Motor vehicle accidents can be very disgusting. When you live in a busy city like New York City, it’s nearly hard to drive for years without getting involved in some nasty situations. Why it’s pretty unpredictable, it is not what any driver should pray to experience. Unfortunately, hundreds to thousands of New Yorkers do get involved in all kinds of motor vehicle accidents.
According to the New York Department of Health, about 1,008 New Yorkers were sent to hospitals after being injured in a car accident. This is more prevalent with people around 20 – 24 years.
Side collisions, head-on or front-end collisions, and rear-end collisions are the most common car accidents in NY. Side collision or T-bone involves one vehicle crashing into another from the sides. Rear-end collision is when one vehicle hits another from behind. As expected, car accident lawyers get mostly rear end collision cases.
Regardless of how careful you try to drive, there’s never a guarantee that you’d be free from getting caught up in a motor vehicle accident. So, when it happens, how can you get the compensation you deserve? What does the New York law have to say about motor vehicle accidents?
Establishing Fault/Negligence
If you’re to file a compensation suit against another motorist after an accident or injury in NY, you’ll need to prove that the other party is liable. Figuring out which driver is negligent is one of the highlights of accident laws in NY.
In some cases, like rear-end collision, and side collision, finding who is liable may be pretty easy. But what about front-end collision? How can you determine which driver’s carelessness caused the accident? How can you tell who is negligent?
In most motor vehicle accidents, proving fault is necessary to establish which party is liable. Victims of motor vehicle accidents in New York have the legal right to file a claim against the negligent party. While some cases, it is obvious to point out who the negligent party is. Other cases may need more fact-finding and extensive evidence collection. A simple accusation is never going to prove anything. Backing your claims with a solid and indisputable piece of evidence can go a long way in helping you get the right compensation.
New York Accident Laws
Like most states in the US, New York has established some legislation about motor vehicle accidents and has engineered a streamlined process to ensure that victims get compensated quicker.
Addressing tailgating or “following too close,” under the Vehicle and Traffic Law section 1129, drivers must not follow another vehicle more closely than is reasonable and prudent.
No-Fault Law
The state of New York operates the no-fault car insurance system, which means that after a car accident, you’ll only file a claim under your personal injury insurance coverage, regardless of who is liable. However, accidents classified with “serious injury” can move beyond the no-fault bracket, file a claim directly against who is liable, and get fully compensated.
Comparative Fault Law
Have you ever thought about what could happen if you were partly at fault for the accident?
The state of New York operates a pure comparative fault system. Here, if both parties are found to be liable at different degrees, based on the evidence, they will share the blame for the accident.
Getting Compensation
Although the no-fault insurance system is there to compensate you for some loss, including medical expenses, it may not be enough to bear the full weight of the expenses. It doesn’t compensate for the pain and suffering.
By filing a personal injury lawsuit directly against the liable party, you’ll be able to get the full compensation that you rightly deserve.
Following a motor vehicle accident in New York, speaking with an experienced front-end/rear-end/side collision attorney can help you pursue your compensation. A skilled personal injury lawyer will guarantee a smooth process and ensure that you get the full compensation.
