Car Accident Liability: Determining Fault in Buffalo, New York

Car accidents can be overwhelming, especially when you are unsure who is responsible. In Buffalo, New York, determining fault after a car accident is crucial to ensuring that the right party is held accountable for damages. Understanding how fault is established is important not only for insurance purposes but also if legal action becomes necessary. Whether you are involved in a minor fender bender or a more serious collision, knowing the basics of car accident liability can help you navigate the aftermath. At, Friedman & Ranzenhofer, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.

The Concept of Fault in Car Accidents

When it comes to car accidents, the person who is found to be at fault is typically the one responsible for paying for the damages. Fault refers to the person or party whose actions directly caused the accident to occur. In Buffalo, New York, determining fault can sometimes be complicated because of various factors involved in an accident. These factors can include road conditions, traffic laws, and even weather-related issues that are common in the Buffalo area.

The main goal is to figure out who acted negligently. Negligence occurs when someone fails to act in a way that a reasonable person would in a similar situation. This might mean running a red light, speeding, or failing to yield the right of way. If a person’s negligent actions caused the accident, they are likely to be found at fault. However, not all accidents are straightforward, and sometimes, more than one driver can share responsibility for the collision.

New York’s No-Fault Insurance Rule

New York follows what is known as a no-fault insurance rule. This means that after a car accident, each driver’s insurance company will cover their medical bills and certain other expenses, regardless of who was at fault. No-fault insurance is designed to make sure that accident victims can get compensation quickly without needing to prove fault first. This rule applies to injuries and medical costs but does not cover damages to your vehicle.

While the no-fault rule simplifies some aspects of car accidents, it doesn’t mean that determining fault is unimportant. If the accident results in serious injuries, or if damages exceed a certain threshold, you can still file a lawsuit against the at-fault driver. In these cases, determining fault becomes essential to recovering compensation beyond what no-fault insurance provides.

How Insurance Companies Determine Fault

After an accident, insurance companies play a significant role in determining who is at fault. They will investigate the accident by gathering evidence such as police reports, witness statements, and photographs from the scene. Insurance adjusters will look at the details of the crash to figure out which driver may have been negligent.

In some situations, determining fault is clear, such as when one driver rear-ends another vehicle or runs a stop sign. However, not all accidents are this straightforward, and insurance companies may disagree about who should be held responsible. When this happens, the case might end up in court, where a judge or jury will decide who was at fault based on the evidence presented.

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Shared Fault in Car Accidents

There are times when more than one driver may share responsibility for an accident. In Buffalo and throughout New York, the concept of “comparative negligence” is used to determine fault in these situations. Comparative negligence means that the fault can be split between the drivers involved in the accident. For example, if Driver A ran a red light but Driver B was speeding at the time of the crash, both drivers could be found partially at fault.

In New York, even if you are partially at fault for the accident, you can still recover damages. However, the amount of compensation you receive will be reduced by your percentage of fault. If you were 30 percent responsible for the accident, your compensation would be reduced by 30 percent. This system encourages fair outcomes in situations where multiple parties contributed to the accident.

Common Factors That Affect Fault Determination

There are many factors that can influence the determination of fault in a car accident. Some of the most common factors include traffic violations, road conditions, and weather. In Buffalo, where winter weather can be severe, accidents caused by snow and ice are common. While weather conditions can play a role in an accident, they do not absolve drivers of their responsibility to drive safely. A driver who fails to adjust their speed for icy roads or poor visibility could still be found negligent.

Other factors that might affect fault include whether a driver was distracted at the time of the accident. Distracted driving, such as texting or talking on the phone, is a leading cause of accidents. In cases where a driver was distracted, they are likely to be found at fault. Similarly, driving under the influence of drugs or alcohol is a major factor in determining fault, as it is a clear violation of traffic laws.

The Role of Traffic Laws in Fault Determination

Traffic laws play a significant role in determining fault. Drivers who violate traffic laws are often presumed to be at fault for an accident. For example, if one driver runs a red light and crashes into another car that had the right of way, the driver who ran the red light is likely to be found at fault.

In Buffalo, common traffic violations that lead to accidents include speeding, failing to signal, and failing to yield. Following traffic laws is essential to avoiding accidents and staying safe on the road. When a driver breaks these laws, they put themselves and others at risk, and they are more likely to be held liable if an accident occurs.

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The Importance of Evidence in Proving Fault

Proving fault in a car accident often comes down to the evidence that is available. After an accident, it is important to collect as much evidence as possible. This might include photographs of the scene, contact information for witnesses, and a copy of the police report. The police report can be especially valuable because it often includes the officer’s opinion on who was at fault.

Witness statements can also be important in proving fault. If someone saw the accident happen, their testimony can provide crucial information about what led to the collision. Insurance companies and courts will consider this evidence when deciding who was responsible.

In some cases, it may be necessary to hire accident reconstruction professionals who can analyze the evidence and determine how the accident occurred. This might involve looking at skid marks, the positioning of the vehicles, and other physical evidence from the scene. However, many accidents are resolved without needing this level of analysis, especially if the evidence clearly points to one driver being at fault.

What to Do After a Car Accident

If you are involved in a car accident in Buffalo, there are certain steps you should take to protect yourself. First and foremost, make sure that everyone involved is safe and call emergency services if necessary. It is important to contact the police, even if the accident seems minor. The police will create a report that can be helpful when determining fault later on.

You should also exchange information with the other driver, including names, contact information, and insurance details. If possible, take photographs of the accident scene, including damage to the vehicles and any relevant road conditions. Getting the contact information of any witnesses can also be helpful.

After the accident, it is important to seek medical attention, even if you do not think you are injured. Some injuries, such as whiplash, may not show symptoms right away. Having a medical record can also be important if you later decide to pursue a claim for compensation.

How an Attorney Can Help in Fault Determination

Determining fault in a car accident can be complicated, and having an attorney on your side can make the process easier. An attorney will help you gather the evidence you need to prove that the other driver was at fault. They will also negotiate with the insurance companies on your behalf, ensuring that you are treated fairly.

In some cases, insurance companies may try to deny or minimize your claim, even if you were not at fault. An attorney can advocate for you and help you get the compensation you deserve. If your case goes to court, having legal representation is essential to building a strong case and presenting the evidence effectively.

If you have been involved in a car accident in Buffalo and need help determining fault, the experienced attorneys at Friedman & Ranzenhofer, PC, are here to assist you. Our legal team is dedicated to helping you get the compensation you deserve. Contact us today for a consultation to discuss your case and how we can help you navigate the complexities of car accident liability in New York. Let us fight for your rights while you focus on recovering.

 

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