Although driving is a regular part of many people’s lives, it can leave a person with serious injuries and property damage after an accident. Generally, all New York drivers have a duty of care to drive responsibly and obey traffic laws. Victims of car accidents may be able to file a lawsuit against the at-fault driver in the form of a personal injury claim. During the case, the victim must prove they suffered damages as a result of the at-fault driver’s negligence. With the help of a skilled legal team, the victim can present documentation, witness accounts, medical records, police reports, and other relevant evidence to prove the other driver’s fault. It should be noted that New York uses a no-fault insurance system, which means that every driver must seek damages (up to a certain amount) through their own insurance company first before pursuing compensation from the other driver.
Car accident victims do not have to face the insurance companies alone. The Law Office of Cohen & Jaffe, LLP has a team of experienced and talented personal injury attorneys who have helped many victims prove fault and seek compensation after a car accident. Our legal team is equipped with the necessary skills to offer you excellent legal guidance in the aftermath of your car accident.
Proving Fault in Car Accident Cases
When you file a personal injury claim for negligence against another driver, you must prove that the other driver was at fault in order to recover compensation. All drivers owe a duty of care to each other, and they are usually considered negligent when they breach that duty of care. In a typical negligence case, a victim must prove that the at-fault driver caused the accident by failing to exercise the duty of care they owed to the victim. This is often demonstrated by the at-fault driver’s reckless or careless driving that resulted in the accident. Common examples of negligent driving include:
- Driving while intoxicated by drugs or alcohol
- Driving while being distracted by texting, making a phone call, or focusing on other technology within the car (i.e., radio or GPS)
- Speeding
- Weaving in and out of traffic
- Driving aggressively
- Driving recklessly during inclement weather conditions
With the help of a skilled legal team, you can gather evidence that proves the other driver’s negligent driving. For example, you can obtain police reports and witness testimony from those who saw the other driver’s behavior that led to the accident. Additional evidence may include photos from the scene of the accident and traffic camera footage. You will also want to gather important evidence that shows the losses you have suffered as a result of the accident. Such evidence can come in the form of medical records, medical bills, and lost wages. If you wish to seek compensation for your damages and injuries after a car accident, you should consult with an experienced team of personal injury lawyers for legal guidance.
Does New York’s No-Fault Insurance System Prevent You From Seeking Compensation?
Under New York’s no-fault insurance system, every driver must seek their own damages up to a certain amount through their own insurance company before pursuing compensation from the other driver. The no-fault system does not completely prevent a victim from pursuing compensation from the at-fault driver, but the victim must first recover compensation from their own insurance coverage. If the victim’s losses exceed the amount covered by their insurance, then they can pursue a personal injury claim against the at-fault driver.
All New York drivers are legally required to carry no-fault insurance with a minimum coverage of $50,000 for out-of-pocket medical expenses. Therefore, a victim must go through their own insurance company if their losses are less than the $50,000 threshold. On the other hand, a victim can file a personal injury claim and seek compensation from the at-fault driver when the victim’s damages exceed $50,000. Handling communications with the insurance company can be difficult, but it can be especially difficult for a victim who is also recovering from serious injuries. That is why you should team up with a knowledgeable personal injury lawyer who can help you with your case.
Contact the Experienced Team of Attorneys at the Law Office of Cohen & Jaffe, LLP to Discuss Your Car Accident Claim Today
Too often, victims suffer damages at the hands of negligent drivers. Car accidents can result in physical injury, property damage, and financial burdens for the victim. When seeking compensation from an at-fault driver, a victim must use relevant evidence to prove the other driver’s negligence. Our skilled legal team has a clear understanding of New York’s no-fault insurance system, and we want to help you seek the compensation you deserve.
The Law Office of Cohen & Jaffe, LLP has a dedicated team of personal injury lawyers who care about car accident victims like you. You can schedule a free consultation with us today. To reach our team, please call (516) 358-6900 or fill out our contact form.
