Liability in a Car Accident
Determining Liability in New York City
In any car accident in which an injury takes place, it is critical to determine who is liable. Each case has unique circumstances, and some cases have more than one driver who holds liability. Whether the driver that caused the injury accident was driving drunk, speeding, texting, or driving recklessly, once they are identified as the responsible party, legal action against them can be initiated by an attorney from our firm.
Our legal team has extensive experience in seeking compensation for damages for our clients in serious car accident injury cases. The first and most critical step after an injury accident is to contact our firm to discuss your legal case with a professional New York City personal injury attorney. When you do, we can immediately help you begin the process of receiving compensation for your accident injuries.
"Am I liable for the car accident?"
You can be deemed liable for an accident even if you were not the person who was driving the vehicle at the time of the collision. There are some cases where you can be held responsible for a car accident if you let someone else drive your vehicle, such as your kids or a coworker. If you lend your car to an unfit or reckless driver, such as someone who has a history of accidents or DUI, you may be held liable for the accident as well.
Who is At Fault?
Sometimes it can be difficult to determine who is at-fault in a car accident. There are many factors that can come into play, and even if you seem to think that you are at-fault, there is a possibility that you are not entirely to blame. Every person who gets behind the wheel of a car assumes responsibility for the vehicle. If there has been a breach in duties from any driver, there is a possibility that they may be held partially liable for the accident.
After an accident, an investigating police officer may interview both drivers to determine if one or both drivers made a conscious effort to avoid the collision and if they were following the rules of the road. If one driver has done something illegal or acted in a negligent manner, he or she may be partially at-fault. If one driver acted in a grossly negligent manner, such as driving while intoxicated, they may completely to blame and hold all faults responsible for the accidents.
Working with the Insurance Company
In very serious injury cases, including those in which a death took place, there can be efforts by the insurance company to try to deny that their client holds liability; they may investigate the case and try to prove another party was responsible. Our legal team has developed powerful resources to assist us in serious injury claims, including independent accident investigators to support our case when necessary. Any serious injury claim will likely require negotiations; our firm has successfully negotiated countless high-value settlements for clients over our years in practice, and we can evaluate your injury case to determine how to move forward with a claim or lawsuit.
Liability is a critical point in any legal claim against another party. In many cases, the liability can rest with both parties, and the compensation for damages will be based upon the percentage of liability. For example, if you are found to be 40% liable and the other party is found to be 60% liable, the other party will be forced to pay 60% of the settlement, award or judgment. We are very familiar with all aspects of injury claims, and can greatly assist you in determining the merit of your case. In some injury cases, it is very clear who is at fault, and there are police reports to back up the information. Others may be more difficult, and will require more evidential proof. In either scenario, it is always wise to have an attorney by your side throughout the process.