10 May How Is Fault Proven For Car Accidents?
A car accident can change your life in an instant. While no one ever expects or prepares for a car accident to occur, when one takes place, all parties involved have several issues to contend with once the dust has settled. Determining the at-fault party for the accident is one of the most critical issues. At Tannenbaum, Bellantone, & Silver, P.C., our attorneys have helped several clients achieve compensation for their injuries. Our team would like to share some information about this complex task to help you achieve the best personal and financial outcomes. Continue reading to learn more.
No-Fault Laws in New York
After an auto accident, you may suffer significant damage in multiple aspects of your life. One of the most essential things to determine is who is at fault for the accident. If this event led to a severe injury such as fractures, dismemberment, or death, the driver who caused the auto accident is responsible for covering the other driver’s damages. The “no-fault” car insurance system applies if there is no severe injury. New York uses a no-fault system for car accidents. Each driver must carry a minimum amount of no-fault insurance coverage, and their insurance will cover their damages after an automobile accident, regardless of who was at fault. This insurance only covers financial damages like property damage, medical expenses, and lost wages and only covers up to the policy limit. Non-financial damages such as pain, emotional distress, and suffering are not covered. To get out of this no-fault system, the plaintiff must prove that the accident caused catastrophic damage, such as:
- Fractured Bones
- Significant Disability
Authorities use several evidence sources to determine who is at fault for an auto accident. If you were recently involved in an accident, you could use some of these sources to help determine and prove fault:
- Eyewitness Accounts – The first source of evidence used for determining liability comes from eyewitness accounts. These sources can include you, others involved in the accident, or bystanders who are willing to provide information about what caused the accidents. In most cases, eyewitness accounts are used to corroborate other evidence rather than as proof of fault.
- Physical Evidence – Physical evidence allows authoritative figures to determine fault based on tangible evidence from the incident scene. This can include markings on vehicles, debris, blood spatter, or markings on the road. Physical evidence also manifests as injuries. If you are injured in an auto accident, the type of injury and severity can help investigators determine fault and gather where the victim’s vehicle was impacted.
- Records – While a driving record is not a guarantee of future behavior, it can be revealing and incriminating. Driving records can support claims of innocence or accusations of negligence.
If you’ve suffered harrowing injuries from a car accident, our attorneys at Tannenbaum, Bellantone, & Silver will evaluate the merits of your claim and help determine whether your damages qualify you to pursue a fault-based claim. If you are eligible, our team will gather evidence and determine a value for your case and pursue compensation on your behalf. Working with an experienced and accomplished legal team makes it easier to gather critical evidence and build a strong case that proves fault and liability.
After an accident, you may have experienced a great deal of pain in addition to mountainous medical expenses. At Tannenbaum, Bellantone, & Silver, P.C., we are passionate advocates for those who have suffered injuries during car accidents. Regardless of your circumstances, our accomplished team will use our experience to help you achieve the compensation you deserve. Be sure to contact us today to learn more and schedule a consultation.