Here in New York we have a comparative fault rule, which means that each person’s fault is considered (or compared) when you are in a car crash. A collision can be entirely the fault of one driver or fault can be split between the involved drivers.
Each person’s actions in the moments that lead up to the crash are considered; the speed of their car, where they were looking, whether they saw the other vehicle before the collision, whether they obeyed the traffic rules, whether they were on a cell phone, looking at a GPS system or simply not paying attention.
In addition to the human factors, there are other considerations including weather (rain, snow, fog), lighting (sunlight, sun glare, darkness) and roadway conditions. Every crash is looked at individually, with consideration of all of these factors and more to determine fault.
In each collision there is 100% of fault to be split between the involved people. It’s a simple idea. It can be 100% the responsibility of one person, a 50%/50% split, or anywhere in between.
How that percentage is determined comes down to the basic facts of the accident and the underlying theories of fault run according to the rules of the road. Those rules are set out in our Vehicle and Traffic Law.
There are several common liability scenarios that we see here at the firm:
In any case with these facts there is a chance that a Judge will determine that the crash is
100% the fault of the other party. Each case is different, and it usually comes down to whether the other driver has some kind of valid excuse, but we have been successful in having these types of cases determined in our clients’ favor.
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