Proving Fault in a New York Car Accident
With almost every car accident, legal issues need to be dealt with by insurance companies and lawyers. Your responsibility is to tell your story honestly and work with your lawyer to collect evidence. Proving negligence follows a certain set of standards which can vary in complexity depending on how the car accident occurred and how many people were involved. Talk to a New York Car Accidents Lawyer if your insurance company was unable to offer you enough compensation.
Comparative Negligence Laws
New York uses pure comparative negligence to apportion fault for car accidents. This happens in cases where negligence is difficult to pinpoint. Comparative negligence works by dividing up the amount of compensation for each party by a percentage of fault.
For example, if you are found to be 40% at fault for the accident and the other driver 60% at fault, you will be compensated based on that amount. This also means you could still technically be compensated if you were 99% at fault. This percentage of fault is calculated based on what traffic laws were broken, whether a driver was intoxicated, and reckless driving behaviors.
How Negligence is Determined
Negligence must meet at least four conditions to be proven legally. These conditions tie your personal injuries directly to the car accident and the other driver’s actions. Your lawyer will help you collect the evidence needed to prove some of these conditions.
A legal duty must exist that sets an expectation that the other driver should have acted responsibly in the same circumstances. Evidence must establish that this legal duty was broken by the other driver. This breach must directly correspond to your personal injuries and related damages. The damages you sustained must also be proven.
Evidence of these damages may include medical receipts, medical records, lost wages, pain and suffering, and vehicle damage. Your lawyer will also request a copy of the police report as proof that the accident happened and that you and the other driver were involved. Testimony from yourself and witnesses will be given to prove your side of the story.
Cross-examination will reveal lies or inaccurate information. This tends to show how the accident actually occurred, which can be used to apportion a percentage of fault.
New York Personal Injury Attorney
Car accidents can be outrageously expensive with all the medical bills, vehicle repairs, and lost wages. Dealing with all the legalities and payments on your own can be stressful. On top of this, most insurance companies are working against you instead of with you. Some have been known to use deceit to trick people into accepting less compensation than they need. Consider hiring a Watertown Personal Injury Lawyer if you are concerned about how much compensation you were offered or if you were denied compensation.
At Gattuso & Ciotoli we possess over 50 years of experience with personal injury and car accident cases. Call us today at (315) 314-8000 for a free consultation. Our offices are located in Central New York, Syracuse, Watertown, Binghamton, Syracuse, North Syracuse, Camillus, Liverpool, Cortland, and Auburn. We will work with you to earn the compensation you need to fully recover.