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Two vehicles come to an intersection and collide. In a situation like this, both parties often blame the other for the accident, and it can be hard to determine who is at fault. In fault-based states, the party responsible for the accident must pay for the damages the other has, which means deciding who is at fault in a car accident is critical.
There are several key things to know. First, if the police report indicates who is at fault, but you believe that information is wrong, inaccurate in some way, or based on lies, you must take action with the help of a New York City car accident attorney to provide more accurate insight. They understand the legal system and can provide valuable guidance throughout the process. Your attorney will investigate the accident, gather evidence, and build a strong case on your behalf.
Also note that in a car accident case, you have the right to gather information, evidence, and legal support. When you do, you protect your right to compensation.
The Evidence at the Scene of the Accident Matters
A good starting point when determining fault in a car accident is gathering evidence from the scene and trying to recreate what occurred. If the police officer responded to the site, their job was to take the first step in documenting what happened based on the evidence at the scene. However, other factors also play a role in this.
Consider a few of the most common causes of car accidents. It is also beneficial to understand how the police look at these details and determine who is at fault.
Distracted Driving Accidents
A distracted driving accident occurs when a person operating a vehicle is not paying full attention to the roadway in front of them because of something else happening in the car or on their mind. Distracted driving is a serious problem across the country, especially in busier areas where people are constantly in a hurry. For example, in recent years in New York, one out of every ten car accidents that resulted in a fatality and one in four injury crash cases in the state are due to distracted driving.
Distracted driving can occur when a driver is eating, texting, or talking on the phone. It may happen if a person is in an angry fight with a passenger or eating lunch with one hand on the wheel. No matter what is occurring, the person engaging in distracted driving is less likely to respond to the changing road conditions in front of them. If you prove someone was distracted behind the wheel and that distraction caused the accident, you can show they are at fault.
Proving distraction may be possible by:
- Demonstrating their sending of text messages at the time of the accident
- Using eyewitness statements to document what the driver was doing
- Turning to commercial logs on trucks that show what the driver was doing
There are various strategies your car accident attorney can apply to help prove fault. If one driver was distracted and the other was not engaging in any illegal act, it is clear who is at fault.
Rear-End Collisions
A rear-end collision occurs when one person strikes the back of another car. Most of the time, the person who strikes the other – in this case, the car from behind – is responsible for the losses to the other party. Even when weather conditions make it challenging to stop, every driver is responsible for stopping their vehicle before they hit the other.
In some situations, proving that the driver in front was responsible for the incident may be possible. For example, if the drivers are not speeding but the one in front slams on their brakes quickly and without warning or reason, that can cause the car behind to strike them. If you can prove this is what occurred, then you can prove the other party was at fault.
The key to resolving these situations is having proof of what happened. It is hard to do in many car accidents, but in situations where there are witnesses or any other documented evidence, such as from a camera nearby, that data can help to build the case for you.
Head-On Collision Injuries
Another common type of car accident is a head-on collision where two vehicles strike each other from opposite directions, generally with one engine hitting the other engine. These types of accidents, especially at a high rate of speed, can create numerous risks for victims, including the potential for loss of life. Proving fault is critical in severe injury cases like this.
The key to determining fault depends on the evidence at the scene. For example, if one driver was operating their vehicle left of center, this indicates they struck the other driver because they were on the wrong side of the road. Proof using cameras or location information about the accident can be helpful.
Another indication is looking at road signs and traffic lights that provide insight into who had the right of way. Remember that just having the right of way does not give someone the right to strike another vehicle. If you can stop and control your vehicle, you should. For example, if a car hit you because it ran a red light, you can show they are at fault for all your losses.
Fault in a Rideshare Accident
One of the more common recent types of car accidents is the rideshare accident. With so many rideshare services available in the city and state, it is easy to see how these types of accidents continue to happen at such alarming levels. Proving fault in these cases can be more challenging. Consider the following scenarios to have a better idea of how fault is determined:
- The rideshare driver was negligent in their actions. They are at fault if the driver was talking on the phone, speeding, or otherwise proven to have engaged in some action that caused the accident. The rideshare driver’s insurance applies in these situations if the driver is not on the clock and is not providing an actual service at the time of the accident.
- The rideshare company can be liable if you show that the driver was on the clock when the incident occurred. For example, suppose you or another person was a passenger in the vehicle, and you suffered injuries due to the driver’s accident. In that case, the rideshare’s insurance company may be liable.
- A third party can also be to blame. If someone else caused the accident, that driver can also be responsible for your losses.
Rideshare accidents are very different from taxi cabs. Taxi cab accidents nearly always involve a driver operating a company car when the accident occurs. The driver does not own the car, and as such, the liability in the case falls on the shoulders of the company that owns the vehicle. In a rideshare accident, the driver is often operating their personal vehicle as a component of their service. That can switch the liability coverage in these situations.
Drunk Driving Accident Fault
Impaired driving is a very real risk. It means someone is using alcohol or drugs while they are operating a vehicle, putting every other party at risk on the road with them. For instance, the New York State Police share that about 30 percent of all fatal crashes in the state are alcohol-related, and there are injuries from a drunk driving accident every two minutes.
Drunk driving accidents are severe, and proving liability is critical. Most of the time, to prove a driver was intoxicated, law enforcement will consider their blood alcohol level. Keep in mind that drunk driving accidents are not always apparent, and the driver is not always so intoxicated that it is easy to spot. That is why, in these situations, it is nearly always necessary to rely on the police report as starting evidence. Blood work that the person has can help support your claims as well.
Side-Impact Car Accidents
Who is at fault in a side-impact car accident depends on various factors. A side-impact accident, sometimes called a sideswipe, occurs when one vehicle strikes the other on the side, creating a T-bone-like shape. Multiple factors can determine the fault in this situation.
The first and most important factor is the evidence at the scene that shows who violated the law in this situation. For example, if one person was running a red light and struck the other driver who was rightfully in the intersection, that lawbreaker is responsible for what occurred. In situations where one driver is switching lanes around another, it is possible that the driver who maneuvered in an unsafe way, such as by not checking their blind spot, is liable.
The evidence at the scene often determines who is to blame for side-impact accidents. However, that information can be misleading, frequently causing a driver to seem at fault when the other acted unsafely. The key here is to demonstrate what occurred and, with the help of accident recreation software, it may be possible to show a court what happened as well.
How to Handle Your Car Accident Case
Consider the following situation. You are in a car accident and know the other driver was at fault for what occurred. The police do not see it that way, and you are blamed, at least partially, for what happened. In these situations, it often comes down to one side versus the other. However, with the help of a car accident attorney, it may be possible to prove that the other party is responsible. Your attorney may take these steps to build your case.
- Gather all evidence: Finding evidence in all sources is critical. It includes videos, photos, and data from witnesses. It means talking to all involved parties to find small bits of information that help to build your case.
- Accident re-creation specialists can also help: These professionals use their knowledge and software to recreate the accident based on the damage present. It may be possible to prove who is at fault by showing how the incident occurred.
- Medical experts may also be helpful here: They can offer insight into what had to have happened for you to have the injuries you have. It helps to build your case and may show that your injuries result from another person’s actions.
To tell who is at fault in a car accident, you need evidence and investigative help as much as possible. It is vital in situations with a lot on the line, such as a severe injury or a significant amount of damage repair needs. Your goal must be to seek the help of an attorney who can build a case to demonstrate what happened.
The Benefits of Having a Car Accident Attorney
David H. Perecman, NYC Car Accident Attorney
Call a car accident attorney to represent you if you receive blame for an accident that is not your fault. The same applies when severe injuries and other losses may seem impossible to recover from without some financial help. Your attorney can help through that process as well. Having an attorney allows you to determine the available evidence and combine that information to create a clear image of what occurred, which can help to win your case.
A car accident attorney can help you understand your legal options. They will explain the laws applicable to your case and guide you through the decision-making process. Whether you pursue a settlement or take your case to court, they will advocate for your best interests.
If you still need to do so, contact a New York City personal injury attorney who can help build a strong case against the other driver. Hiring a car accident attorney after an accident is crucial to protect your rights and secure the compensation you deserve. Their experience and guidance will help ease the stress of the situation and ensure that you receive the justice you deserve. Do not hesitate to contact a reputable car accident attorney to discuss your case and explore your options.
