Proving the Other Driver Was at Fault
If you have been injured in a New York City car accident caused by another driver, you are entitled to compensatory damages. You will first need to prove the negligence of the at-fault driver. This requires establishing liability and backing your claim with relevant evidence. A car accident lawyer can help you prove your claim and recover the damages you deserve.
Establishing Liability
The most important part of proving the fault of negligent drivers is establishing liability. There are four key elements of negligence you must prove to show that the other driver is liable:
- Duty – Every driver owes a duty of care to other people on the road. This duty involves following traffic laws and driving safely in general. A driver automatically owes this duty of care to others when he or she is driving on the road.
- Breach of Duty – A breach of duty of care occurs when a driver fails to fulfill the duty of care. For instance, if a driver is speeding, driving recklessly, is under the influence, or breaks any traffic law, this constitutes a breach of duty.
- Causation – The next element is causation. You must prove that the breach of a driver’s duty of care directly caused the crash which led to your injuries. If a driver is speeding and hits you, this establishes causation. On the other hand, if a driver is speeding but that doesn’t directly cause an accident, breach alone is not sufficient to establish liability.
- Harm – Finally, you need to prove that the liable driver’s breach of duty and the consequent crash resulted in tangible and significant losses for you. Such losses can be in the form of personal injury or property damage.
New York’s Comparative Fault Rule
New York follows a pure comparative fault rule. Each party in a car crash is assigned a percentage of the fault. If your claim is valid, you can recover damages proportionate to the fault of the other driver.
For instance, if you are 10% at fault and the other driver is 90% at fault, your damages are reduced by 10%. If you are awarded $100,000 in damages, you will recover $90,000.
Unlike many other states, you can recover damages in a New York City crash even if you are 99% at fault. This is in contrast to many other states where you are barred from recovering compensation if you are above 50% at fault.
How a Car Accident Lawyer Can Help
If you have suffered injuries and other losses in a car crash in the Bronx or any other area in NYC, we can help you. Here at Greenstein & Milbauer, LLP, our lawyers work with you to prove the liability of other drivers involved. We also consider other factors to estimate the damages you can recover for your claim.
Call us today at 1-800-VICTIM2 (842-8462) to discuss your Bronx car crash claim with our lawyers or fill out our contact form to get in touch.
