What Happens When Both Drivers are at Fault?

Every day there are hundreds of car accidents, and there is usually one person who is at fault but happens when both drivers are at fault? Accidents are a scary thing to happen to anyone. If you are looking for a car accident lawyer in New Hyde Park, NY, then look no further than Tannenbaum, Bellatone, & Silver. We are dedicated to helping our clients get the best representation out there. 

What to do When You are in an Accident

Right after a car accident can be a very never racking thing, especially since you might be in shock. Hopefully, there will be other people nearby to help out in the situation. There are a couple of things to do when you are a car accident lawyer in New Hyde Park, NY. The first thing you want to do is:

  1. Stay on the Scene– If you were to get in an accident and think that it is that bad and drive away, you are actually committing a crime, and it could land you in jail. 
  2. Call the police– Doing this will expedite the process of trying to get information from each driver. They also call asses you see if you need medical attention. 
  3. Take Pictures– Taking pictures will help you in your case when it comes to showing who was at fault for the accident if neither driver is claiming responsibility.
  4. Remain calm– It is easy to get upset due to the circumstances, but the best thing to do is to stay calm and not lose your temper. Losing your temper will only make things worse.
  5. Get witness contact information– when it comes to car accidents, it can often be a matter of word versus other drivers’ word, so having witnesses can be a significant factor. 

How to Know Who is at Fault

When it comes to car accident lawyers in New Hyde Park, NY, it is hard to understand who is at fault for the accident. In certain cases, the state has the right to turn to one of the following rules to see who would most be at fault for the accident. 

  • Pure Comparative Fault- This states that you may seek damages, but the amount that you ravine will be decided to how much you were at fault. 
  • Proportional Comparative Fault- This states that the person who is the most at fault will not be allowed to collect any of the damages. The person who is least-guilty will be allowed to collect compensation to the amount that they were at fault. If they are both at fault 50/50, then neither of them will be allowed to receive any compensation. 
  • Pure Contributory Fault- This states that you are not allowed any compensation from the accident even if you are only 1% at fault and the other driver is at 99%.

Gathering Evidence 

One of the most important things to do is gather as much evidence from the case as possible. Confirmation will be your hard proof of whether or not you were at fault. There are times when both drives were doing something illegal, which makes it much harder for the attorneys to come up with a case on who was wrong. Take as many pictures from the accident as possible. Take photos of both cars, debris, and anything else that might help you in your case. This will help the insurance company and the lawyers have a better idea of who was at fault. 

Should you Contact a Lawyer After an Accident

There are certain cases where you should contact a lawyer and other instances in which you might be able to leave it up to the insurance companies. If you are injured in a car accident, insurance companies have a team of lawyers and adjusters on hand. The best thing for you to do is to also get your own lawyer to make sure that all of the facts are presented. Going up against lawyers that work for these billion-dollar insurance companies is a losing battle if you are doing it alone. If you do not have any experience with what rights you have, then they can easily take advantage of you and leave you with nothing. Having a lawyer to help fight your case is the smartest move that you can do. They understand the law and know what to say in certain situations so that you get what you deserve. 

Contact Us

At Tannenbaum, Bellatone, & Silver a car accident lawyer in New Hyde Park, NY, we understand that there is never a convenient time to have a car accident no matter whose fault it is. We want to be in your corner when it is time to figure out who was wrong and who was right. Our team of lawyers are standing by and are more than willing to assist you in any way possible. Give us a call today by visiting our website and seeing what we have to offer. We look forward to hearing from you.