How Fault Is Determined in an Albany, NY Car Accident Case
After a car crash in Albany, one of the most important questions is who was at fault. Determining fault affects not only who pays for property damage but also who may be liable for additional compensation in a personal injury claim. At Steve Foley Law Firm, our personal injury attorney helps Albany drivers navigate New York’s complex fault and insurance laws to ensure they get the recovery they deserve.
Understanding New York’s Comparative Negligence Rule in Albany
New York follows a pure comparative negligence system. This means that even if you were partially responsible for the crash, you can still recover compensation. Your percentage of fault reduces your damages.
For example, if you were found 20% at fault in an Albany car accident and suffered $100,000 in damages, you could still recover $80,000. This system allows injured drivers and passengers to pursue claims even when multiple parties share responsibility.
Evidence Used to Determine Fault
Fault is determined by examining the evidence from the accident. Insurance adjusters, law enforcement officers, and sometimes the courts will review:
- Police reports: These documents often include officer observations and citations issued at the scene.
- Witness statements: Independent accounts can help clarify how the accident occurred.
- Traffic camera or dashcam footage: Video evidence is often critical in proving negligence.
- Vehicle damage and accident reconstruction: Experts can analyze impact points to determine who caused the collision.
An experienced Albany car accident attorney can gather and interpret this evidence to build a strong claim on your behalf.
Common Factors That Lead to Fault in Crashes
In many cases, fault stems from one or more forms of negligent driving, such as:
- Speeding or reckless driving
- Distracted driving, including texting behind the wheel
- Failing to yield or obey traffic signals
- Driving under the influence of drugs or alcohol
- Unsafe lane changes or following too closely
Even minor errors can have serious consequences, which is why having a skilled lawyer investigate the details of your crash is so important.
Call Steve Foley Law Firm for Help
If you’ve been hurt in a car accident in Albany, don’t leave fault determination up to the insurance company. Steve Foley Law Firm has the experience and resources to investigate your case, prove liability, and fight for full compensation. Contact us online today for a free consultation. Our dedicated Albany car accident attorney is ready to protect your rights and help you move forward with confidence.