When you're making an injury claim after an accident, proving who is responsible is crucial, but it can be a challenge. Here are some frequently asked questions for determining who is at fault for a car accident.
You will most likely be presenting your claim to an insurance company, not to a judge or jury in a courtroom. That means you don’t need flawless legal “proof.” Instead, you’ll be negotiating informally with the insurance company through letters and phone calls with an insurance adjuster. Your goal is simply to explain, in plain and reasonable terms, how another person or business acted carelessly (was “negligent”), even if there may be arguments on both sides.
For instance, in a car accident claim, you don’t need detailed measurements of skid marks or exact collision angles. It’s usually enough to explain that the other driver rear-ended you or turned in front of you. Basic driving rules and common sense make it clear who was at fault.
When you present a strong and logical explanation of why the other party was responsible, the adjuster will understand that there is a real chance their insured could be found legally liable if the case went to court. Because of this risk, insurance companies often prefer to resolve valid claims with a fair settlement rather than face a personal injury lawsuit in civil court.
Negligence is the legal term used to describe careless behavior that causes, or helps cause, an accident. For example, a person acts negligently if they fail to stop at a stop sign and crash into your car as you pass through an intersection.
Someone is considered negligent when they have a duty to act carefully and do not meet that responsibility. In general, everyone is expected to act with ordinary and reasonable care in any situation—meaning they should behave in a way that does not foreseeably harm others. For instance, a driver who wears sunglasses at night would be acting negligently, since any reasonable person would understand that doing so increases the risk of an accident.
In most accident cases, negligence must be proven before a person can be held legally responsible for another’s injuries. If someone’s negligent behavior causes you harm, you are usually entitled to seek compensation for your injuries.
Even if you were partly responsible for an accident, you can usually still recover compensation (“damages”) from others whose negligence or recklessness also contributed to what happened. Each person’s share of responsibility is determined by comparing their level of carelessness with yours. For example, if you are found to be 25% at fault and the other party 75% at fault, that person—or their insurance company—would be responsible for paying 75% of your total damages. This approach is known as “comparative negligence.”
In a small number of states, however, you may be barred from receiving compensation if your own negligence played a significant role in causing the accident. This rule is called “contributory negligence.” In reality, how much your actions contributed to the accident is often something that gets negotiated with the insurance adjuster.
There is no precise formula for assigning fault percentages to you or the other party. During negotiations, you may argue for one percentage, while the adjuster may propose another and claim you were more responsible. These differing views on fault become part of the overall negotiation process that determines the value of your claim.
Imagine you have a bad knee that makes your leg unsteady, or your eyesight is weak even with glasses. If you fall because of a broken stair, are you still entitled to compensation simply because someone with stronger legs or better vision might not have fallen?
Yes. Everyone, regardless of physical ability, has the legal right to move through the world without being exposed to unnecessary danger. Property owners and occupants have a responsibility to avoid creating hazardous conditions for anyone who can reasonably be expected to be on their property. The same principle applies to drivers and others—no one has the right to create unreasonable risks for people whose paths they may cross.
Falk & Klebanoff is a trusted choice for legal representation on Long Island, New York following a car accident. Car accidents are an unfortunate reality, often involving complex circumstances and unexpected challenges. Navigating liability disputes and insurance matters can be overwhelming, which is why having an experienced attorney on your side is essential. Our firm is prepared to guide you through the legal process and address any issues related to fault, coverage, or compensation. Please contact us today if you need legal assistance following a car accident.
When you reach out, we can provide you with the legal guidance you need.
