Car accidents arise due to a wide range of causes, and determining who was at fault in your accident can sometimes be challenging. You may not be able to remember exactly how the accident happened or whether or not you contributed to it at all. Under New York’s comparative negligence laws, your compensation could be decreased by your percentage of fault in the accident.
Understanding common causes of accidents can help you pinpoint how your crash happened and who might be at fault. Consult a New York car accident lawyer for further guidance.
Common Causes of New York Car Accidents
The New York City Police Department released a Motor Vehicle Collision Report Statistics sheet in December 2023, examining motor vehicle data for that year. This sheet provides valuable insight into the common contributing factors in injury and fatal collisions.
Approximately 3,353 injury or fatal collisions were evaluated. According to the police department’s data, the following are the top contributing factors:
- Driver inattention/distraction (2,271 accidents): In this day and age, drivers are often distracted by their phones or other mobile devices, whether they are texting and driving, changing music or GPS directions, talking on the phone, or listening to an immersive podcast or audiobook. Drivers can also be distracted by events outside of their vehicles, such as accidents they are driving past.
- Failure to yield right-of-way (618 accidents): New York City’s reputation for aggressive drivers extends to those who fail to yield the right-of-way at intersections. When a driver violates right-of-way guidelines, they can quickly cause collisions with drivers who are taking their rightful turns.
- Following too closely (572 accidents): Many rear-end traffic accidents happen because a driver is following the vehicle in front of them too closely, preventing them from stopping quickly enough to avoid a collision. This is especially common during rush hour, when drivers are often required to slow down or stop suddenly.
- Improper passing or lane use (383 accidents): Collisions frequently happen when drivers fail to check their blind spots, merging into vehicles in adjacent lanes without noticing them. Some aggressive drivers also tend to pass other vehicles unsafely, whether on a two-way road with a solid line or in the right-hand lane of the highway rather than the left-hand designated passing lane.
- Unsafe speeds (357 accidents): Speeding can quickly lead to auto collisions as well. It reduces the amount of time drivers have to slow down or stop when faced with an obstacle or hazard.
- Disregard of traffic controls (274 accidents): Ignoring traffic lights or other signs while driving is often a direct cause of accidents. This includes construction signage telling drivers to slow down or watch out for construction vehicles in the roadway.
A New York car accident lawyer can help you pinpoint the cause of your accident and determine your next steps.
Who Can Be Held Liable for New York Car Accidents?
If the police came to your accident scene, they likely created a police report detailing the circumstances of the accident and an initial observation of how the crash occurred. Referring to this report is a good first step in understanding who may be held liable for the crash. However, police reports are not always 100% accurate, and your New York auto accident lawyer can help you challenge false information in the report if necessary.
Generally, any of the following parties could be held liable for a traffic accident:
- You: You might be at least partially responsible for the accident under New York’s comparative negligence laws. If you contributed to your own damages in any way, your compensation amount could be reduced accordingly.
- The other driver: The other driver in a vehicle collision may also be held at least partially liable.
- A vehicle manufacturer: In some cases, a vehicle manufacturer is liable for accidents when they arise from malfunctions.
- The City: The City could be liable for an accident involving unsafe roadways or unfilled potholes in some scenarios.
- A maintenance company: If a company that performed maintenance on your vehicle failed to properly fix the issue, eventually leading to an accident, it might be held liable.
How New York’s No-Fault Accident Laws Impact Liability
Determining the cause of your accident and who was responsible are important aspects of pursuing a liability claim. However, you should also understand New York car accident laws and how they pertain to fault.
New York is a no-fault state for car accidents, meaning each driver involved in an accident generally puts the claim on their own insurance. You would file a claim through your personal injury protection (PIP) insurance to seek reimbursement for medical expenses and time off work.
However, if the accident meets New York’s serious injury threshold, you may have the right to pursue a liability claim against the at-fault driver. Speak with your New York car accident lawyer about your rights and options.
Consult a New York Auto Accident Lawyer
Navigating the aftermath of an auto accident can be overwhelming, especially if you are recovering from a catastrophic injury. Elliot Ifraimoff & Associates, PC, represents car accident victims throughout the compensation process. Learn about choosing the right car accident lawyer, then contact us today at 718-205-1010 for a legal consultation.
Frequently Asked Questions
What is the New York statute of limitations for car accident lawsuits?
The statute of limitations for New York car accident lawsuits is three years from the accident date in many cases. You would have until this deadline to initiate a lawsuit against the liable party.
Who pays for property damage after a car accident?
The at-fault driver is generally responsible for paying for property damage through their insurance, but in some cases, a not-at-fault driver may be able to use their own insurance coverage if applicable.
Do you need a New York injury lawyer to pursue compensation from an at-fault party?
Having a New York car accident lawyer represent you can be extremely helpful if you are considering pursuing legal action against the liable party in your accident.