Getting into a serious auto accident can be traumatic, potentially leaving you with injuries and expensive medical bills. If you want to be fairly compensated for any financial losses arising from the incident, it’s essential to work with an accident attorney to determine who will pay for the damages. Here’s a closer look at how fault is established in these cases.  

Why Is It Important to Determine Fault?

In any motor vehicle accident, the party found responsible for causing the mishap will likely need to pay for the other party’s incurred damages, injuries, and losses. In cases where multiple parties are involved—how much each party will pay is usually dependent on how much they were at fault.

Under the comparative fault rule in New York, the judge or jury will factor in your liability in the accident, even if you’re the plaintiff. For instance, if you are deemed 40% liable for the mishap, you will only be entitled to 60% of the compensation for damages. Working with an accident attorney ensures that you will be compensated fairly or won’t overpay. 

How Is Fault Determined?

The police report is often a critical source of information, particularly when a law enforcement official is called to the scene to write a report on the accident. Since it will be used as primary evidence in your case, review the finished report and have it revised for any incorrect details. Often, video footage and photos will also be used to prove who was at fault.

Another way to determine culpability during accidents is via traffic laws. In rear-end collisions, the party normally at fault is the car in the back, since the driver didn’t give the vehicle in front of them enough space. For left-hand turn accidents where a car from the oncoming traffic was hit, the responsibility falls on the one making the turn, as the driver should’ve waited until it was safe. However, if the driver in the oncoming traffic displayed outright negligence, such as speeding or running the red light, they may be found at fault. 

When you need a reliable accident attorney, contact The Finkelstein Law Firm, PLLC. Based in Orange County, NY, their lawyers have helped countless residents throughout Hudson Valley receive fair compensation for their losses. Call (845) 294-9003 to schedule a consultation with an accident attorney, or learn more about their practice online.