As a personal injury law firm experienced in car accident cases, Puma Law Group understands the intricacies of liability in New York State. Our experience handling numerous car accident cases has given us valuable insights into how liability is determined and its impact on victim compensation.
No-Fault Insurance System
New York operates under a no-fault insurance system, which means that regardless of who caused the accident, each driver’s insurance company is responsible for covering their medical expenses and lost wages up to a specific limit. This system aims to provide quick compensation for accident victims without the need for lengthy legal battles.
However, it’s important to note that the no-fault system has limitations. The basic economic loss covered by no-fault benefits is capped at $50,000. When damages exceed this amount or a victim suffers a “serious injury” as defined by New York law, they may be able to step outside the no-fault system and pursue a claim against the at-fault driver.
Determining Liability
When a case goes beyond the no-fault system, determining liability becomes crucial. As experienced car accident lawyers, we at Puma Law Group focus on establishing negligence to prove liability. Negligence in car accidents can take many forms, including:
- Distracted driving
- Speeding
- Reckless driving
- Driving under the influence
- Failure to obey traffic laws
To establish negligence, we must prove four key elements: duty, breach, causation, and damages. This involves demonstrating that the other driver had a duty to drive safely, breached that duty through their actions, and that this breach directly caused our client’s injuries and losses.
Comparative Negligence
New York follows a “pure comparative negligence” rule, which can significantly impact an accident victim’s compensation. Under this system, a plaintiff can recover damages even if they are partially at fault for the accident. However, their compensation will be reduced by their percentage of fault.
For example, if a jury determines that our client’s total damages are $100,000 but also finds them 20% at fault for the accident, their recoverable damages would be reduced to $80,000. This rule applies regardless of the plaintiff’s degree of fault, even if it exceeds 50%.
Insurance Requirements and Liability
New York law mandates minimum insurance coverage for all drivers. This includes:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to all persons
- $10,000 for property damage in any one accident
These limits represent the minimum coverage an at-fault driver’s insurance will pay out to accident victims. However, in cases of severe injuries or multiple victims, these limits may be insufficient to cover all damages.
The Role of a Long Island Personal Injury Lawyer
At Puma Law Group, we understand that navigating the complexities of car accident liability can be overwhelming for victims. Our role is to investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, take the case to trial.
We work diligently to ensure our clients receive fair compensation for their injuries, lost wages, and other damages. Our aggressive litigation approach aims to hold negligent parties accountable and secure the best possible outcome for our clients.
Understanding liability in New York car accidents is crucial for victims seeking compensation. As experienced personal injury lawyers, Puma Law Group is committed to guiding our clients through this complex process and fighting for their rights every step.