Who Determines Fault in a New York City Car Accident?
Why Fault Matters After a Car Accident in NYC
After a car accident in New York City, one of the most critical questions is: Who is at fault? Fault determines who pays for damages, which insurance policy applies, and whether you can pursue additional compensation through a lawsuit.
In New York, the at-fault driver (or their insurer) may be responsible for:
- Medical expenses
- Lost wages
- Vehicle repairs or replacement
- Pain and suffering (if the serious injury threshold is met)
Because New York law combines no-fault rules with the ability to sue in some instances, consulting an experienced NYC car accident lawyer is critical.
How Fault Is Determined in New York Car Accidents
Determining fault in a New York car crash depends on whether a driver acted negligently. Evidence typically includes:
- NYPD or police accident reports
- Witness statements
- Photos, dashcam, or surveillance videos
- Vehicle damage, skid marks, and accident scene evidence
- Weather and road conditions
- Event data recorders (black box) or cellphone records
- Medical records and expert accident reconstruction
While police reports often influence insurance companies, they are not final. A skilled New York personal injury attorney can gather additional proof to strengthen your claim.
Comparative Negligence in New York Car Accidents
New York follows pure comparative negligence. This means:
- You can recover damages even if you were 99% at fault.
- Your percentage of fault reduces your compensation.
Example: If your damages total $100,000 but you are 30% responsible, you can still recover $70,000.
This system makes it essential to have an NYC accident attorney fight against unfair fault percentages assigned by insurance companies.
Common Types of Car Accidents in New York City and Fault Presumptions
- Rear-End Collisions – The trailing driver is usually liable, though sudden stops or defective brake lights may shift fault.
- Left-Turn Accidents – The turning driver is generally at fault unless the other driver was speeding or ran a red light.
- Intersection / T-Bone Collisions – Often involve failure to yield or running a stop sign.
- Lane Change / Merging Accidents – Typically, the merging driver’s responsibility.
- Distracted or Drunk Driving Accidents – The impaired driver is usually fully liable.
- Multi-Vehicle Pileups – Fault may be divided among several drivers.
An attorney can gather evidence to challenge these presumptions if necessary.
Who Can Be Held Liable in an NYC Car Accident?
In addition to negligent drivers, other parties may be held responsible:
- Vehicle Owners – For negligent entrustment
- Employers – If the driver was working at the time of the crash
- Manufacturers – For defective car parts (brakes, airbags, tires)
- City or State Agencies – For unsafe roads, poor signage, or defective traffic signals (special rules apply when suing New York City or government entities)
Damages You Can Recover in a New York City Car Accident Lawsuit
If your injuries meet the serious injury threshold, you may recover compensation for:
- Emergency medical treatment and ongoing care
- Lost wages and loss of future earning capacity
- Vehicle repairs and property damage
- Pain and suffering and diminished quality of life
- Wrongful death damages (for fatal accidents)
- Punitive damages in cases of extreme negligence, such as drunk driving
Deadlines to File in New York
- Personal Injury: 3 years from the date of the accident (CPLR § 214)
- Wrongful Death: 2 years from the date of death
- Claims Against NYC or Government: A Notice of Claim must be filed within 90 days
What to Do After a Car Accident in New York City
- Call 911 and obtain a police accident report.
- Exchange information with all drivers involved.
- Take photos and videos of the scene, vehicles, and injuries.
- Collect witness contact information.
- Get medical treatment immediately, even for minor injuries.
- Report the accident to your insurance company.
- Do not admit fault or give recorded statements to the other driver’s insurer.
- Call an experienced NYC car accident lawyer as soon as possible.
Why Hire a New York City Car Accident Lawyer?
Insurance companies often minimize payouts by disputing fault or claiming your injuries are not “serious.” A knowledgeable NYC accident attorney can:
- Conduct an independent investigation
- Secure critical evidence (dashcam, traffic camera footage, phone records)
- Work with accident reconstruction and medical experts
- Negotiate aggressively with insurers
- File a lawsuit and represent you in court if necessary
Legal representation ensures fault is determined reasonably and maximizes your recovery under New York law.
Why Choose Greenstein & Pittari – NYC Car Accident Attorneys
- Convenient Harlem office and six other NYC-area locations (Bronx, Brooklyn, Queens, Staten Island, Yonkers, Nassau County)
- No fee unless we win your case – Our Fee Guarantee
- Bilingual services available
- Hundreds of satisfied clients and top reviews
- We handle the insurance companies so you can focus on healing
- Recognized as Top-Rated Lawyers by Best Lawyers and Super Lawyers
Don’t Be a Victim Twice – Call 1-800-VICTIM2 (1-800-842-8462)
At Greenstein & Pittari, we fight exclusively for accident victims in New York City. We offer free consultations, work on contingency, and relentlessly pursue justice and maximum compensation