof, proof of lost wages, and other losses.

Determining liability is a very complex process, but a lawyer can guide the victim through the steps needed to establish fault and sue any negligent parties. They can also help with determining who is at fault in a driver side car accident NY.

Seeking Compensation

With fault determined, a car accident victim can seek compensation for significant injuries and damages that their own insurance company doesn't cover. The state allows the non negligent party to sue for more damages as long as the injuries are serious. Some of these injuries include significant disfigurement, broken bones, the loss of a body organ, and of course, death.

The amount of compensation depends on the severity of the injuries and the extent of the damages. A personal injury lawyer in New York State can help any victim navigate the legal process and ensure that they have received fair economic damages. It can take a long time for this to happen, though, especially if multiple parties are involved.

It's also possible to seek financial compensation for non economic damages in a side impact collision. Having a legal team working on the case can make all the difference in this situation.

Work with the Law Office of Carl Maltese Following a Passenger-Side Car Accident

Because determining fault in a car accident is very complex, if people want to seek justice, they must have a good lawyer on their side. Seeking compensation in these cases require a full understanding of the law in New York State and the no-fault system that is currently in place.

Car accident victims may be partially at fault, but this vehicle accident attorney in Long Island can guide the victim through the legal process and ensure that they get all of the compensation that they deserve.

A victim in a car accident has rights, and they may need an experienced law firm to ensure that they are making the best decisions in their case.

Full compensation may be available following a passenger side car accident. Victims on Long Island can reach out to the Law Office of Carl Maltese for a free consultation to determine if there are legal options they can explore.