If a car accident in New York injures you or damages your property, it is important to understand the rules of liability – meaning who is legally and financially responsible for your crash. It may be possible to hold someone liable for your accident outside of the state’s no-fault law, depending on the circumstances.
When Does Liability Matter in a New York Car Accident Case?
New York is unique in that state law applies a no-fault rule to most car accident cases. Under this law, anyone who is injured in an automobile accident in New York must seek initial compensation from their own insurance company, regardless of who is at fault for the crash. In a fault state, on the other hand, the driver or party at fault pays for the collision.
Under the no-fault system, it is not necessary to prove fault or liability after a car accident case that does not cause serious injuries. However, liability will matter if a victim suffers an injury such as a broken bone, organ damage, disability, disfigurement, dismemberment or death. An injury that meets New York’s serious injury threshold allows the victim to sue outside of the no-fault system.
In this situation, determining who is liable for causing the car accident is necessary to provide additional coverage. A third-party claim could lead to damages for pain and suffering, property repairs, loss of enjoyment of life, loss of consortium, and punitive damages in addition to medical bills and lost wages.
The Elements of Negligence in a Liability Claim
Holding someone else liable for a car accident in New York requires proof of negligence. If a driver is negligent, it means he or she fails to use appropriate care behind the wheel. Negligence has four legal elements:
- Duty of care: a legal responsibility to act in a reasonable and prudent manner to prevent automobile accidents.
- Breach: an act or omission that falls short of the duty of care, such as speeding, reckless driving, distracted driving or drunk driving.
- Causation: a connection between the at-fault party’s actions and the car accident.
- Damages: specific losses suffered by the car accident victim, such as bodily injuries and medical bills.
If you can establish these elements as more likely to be true than not true using evidence, the at-fault driver can be held responsible for paying for serious crash-related injuries and losses.
How to Prove Liability in a New York Car Accident Case
If you wish to file a claim against the other driver (or a third party) after a car accident in New York, you will need evidence that supports your case. The burden of proof is “based on a preponderance of the evidence,” meaning your claim is more likely to be true than not.
Types of evidence to prove liability may include:
- Police accident report
- Witness statements
- Physical evidence from the scene
- Confessions from the driver
- Accident scene photographs
- Video footage of the crash
- Accident reconstruction (done by experts)
- Medical documentation
- Vehicle repair estimates
- Proof of other losses
It may be possible to hold a driver, company, employer, part manufacturer, government agency or a combination of parties liable for your New York car accident. For an in-depth crash investigation and advice from an attorney for your unique situation, contact Abaev Law Firm, PLLC 24/7. We offer free initial consultations at our local law firm.