How Fault is Determined in a Car Accident in Queens, NY


When there is a car accident in Queens, New York, one of the most critical steps in identifying who is responsible for any injuries or property damage that may have been caused is to establish who is to blame. To determine who was at fault for an incident, different kinds of evidence, such as witness accounts, police reports, and pictures of the scene, are taken into consideration.

Insurance companies are responsible for assessing fault after a car accident. There are situations when it is crystal clear who is responsible, such as in the case of a rear-end collision, in which a careless driver collided with the person in front of them, but this is not always the case. Car accidents may be difficult to navigate; however, insurance companies can assist by evaluating the property damage and injuries sustained. The insurance company is the one that decides who is at fault in an automobile collision.

If you are involved in a car crash in the state of New York, it is advised that you speak with a personal injury attorney. Dedicated car accident lawyers can assist you in defending your rights and interests throughout the process by ensuring that all relevant evidence is reviewed and all proper procedures are followed.

The Process of Determining Fault in a Car Accident

After a car accident, determining who is to blame may be difficult and requires careful consideration of several factors. All parties involved and any witnesses present at the time of the incident may be asked to give statements explaining what happened.

When an insurance company steps in, its priority is determining who was at fault for, or contributed to the accident. After a decision has been reached regarding which car(s) is at fault, one or more insurance providers may pay for medical care for those injured as well as the cost of replacing or repairing any vehicles that were damaged.

When it comes to identifying who is to blame in an automobile accident, the proportion of culpability may make things even more complicated. It is not uncommon for more than one motorist to share responsibility for an accident. There is a possibility that in a 2-car accident, your insurance company may accept responsibility for twenty percent of the damages while the other insurance company accepts 80%. Therefore, the 80% liable vehicle may only pay 80% of your property damage.

Important Factors in Determining Who Is At Fault

The police report is one of the most significant pieces of information to consider when deciding who is to blame. The location of the accident, the meteorological conditions that were present at the time of the accident, and the positions of the cars involved would normally be included in the police report. In addition, it will contain any tickets or charges handed out, such as those for driving recklessly or running a red light.

Witness statements are yet another significant aspect of the evidence. Those individuals who were there at the scene of the collision and watched as it unfolded can offer useful information about what they saw. In situations where the police report cannot definitively determine who was at fault, their testimony may be able to help establish fault and provide clarity.

It is also possible to assign fault based on photographs taken at the collision site. Taking pictures of the scene as well as the damage done to the cars might help determine what and who caused the accident and who could be responsible for it.

The drivers’ behavior will be considered, along with any physical evidence that may be found. At the time of the collision, for instance, if one of the drivers was under the influence of alcohol or drugs, they may be found to be at fault. A driver may also be liable for an accident if they were distracted by their phone or another device while driving.

After thoroughly examining each piece of evidence, it will then be possible to conclude who was to blame. If it is determined that one motorist was to blame for the accident, then that driver may be held financially responsible for any injuries or damages that were the direct consequence of the collision. Suppose it is determined that both drivers were to blame for the accident. In that case, the insurance companies will evaluate the degree to which each driver contributed to the accident and allocate culpability accordingly.

What If the Fault is Unclear?

In circumstances where it is unclear who is more to blame for what occurred, it is helpful if there are witnesses who can speak on what took place. Unknown witnesses might provide crucial information in determining culpability in an accident involving many drivers who do not want to accept responsibility for the collision. Conducting interviews with witnesses is an essential element of any lawsuit involving a traffic collision. Obtaining their contact details and sending a request that they provide specifics may have a significant impact on the outcome of the car accident claim.

As previously stated, when it comes to deciding who is to blame in motor vehicle accidents, evidence and witnesses are essential. If it is unclear who was to blame at the site of the collision, there might be traffic cameras nearby that caught the event. By watching the surveillance video, the insurance companies involved may be able to identify the at-fault party.

After an accident, one of the very first things that you should do is call the police and report what happened. They have the authority to assist, write reports, and issue tickets if necessary. It may be possible to determine who was at fault for an auto accident based on the physical evidence collected, such as car accident injuries, skid marks, and paint on a car.

An Overview of States That Have Fault and Those That Have No Fault

Twelve states follow the no-fault insurance system. In these jurisdictions, each individual’s insurance company is responsible for covering medical bills for any injuries or losses sustained.

In a state that follows the “at-fault” principle, the person who is found legally liable for injuries and damages is also the person who must pay for those injuries and damages. Some jurisdictions follow the pure contributory negligence principle, which states that even if a person is only marginally responsible for an accident, they are not entitled to compensation for their losses; on the other hand, some states follow the comparative blame principle, which states that your compensation will be reduced in proportion to the degree to which they were at fault.

The Importance of Hiring an Attorney

The aftermath of a car crash may be emotionally draining, and establishing liability can be difficult and time-consuming. To protect your rights and interests, it would be best to hire an attorney. The following are some of the many reasons why you should choose an experienced attorney to represent you after a car accident:

Knowledge of the Law

An experienced attorney will have a comprehensive understanding of the rules and regulations that pertain to automobile collisions. They will be able to provide you with advice on your rights and assist you in your own understanding of the procedures of the legal system.

Experience in Litigation

A personal injury lawyer knows the ins and outs of the legal system and how to best present your automobile accident case. They have the ability to foresee the approaches used by the opposing party and devise an efficient strategy to attain the desired result.

Negotiating Skills

The insurance company and any other parties involved may be persuaded to provide a reasonable settlement if your attorney negotiates on your behalf. They will be able to provide you with advice on what is fair to anticipate and will not allow the insurance company to take advantage of you.

Access to the Available Resources

An experienced lawyer may call on outside assistance in the handling of your case. They may hire accident reconstructionists, doctors, and detectives.

Keeping Watch Over Your Best Interests

An experienced lawyer will fight aggressively on your behalf to ensure that your rights and interests are safeguarded. They will provide you with advice and keep you well informed as your case moves along the legal process.

What Are the Factors to Consider When Hiring an Attorney?

When looking for a lawyer, there are several questions you should ask to make sure you get the person who is best suited to handle your case. These factors are as follows:


When hiring a lawyer, finding someone with experience handling cases like yours is important. These seasoned auto accident attorneys should be familiar with the applicable laws and regulations and have extensive experience.


Certain attorneys choose to specialize in only one area of law, such as criminal defense, bankruptcy, or personal injury. It’s crucial that you find a lawyer specializing in the area of law that pertains to your case. In the event you or someone you know is involved in a car accident, you would want to find a personal injury attorney.


Check the lawyer’s qualifications and read up on their reputation by reading reviews and testimonials online. An attorney who has earned a solid reputation will likely represent you well.


Take into account the availability of the attorney. They must be able to meet with you and start working on your Queens car accident case as soon as possible.

Communication Skills

Your chosen lawyer must be personable and easy to understand. They should be approachable and willing to answer your questions and address your concerns, as well as have a firm grasp of the law and the ability to explain it to you in layman’s terms.

Elliot Ifraimoff & Associates Law Firm in Queens Can Help

You may need assistance if you have been involved in a motor vehicle accident and are finding it difficult to navigate the legal system. That’s where Elliot Ifraimoff & Associates comes in. Our skilled Queens car accident lawyers are familiar with the intricacies of personal injury law and can assist you in defending your legal rights. We understand that being involved in a vehicle accident can be a distressing and stressful experience, which is why we are here to assist you through each step of the process.

We believe that every individual who has been injured should be entitled to fair compensation for such injuries. Because of this, our car accident lawyers put in a lot of effort to make sure that our clients get the settlements that they are entitled to. Because we know that dealing with insurance companies may be challenging at times, our Queens car accident attorneys are here to assist all car accident victims in navigating the system and achieving the desired outcomes.

Do not be reluctant to get in touch with Elliot Ifraimoff & Associates if you have been the victim of a motor vehicle collision and need help from a lawyer. We give free consultations to all of our customers, and it would be our pleasure to speak with you about your accident. Give us a call right now to set up a free consultation with one of our attorneys and take the very first step in obtaining the justice that is rightfully yours.