Helping You Reclaim Your Power

Factors that determine fault in a New York car collision

On Behalf of | Dec 19, 2023 | Car Accidents

Determining fault in a car collision in New York involves assessing various factors. The state follows a comparative negligence system. This allows multiple parties to share responsibility for an accident.

There are several key considerations for determining fault in a New York car collision

Traffic laws and limitations

Understanding and applying New York’s traffic laws is crucial. Violations such as running red lights, speeding or failing to yield right of way can establish fault. The New York Vehicle and Traffic Law serves as the foundation for determining liability.

Police reports

Law enforcement officers often respond to accident scenes and prepare official reports. These reports can be instrumental in determining fault. They document the officers’ accident assessment and may include statements from involved parties and witnesses.

Witness statements

Eyewitness accounts can provide valuable insights into the events leading up to the collision. Collecting contact information from witnesses allows insurance companies and legal authorities to follow up and gather statements.

Photographic and video evidence

In the age of smartphones, it is common for bystanders or involved parties to capture images or videos of accidents. Such evidence can be useful in reconstructing the sequence of events and determining fault.

Insurance policies

New York is a no-fault insurance state. This means that drivers turn to their own insurance for coverage regardless of who caused the accident. Drivers must carry minimum liability coverage in these amounts:

  • $10,000 for property damage for a single accident
  • $25,000/$50,00 for bodily injury or death for a person involved in an accident
  • $50,000/$100,000 for bodily injury or death for two or more people in an accident

Despite New York’s no-fault regulations, determining fault is important in a liability claim beyond basic no-fault coverage. Insurance policies and coverage limits can impact fault determination.

Injuries and medical reports

The type of injuries sustained by each party can influence fault determination. Medical records and expert opinions can help establish a connection between the accident and the injuries suffered.

Comparative negligence

New York follows a comparative negligence system that considers each party’s degree of fault. If a driver is partially at fault, their compensation may be proportional.

Understanding New York’s laws and regulations and scrutinizing the accident scene helps determine fault in a car collision. This helps individuals navigate the aftermath of a collision and pursue fair and just compensation for their losses.


FindLaw Network