“Fault” States Versus “No Fault” States
When looking for an auto accident lawyer Bushwick NY residents trust, it’s important to keep in mind that it might not be easy to prove that the other driver was responsible for causing the crash. In some cases it is easy to prove liability, but as an experienced auto accident lawyer Bushwick NY can provide will likely know, some cases can be incredibly complex.
Each state has the ability to enact its own legislation regarding traffic regulations, and this applies to how liability is determined in an accident. In general, states either abide by “fault” guidelines or “no fault” guidelines.
“No Fault” States
New York is one of several states that follows a “no fault” set of guidelines. This means, in the event of an accident, an injured claimant will first pursue financial coverage through his/her own insurance company instead of seeking coverage through the negligent driver’s insurance company. It may still be possible to seek additional damages in one of the these states, though, especially if a person’s injury was very severe. In these cases it may be beneficial to seek legal counsel from an experienced auto accident lawyer Bushwick NY residents trust before filing any claims.
However, several other states abide by “fault” laws — and it’s important to know about these laws because an accident that occurs in one of these states may be subject to “fault” rules, even when the driver is a resident of a “no fault” state. In a “fault” state, when a driver or passenger is injured in an accident caused by another driver, the injured person must be able to prove that the other driver was negligent before claiming insurance coverage through that person’s insurer.
As a seasoned auto accident lawyer Bushwick NY can provide might know, liability can be a serious issue if there are no witnesses and no evidence to prove which driver was responsible. The injured claimant will typically have to prove three things:
- The situation called for the other driver to exhibit a certain amount of care
- The other driver failed to exercise this duty of care, thereby showing negligence
- The other driver’s negligence was the direct cause of the claimant’s injuries
In “fault” states, as an experienced Bushwick NY auto accident lawyer might explain, it’s not always possible to prove that the other driver was completely responsible for causing the accident. In a small percentage of “fault” states, an injured claimant who is partially responsible for causing an accident — no matter how small of a mistake that person may have made — might not be able to claim any compensation. These situations can be especially complicated, and this is why many claimants seek the help of a skilled lawyer.
Contact Your Local Auto Accident Lawyer in Bushwick NY
If you’ve been involved in an accident and have sustained serious injuries, it’s important to know that you don’t have to handle an injury case alone. Our legal team has effectively helped numerous auto accident victims seek and win the compensation they rightfully deserve. To schedule a free consultation with a top auto accident lawyer Bushwick NY residents trust, contact us today by phone or online.