If you find yourself involved in a car accident, it’s important to understand that determining liability is often a contentious issue. Fault is not always clear as various factors can come into play. Unfortunately, the ambiguity surrounding fault can create obstacles when it comes to recovering compensation for your damages. Please continue reading to learn how a skilled New York City Car Accident Lawyer can help you establish fault and attain the justice you deserve.
Why is it Important to Prove Fault?
When a car accident occurs, proving fault is critical as it determines who is financially responsible for the damages caused by the incident. Although New York is a no-fault state, meaning after a car accident each driver will file a claim with their brown insurance company to cover their medical expenses and other losses, regardless of who caused the accident. In other words, you seek compensation from your insurance provider even if the other driver was at fault. Nevertheless, while your insurance may cover some of the related expenses, that at-fault party can be held liable for the remaining damages you have incurred.
In the United States, some states follow the contributory negligence doctrine which bars from collection compensation for the damages they have sustained if they are found liable in any capacity for an accident. New York is a pure comparative negligence state. This means if you contributed to the cause of a collision, you won’t be prevented from pursuing compensation. However, your recovery will be influenced by your role in getting hurt. Victim’s damages can be reduced by their liability. Essentially, this means that the higher your percentage of fault, the lower the amount you can recover for your damages. Proving fault is important as it ensures you receive the full and fair compensation to which you are entitled.
What Can I Do to Help My Case Following an Accident?
Following a car accident, if you are physically capable, collecting evidence from the scene may prove useful when moving forward with legal action. Taking proactive measures to establish a connection between your losses and the collisions can make a signficant impact on the outcome of your case. After you have sought medical attention, you should take photos of your visible injuries, property damage, and any relevant road markings. If there are any witnesses to your accident, you should collect their contact information as they may be able to corroborate your version of the events. This is especially important when liability is disputed as their statement can provide an unbiased account of the incident.
If you have been injured in a car accident due to someone else’s negligence, please don’t hesitate to contact our legal team as we can help gather evidence to build a strong case. At The Bàez Legal Group, we are prepared to guide you through this complex process and offer the support you need to get your life back on track. Connect with our firm today to learn how we can help you fight for the compensation you deserve.
