Car accidents can happen to anyone at any time, even if you were completely following traffic laws and doing your best to be a defensive driver. In an instant, you can experience devastating injuries. Pursuing a car accident case is one way to start moving forward from this life-altering event.
Your New York car accident lawyer will tell you that evidence is key in car accident cases, but what types of evidence are necessary? Learn a few types of strong evidence that can support your car accident case and how to establish the other party’s negligence.
Understanding Fault in New York Car Accident Cases
While traffic deaths reached an all-time low across New York City in 2025, serious accidents still occur at an alarming rate. Approximately 205 people were killed in NYC alone in 2025 due to traffic accidents, with the majority happening in Brooklyn.
In the aftermath of a serious car accident, it can be challenging to determine how the accident happened and who was at fault. The police who come to the accident scene can help deduce what happened by assessing the scene and collecting details from all parties involved. The relevant insurance companies will assign a percentage of fault to the liable parties.
New York uses a pure comparative negligence policy for seeking compensation for accidents. Under this system, a person’s compensation is reduced by their percentage of fault in the accident. For instance, if you were found to be 20% at fault for the accident, you could only seek 80% of your damages from other parties.
New York car accident laws also require drivers involved in an accident to file claims through their own personal injury protection (PIP) insurance, regardless of who was at fault. You can only pursue a case against another party if your accident meets the serious injury threshold or you have a basic economic loss exceeding $50,000.
A New York car accident lawyer can help you understand fault in your accident case and whether you can pursue compensation from another party.
Types of Strong Evidence in a Car Accident Case
Collecting evidence to show that another party was at fault in your accident is important if you decide to pursue an insurance claim or lawsuit against that party. If you are filing a claim through your own PIP insurance, evidence of negligence is less important, as a fault determination may not be necessary.
Often, there are initial disputes over who was responsible for a car accident or how the accident occurred. For example, the other driver may claim that you unsafely pulled out in front of them, when in reality, they rear-ended you. Evidence could help piece together a more objective picture of how the accident occurred and show who may have been at fault.
Several types of evidence can help strengthen your car accident case against another party:
- Dashcam and security camera footage: Video footage is extremely valuable in car accident cases. If any security or dashboard cameras caught your accident, this can help clearly show what happened.
- Black box data: Modern vehicles contain event data recorders (EDRs), or black boxes, that record and store technical data before and during an accident. This data can provide details like how fast vehicles were going, whether the brakes were depressed, whether the seatbelt was in use, and even the steering wheel angle at the time of the accident. You may need a subpoena to access the other driver’s black box data.
- Photos of the accident scene: Photos of the positions of all vehicles involved after the accident can help paint a picture of how the crash happened. You should also take photos clearly showing the damage to your vehicle for insurance purposes.
- Police reports: The officers who come to your accident scene will create a police report with the accident details. This can help you establish the basic facts of the incident, such as when and where it happened, who was involved, and the types of damage.
- Medical records: Seeking medical attention after an accident is important to your personal injury claim. It creates medical documentation that you can use to tie your injuries directly to the accident.
- Witness statements: If anyone witnessed the accident, their testimony can help you prove the other driver’s fault.
Seek Counsel From a New York Auto Accident Lawyer
Collecting evidence for your car accident case may feel overwhelming, but the right New York car accident lawyer can take the stress off your shoulders. Our attorneys at Elliot Ifraimoff & Associates, PC, want to help you navigate your car accident case and fully understand your rights.
Learn more about choosing the right car accident lawyer, then request a free consultation with our injury lawyers in New York by calling 718-205-1010.
Frequently Asked Questions
How is fault determined in a car accident case?
Insurance companies assign fault in a car accident case by reviewing the circumstances of the accident and each party’s role. In New York, all parties involved in an accident can receive a percentage of the fault determination, and their compensation from other parties is reduced by that percentage.
What is the hardest injury to prove after a car accident?
The hardest injuries to prove after car accidents are those that may not have as much physical evidence, such as chronic pain conditions and psychological harm. Your New York car accident lawyer can help you gather accident documentation and other evidence to prove your injuries and resulting damages.
What are the four proofs of negligence?
The four elements to prove in a negligence case are that the defendant owed you a duty of care, that they failed to meet that duty, that their breach directly caused your injury, and that you suffered measurable losses as a result. If you pursue a lawsuit against the at-fault driver, you will need evidence to prove each of these points. Your New York car accident lawyer can help you collect compelling evidence to determine the driver’s negligence and your need for compensation.