It isn’t uncommon for both drivers to blame each other after an accident in New York since everyone will have their own side of the story. The problem with this is that disputed fault in a car accident can make it difficult to determine liability so that you can get the settlement that you need. In these types of situations, it’s a good idea to get the help of a car accident lawyer in New York who can help negotiate on your behalf so that you get the best possible outcome for your case. So, keep reading to find out what happens in car accident cases when both drivers blame each other.
How Fault Is Determined When Drivers Disagree
The good thing about auto accidents in New York is that fault isn’t necessarily determined by the stories of the drivers. Fault is typically determined by the evidence collected after the accident has occurred, which helps to paint a picture of what caused the collision.
With that being said, when both drivers blame each other for the accident, this often leads to disputes regarding fault. This can complicate your claim by providing two different stories, resulting in the need for more evidence and more extensive insurance company investigations.
When both drivers are providing conflicting information, the focus will need to go to objective evidence to prove without a doubt how the accident occurred. Here are some examples of the types of evidence you can use to do this:
- Dashcam footage
- Footage from surveillance or traffic cameras
- Witness statements
- Expert testimony
- Accident reconstruction
A New York auto accident attorney can help you identify what evidence will support your claim so that you can clearly establish liability and get the compensation you deserve. An attorney will also handle all communication with the other involved parties so that you don’t accidentally say anything that could damage your case.
Understanding Comparative Negligence in New York
One of the reasons why it’s so important that you settle a car accident liability dispute is because of New York’s comparative negligence system. This comparative negligence system means that both parties could share a percentage of fault for the accident. However, New York’s comparative negligence system is modified, meaning that if your percentage of fault is over 50%, you can’t recover any damages.
So, it becomes that much more important that you prove who holds the highest percentage of fault so that you maintain your right to receive compensation.
Get In Touch With a Car Accident Lawyer in New York
It can be very frustrating to prove fault in a NY car accident when the other driver has a completely different story. This isn’t an uncommon scenario and can lead to difficulty proving liability and a longer claims process.
If this is a situation you’re navigating, you need to get the help of a car accident lawyer in New York who can help you establish liability with clear and straightforward evidence.
If you’re ready to file your New York auto accident claim and get the compensation you deserve, contact us today at Gash & Associates, P.C., in New York, at 914-328-8800 for a free consultation.
