Car accidents are a leading cause of unintentional injuries and deaths in New York State. Since New York is a no-fault car insurance state, you don’t always have to prove fault to recover financial compensation. When you do need to prove fault, however, it is important to know what evidence to preserve.
No-Fault vs. Fault Insurance Claim in New York
Under New York’s no-fault car insurance law, an injured driver will seek financial compensation from his or her own personal injury protection (PIP) insurance, regardless of fault. If the injuries from the collision are serious, however, a lawsuit can be filed against the at-fault party outside of the no-fault system. In this case, fault must be proven by the claimant.
How Is Fault Determined in a New York Car Accident?
When there is grounds for a fault-based car accident claim in New York, the injured party or claimant (known as the “plaintiff” in a lawsuit) is responsible for proving fault. There must be evidence that the other driver or a third party is more likely to be at fault for the accident than not at fault.
Fault is typically determined after a car accident through an investigation of the crash. Investigators will revisit the scene of the crash, interview those involved and eyewitnesses, and may reconstruct the crash to determine which driver was in the wrong. Typically, fault will go to the driver who was in violation of a traffic law at the time of the accident, such as a drunk driver or someone who ran a red light.
Common Types of Car Accident Evidence
The strength of the evidence used to prove a car accident claim can make or break the case. The burden of proof that must be met by the plaintiff is a “preponderance of the evidence,” meaning “more likely to be true than not true,” or true with a certainty of at least 51 percent.
Common types of crash-related evidence include:
- A police report
- Photographs of the scene
- Videos of the accident (dashcams, GoPros, surveillance cameras, etc.)
- Statements from eyewitnesses or drivers
- A vehicle’s black box
- A driver’s driving and medical records
- Cell phone records
- Blood alcohol content (BAC) test results
- Related moving violations or criminal convictions
- Testimony from qualified experts, such as medical experts or crash reconstructionists
- Medical bills and records
- Property damage repair estimates
- Bills, receipts or wage statements proving other losses
After a car accident takes place in New York, do your best to gather information and evidence while you are still at the scene. Call the police to get a police report, for example, and take pictures before you leave. Then, contact a car accident attorney in Forest Hills to help you access other key types of evidence.
How a Car Accident Lawyer Can Help
If you need help preserving, obtaining or presenting compelling evidence to support your New York car accident claim, consult with a local lawyer at ALF Law from the very beginning of your case. We can send investigators to the scene to start collecting evidence right away – before anything gets lost or destroyed. Then, we can piece the evidence together in a way that brings a compelling case against the at-fault driver to maximize your odds of success.