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Fault in an Auto Accident

Fault in an Auto Accident

Wednesday, October 24th, 2012

When you are involved in an auto accident, you need an experienced attorney to determine who is at fault. After being involved in an accident, you should not discuss fault with the other driver, the driver’s insurance company or anyone else other than your attorney.

The person at fault in an accident is the driver whose carelessness caused the incident. Some states, including New York, consider each driver’s involvement in the accident. This theory is called comparative negligence, and it recognizes that both drivers can be responsible for some portion of the fault.

Under comparative negligence, compensation is awarded based on each party’s percentage of responsibility. So, if you were partly at fault in the accident, you can still recover compensation, but the amount may be reduced.

Choosing an attorney with experience is important, because your attorney must be able to investigate the accident and determine who caused it. If the other driver was negligent in his or her driving duties – speeding or driving drunk, for example – those actions may have led to the accident. Your attorney must be able to prove with police reports, witness statements and other evidence that the other driver’s carelessness caused the accident.

To learn more about our accident attorney serving Queens, New York, please contact Charles N. Rock, PLLC, to schedule a free consultation.
Category: Car Accidents
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