New York Auto Accidents: Proving that the Other Driver Was at Fault
In New York State, if you were in an accident that was caused by another driver in New York, you would need to prove they caused the accident and acted negligently behind the wheel. By building a strong case will allow you to pressure compensation for medical care, lost wages, property damages, pain and suffering, and more.
Part of recovering the best possible settlement in this type of case starts with knowing the most common types of evidence used in a case and how your accident should be documented. The best place to start is to have an experienced Syracuse car accident attorney on your side that will collect all the necessary evidence, build your case, and aggressively pursuing maximum compensation for your injuries and other expenses.
Elements Necessary to Prove Fault and Liability
Most often the first question to arise is, how do I prove the accident was the other driver’s fault. You will be able to pressure the case against the other driver if it can be proven that acted negligently and caused the accident that caused your injuries. Of course, that is assuming you can meet the stringent rules that are put in place by the state’s no-fault law.
There are five elements you must prove to hold the driver liable, when eligible. These five elements include:
• Duty
• Breach of duty
• Cause in Fact
• Proximate Cause
• Harm
Every driver on the road has a duty to follow the traffic laws and drive in a manner that doesn’t needlessly endanger others and in a serious accident, this is often easy to prove. A breach of this duty can be more difficult to prove. You need to prove they broke the law or acted in a manner that was reckless or careless.
Cause in fact and proximate cause mean that the driver’s breach of duty caused the accident and that the accident caused you to sustain 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.
Talk to an experienced Syracuse Car Accident Attorney 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 McMahon & Kublick, PC our experienced Syracuse personal injury attorneys will review your case at no charge to you to determine if you might be able to build a case and pursue compensation from the at-fault driver. There is never a fee for our services until we win your case for you. That’s our No Fee Guarantee! We are here to work for you.
