How Do I Prove It Was The Other Driver’s Fault for the Car Accident in NY?
If another driver caused you to suffer serious injuries in a car accident in Nassau County, Suffolk County or anywhere in the New York City metropolitan area, you will need to prove they caused the accident by acting negligently behind the wheel. Building a strong case to prove negligence and liability–causation of your serious injuries–will allow you to pursue compensation for your medical care, lost wages, property damages, pain and suffering, and more.
Knowing the most common types of evidence used in these cases and how to document your accident-related damages is an important part of recovering the best possible payout in this type of case. Having a car accident attorney on your side will reduce the stress related to collecting evidence, building a case, and pursuing compensation.
Elements Necessary to Prove Fault and Liability
An important question to ask is, how do I prove it was the other driver’s fault for the car accident in NY? If it is proven the other driver acted negligently and this caused your accident, you will be able to pursue a case against them for causing your serious car accident injuries, assuming you meet the stringent rules set by the state’s no-fault law.
In general, there are five elements of negligence. These are the elements you must prove to hold the driver liable, when eligible. These five elements include:
- Breach of duty
- Cause in Fact
- Proximate Cause
In a serious injury accident, duty is generally easy to prove; every driver on the road has a duty to follow all traffic laws and drive in a way that does not needlessly endanger others. Breach of duty is sometimes more difficult. You will need to prove they broke the law or otherwise acted in a careless or reckless way.
Cause in fact and proximate cause mean that the driver’s breach of duty caused the accident and that the accident caused your serious injuries.
Lastly, you will need to prove your accident-related injuries and losses. This requires documenting your current and future medical care needs, lost wages and benefits, property damage, non-economic damages, and more.
Gathering Evidence to Prove It Was the Other Driver’s Fault for the Car Accident in NY
The evidence available and commonly used to prove fault in this type of accident varies based on the circumstances of the accident and the facts of the case. However, some common evidence in a serious injury accident will typically include:
- The motor vehicle accident report filed by police
- Eyewitness statements about what occurred
- Any video available of the accident or aftermath
- Photos from the scene of the accident
- A survey of the accident scene
- Accident damage to the vehicles
- Any breath tests or toxicology reports related to a criminal case against the at-fault driver
- Expert witness testimony, including from accident reconstructionists, medical experts, and others
- Documentation of your serious injuries, including relevant medical records
- Medical bills, estimates for car repair, and other documentation of your accident-related expenses and losses
In many cases, having legal representation from a car accident attorney will make it easier to gather this evidence and build a case that proves fault and liability. A car accident attorney who regularly sees similar cases will know what to look for and have resources they will use to prove your case.
An Attorney from Friedman & Simon, L.L.P. Will Help Prove Your Car Accident Case in Greater NYC
If you suffered injuries in a car accident in Nassau County or elsewhere in Greater NYC, an attorney from Friedman & Simon, L.L.P. will evaluate the merits of your case for free. We will explain your rights and make an initial determination whether your injuries qualify you to pursue compensation in a fault-based claim. If you are eligible to file a fault-based claim, our team will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
Taking these steps will allow us to build a case to prove it was the other driver’s fault for the NY car accident and pursue compensation on your behalf. This means filing a claim with the at-fault driver’s auto insurer and trying to negotiate the best possible payout based on your injuries and losses. If you suffered serious injuries and the insurance company refuses to make the appropriate out-of-court settlement, depending upon the unique circumstances of your case, we will file a personal injury lawsuit on your behalf.
Talk to a Car Accident Attorney in NY About Proving Your Case
Under New York law, you will be able to hold an at-fault driver liable for your accident-related damages if you suffer injuries serious enough to meet the state’s no-fault law threshold. At Friedman & Simon, L.L.P., our attorneys will review your case for free to determine if you might be able to build a case and pursue compensation from the at-fault driver.
We are passionate advocates for those injured in car accidents. From our office in Jericho, NY, we provide excellent representation to accident victims in Nassau County, Suffolk County or anywhere else in the New York City metropolitan area. Our multilingual staff (Spanish, Greek, Bengali, Tamil, and Kannada) will help you understand your case and keep you updated in a language you feel comfortable with.
Call (516) 932-0400 today to get started.