Does Fault Matter In A New York Motor Vehicle Accident?

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Answer

It may surprise you to learn this, but fault does matter in a New York traffic accident – even though New York is a no-fault state for insurance purposes. Fault is significant if your case goes to court and, by extension, when you’re negotiating a settlement.

New York’s No-Fault System Doesn’t Eliminate Fault

In the event of an accident, New York's no-fault insurance system means that your own insurance company will cover your medical bills and lost earnings up to a certain limit, regardless of who caused the accident. This system aims to reduce the number of minor lawsuits and streamline compensation for injuries.

However, the concept of fault becomes critically important if the injuries are severe and the case proceeds to court. In such situations, the party at fault is generally held liable for the other person's injuries and losses.

It Is Necessary To Investigate And Establish Fault In Many Cases

Establishing fault involves thoroughly investigating the accident, gathering evidence, and presenting a compelling argument. This is often when having an experienced personal injury lawyer really matters.

In my practice, I have developed a methodical approach to accident investigation, which includes examining police reports, interviewing witnesses, reviewing traffic surveillance footage, and sometimes working with accident reconstruction experts. This comprehensive approach helps in building a robust case to demonstrate fault effectively.

You Also Need To Demonstrate Your Losses

Beyond making a strong case for fault, personal injury lawyers also need to show the court that the other driver caused you an injury and how much compensation you should receive. In general, you should be compensated for everything the accident cost you. That could include things like:

·         Lost wages

·         Medical bills

·         Rehabilitation costs

·         Adaptive equipment

·         Property losses

·         Pain and suffering

Holding The Right Party Responsible Is About Justice

Proving fault is more than just a technical requirement; it is about ensuring justice and fair compensation for the victims. If someone else’s carelessness has caused you an injury, they should pay for your losses and compensate you for your pain. My role is to navigate the complexities of the legal system and leverage my knowledge and experience to maximize your compensation.

Disclaimer:

The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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