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Proving who was to blame for a crash isn’t easy

On Behalf of | Oct 9, 2018 | Motor Vehicle Accidents |

With any type of accident, whether involving a motorcycle, pedestrian, bike or car, there’s generally one party that can be pointed to as being responsible for having caused it. Even in a no-fault state like New York, proving who was to blame for causing a collision can impact how much in compensation you’re entitled to if you suffer serious injuries in a crash.

In most areas, a police officer who’s summoned to crash will speak with both motorists and any witnesses to try to understand what happened leading up to the crash occurring. They’ll then document what was said on in a report. This is the best place to start when you’re trying to prove negligence.

Valuable investigative information such as how long the skid-marks at the scene were, whether they believe speed played a role in causing the crash or whether the motorists received citations will also be included on it.

While these reports can be valuable in proving who was at fault, it may be difficult to get inaccurate information changed, especially if it shifts liability from one party to another. A personal injury attorney may have to be brought in to help with this.

There are some types of crashes where liability is clear. One of the most frequent types of crashes are rear-end accidents. If you’re struck from behind, then it’s highly unlikely that you’ll be blamed for having caused a crash. If you make a left turn out in front of someone, though, then there’s a strong likelihood that the blame for causing the crash will be pinned on you.

Although one motorist’s negligence can easily be cited as having resulted in a crash in no-fault states like New York, insurance companies generally settle claims with little discussion about liability or much fanfare. That being said, negotiating with an insurance company to get them to award adequate compensation necessary for you to be able to focus on your physical and emotional recovery isn’t always easy.

A Mahopac motor vehicle accident attorney who is widely respected for their knowledge, ability to negotiate and success at trial is who you’ll need handling your serious injury or wrongful death case.


Law Offices of Joseph J. Tock