Can Fault Be Determined by Auto Accident Damage?
Although New York is a no-fault state in terms of car accidents, this does not mean that fault will play no role in your car accident claim. If your injuries are serious and, therefore, outside the bounds of no-fault coverage, fault will play a determinative role in your claim, and the auto accident damage involved can play a role in establishing that fault. If another driver’s negligence leaves you seriously injured in an auto accident, discuss your claim with an experienced Queens car accident attorney today.
Determining fault after a serious car accident is sometimes quite obvious, such as when a drunk driver barrels through a red light into an unsuspecting motorist. Other times, however, establishing fault can be more technical (even when it’s fairly clear who is to blame). In such instances, wide-ranging factors can be used to establish fault, including the damage to both vehicles.
Taking a Closer Look at the Damage
Often, the damage to the two vehicles involved in a car accident contains compelling clues about who is at fault. The fact is, however, that unless there is absolutely no doubt about who is at fault for a car accident (which is sometimes the case), the at-fault party’s insurance carrier is likely to be invested in nudging fault away from their policyholder and toward the other driver.
Often, car accident claims hinge on expert testimony from professionals who are in the business of explaining the physics of car accidents and, in the process, determining – often quite definitively – who is at fault. As such, the damage to both vehicles in a car accident can play a pivotal role in establishing the at-fault party.
Determining fault in a car accident is often a laborious process, and many factors are likely to be involved, including:
- Driver Statements – Driver statements include your recollections about exactly how the accident occurred, which can prove invaluable. The fact is that memories often fade or become distorted with time, but if you jot down your memories about the accident as soon after it happens as possible, they can play a compelling role.
- Police Report – While the police report in your case is not definitive, if it captures points that support your claim, it can be useful.
- Vehicle Damage – As mentioned, vehicle damage (including points of impact) can prove useful.
- Additional Factors – Additional factors that may affect your case can also be important, including things like photos taken at the scene, eyewitness testimony, evidence that captures the conditions on the ground at the time of the accident, and more.
You Need an Experienced Queens Car Accident Attorney on Your Side
If someone else’s negligence leaves you seriously injured in an auto accident, seeking compensation for your complete damages is critical, and the Queens car accident attorneys at Lipsig, Shapey, Manus & Moverman are both well positioned and well prepared to help guide your claim toward its best possible resolution. To learn more about how we can help you, please don’t wait to contact us online or call us at 212-285-3300 today.