New York Car Accident Liability
For any vehicle collision in the state of New York, in which an injury occurs, one of the crucial elements of a legal case is figuring out who is liable. This means the person who can help be held legally accountable for the injuries and damages sustained.
These cases can become even more complex, if you try to manage it on your own or if the insurance company delays or denies your claim directly with them. Every case has unique circumstances and one of the complicating elements is whether or not more than one driver may hold liability in an accident. Whether the driver that caused the injury was speeding, texting, driving recklessly or driving under the influence of alcohol, legal action could be taken against him or her after they have been identified as the responsible party. Car accident liability is something to consider when filing an insurance claim.
This is a crucial element of the investigation process that should be held by an experienced personal injury lawyer in New York. In some cases, experts may need to be retained to review the evidence associated with the accident to carry out the process of accident reconstruction.
Accident reconstruction can assist in determining who may be held responsible for the injuries sustained. You need an auto accident lawyer in New York, who has extensive experience looking for maximum compensation for damages to clients in severe car accident cases. The most important step after you have sustained an injury and gotten appropriate medical evaluation is to consult with an injury attorney immediately.
When you talk to a personal injury lawyer right away, and determine who could be held liable for the accident, you can begin the process of recovering compensation for your accident injuries. You may be curious about whether or not you could be held liable for the accident, if you are not the person who was driving the car at the time collision occurred. There are certain situations when you could still be held liable for a car accident if you let someone else drive your vehicle, such as a co-worker or your kids. If you loaned your car to a reckless or unfit driver, such as someone who has a history of vehicle accidents to driving under the influence, you could be held liable for the accident as well.Determining Fault
Sometimes it can be hard to determine who is at fault in a vehicle accident in New York. There are so many different factors that come into play that can be overwhelming for you as an accident victim. Every person who gets behind the wheel of a vehicle assumes some level of responsibility for that vehicle. If a driver behind the wheel breaches duties, there is a possibility that they could be held partially liable for the accident. An investigating police officer might engage in the process of interviewing both drivers to determine if one or both of them made a clear and conscious effort to avoid the crash and if they were following the rules of the road at the time of the accident.
If one driver has behaved negligently or done something illegal at the time of the accident, they could be held partially at fault. If one driver acted egregiously, such as driving under the influence of alcohol, they may have to accept complete blame and hold all fault responsible for the accident. In severe injury cases, the insurance company may try to deny that their client holds liability and they may try to prove that another person was responsible.
You need a New York auto-accident lawyer, who has developed extensive resources to assist with serious injury claims, including accident investigators working on an independent basis to support your case.
A severe injury claim will most often require negotiations and therefore, you need an auto accident attorney who is experienced with high value settlements. Liability is a crucial point in any legal claim against another party after a New York auto accident. Liability may rest with both parties and therefore, the compensation for resulting damages will be based on the percentage of liability. Therefore, the distribution of who is responsible for the accident is critical and you need an attorney to help you with the right claim.