If you have been involved in a car accident, liability may be disputed. Unfortunately, fault is not always clear as there are various factors at play. However, fault plays an important role in your ability to recover compensation for your damages. Please continue reading to learn how a determined New York City Car Accident Attorney can help you establish fault and attain the justice you deserve.
How is Fault Determined in a Car Accident?
Proving fault is critical when you are involved in an accident, as it determines who is financially responsible for the damages caused by the collision. While insurance may cover some of the related expenses, the at-fault party may be held liable for the remaining damages, including costs associated with injuries, vehicle repairs, and other costs.
New York is a pure comparative negligence state. This means injured parties are allowed to recover compensation even if they are slightly at fault for an accident. However, the amount of compensation is reduced by their degree of fault. For instance, if an individual is assigned 99% fault for an accident, they can still recover 1% of the settlement amount. Therefore, proving fault is important to ensure you receive the full and fair compensation to which you are entitled.
What Evidence Should I Collect?
Following a car accident, the first thing you should do is contact emergency services. The officer on the scene will conduct a preliminary investigation. When you file an insurance claim or take legal action against a negligent party, a police report can serve as critical evidence to support your version of events. It includes key details about the accident, such as the date, time, location, descriptions of the vehicles and damage, and any other relevant factors.
If circumstances permit, you should gather photos and videos of the accident scene. This type of visual evidence can help show how the accident happened and its results. If available, an attorney can help you obtain footage from homes, businesses, or traffic cameras.
If there are any witnesses to your accident, it’s important to gather their contact information and obtain a written statement detailing what they observed. Liability in car accident cases is often disputed. As such, it’s usually a matter of one driver’s word against the others. Witnesses are important as they can provide an unbiased account of the incident because they have no vested interest in the outcome of a claim.
It’s important to note that having legal representation from a car accident attorney can make it easier for you to gather pertinent evidence and build a case that proves fault. If you have suffered injuries in a car accident, please don’t hesitate to contact an attorney from Swerling Law, who can help you pursue compensation. Connect with our firm today to discuss your case.
