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Who is at Fault in a Single Vehicle Car Accident - NY Law

  • Writer: Alex Maltese
    Alex Maltese
  • Jul 1
  • 4 min read

Introduction to Single-Vehicle Accidents


Single-vehicle accidents are very common in New York state, and, like any auto accident, they can result in serious injuries and property damage, similar to those in accidents involving two or more vehicles.


When a single car accident occurs, it usually means that the driver crashed into a stationary object or lost control of their vehicle.


Because of this, in a single-vehicle automobile accident, things can get complex when it comes to determining fault. This is when an experienced personal injury attorney can help.


Insurance companies often attempt to deny claims or offer low settlements, so individuals involved in a car accident require the expertise of the Law Office of Carl Maltese. They can also provide insight on who is at fault in a passenger side car accident NY. A New York car accident can be very serious, even if only one vehicle is involved.

Causes of Single-Vehicle Accidents

Causes of Single-Vehicle Accidents


There are many possible causes of a single-car accident. Some of the most common include driver error, distracted driving, or even defective car parts. Other times, poor road conditions that affect a driver's control, weather conditions, or things like uneven pavement or potholes. Sometimes, single vehicle crashes occur due to a combination of factors, such as poorly performing brakes on an icy road.


Determining Fault in a Car Accident


Fault when there is only one vehicle involved is more difficult than one might think. Some think it's easy to establish fault because it obviously was caused by the single driver. However, oftentimes, other factors contribute to the accident, and other negligent parties are also involved.


By working with a personal injury attorney, people who find themselves in that position can look for other factors, and with fault determined, it's possible to seek out compensation.


Witness statements, medical professionals, and even police can all help to determine fault in a car accident case that only involves a single vehicle. If there is a case where compensation is possible, an attorney can help that happen. They can also help with explaining who is at fault in a roll over car accident NY.


Role of a Car Accident Attorney


An experienced team of law professionals can play a vital role in helping an accident victim get the compensation that they deserve following a single vehicle accident. The process of navigating the system is complex, and even though New York has a no fault system, that doesn't mean that there are other ways to pay for medical bills, lost income, and property damage.


A vehicle accident law firm and their staff will also help collect evidence, conduct a financial assessment, and negotiate with insurance companies. With confusing New York laws in place, and high costs for injuries, it is in the best interest of a person involved in a car accident to work with an attorney.


Understanding the Claims Process


The claims process in New York involves several steps. New York is a no fault state, which means anyone in a car accident will first file a no fault insurance claim with their own policy to cover costs associated with the crash.


However, if the injuries are serious, or the cost goes over a certain threshold, a driver has a right to file a personal injury lawsuit to get coverage for additional costs if someone else was at fault. Some of these injuries and costs include: physical therapy, emergency room costs, rehabilitation costs, head injuries, loss of limb or body organ, disability for more than 90 days, and death.


Proving Liability


Proving liability in a single car accident requires a thorough investigation and the collection of evidence. A personal injury attorney and their legal team can help to determine if there is another negligent party, and then establish a case for their client to receive full compensation.


If there is only one driver, people assume that the driver is at fault, but poor road conditions could mean that a construction company or city are at fault. Defective car parts could mean that a vehicle manufacturer or mechanic is at fault.


A lawyer will be able to make sure the right person or people are held responsible, and then help their client file a car accident claim against the responsible party.


Available Damages


Accident victims in New York are eligible for various damages including both economic and non-economic damages.


Economic damages include medical expenses, lost wages, and property damage. Non-economic damage, like pain and suffering, can also be recovered. In some cases there might even be punitive damages.


Seeking Maximum Compensation


It's very difficult, if not impossible, for a driver in a single vehicle accident to collect compensation without the help of a lawyer. As soon as the accident occurs, or as quickly as possible after, the driver and any passengers should get medical attention and notify their insurance company.


A personal injury attorney can then help to guide the driver through the claims process and negotiate with the insurance company.

Next Steps After an Accident

Next Steps After an Accident


After medical care has been sought out, a personal injury attorney will begin the process of protecting the rights of the driver, and if possible, seek compensation from the responsible party. A personal injury attorney is familiar with the laws in New York, and even if the driver was the only driver in the collision, it's possible that the accident was caused by another person or entity.


Work with the Law Office of Carl Maltese to Recover Compensation


A single car accident can be devastating, but the negligence may not fall on the driver. There might be other vehicles or people involved, too, who indirectly caused the accident. Everyone in an accident deserves fair compensation for their injuries, and a New York personal injury attorney like Carl Maltese can ensure that the driver in a single vehicle accident is treated fairly.


A single vehicle accident is a common occurrence, and those who have been in an accident like this recently should contact the Law Office of Carl Maltese for a free consultation.

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