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Common Accidents and How to Prove Them

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

common accidents and how to prove them

New York’s busy streets and highways see countless car accidents every year. With over 300,000 reported crashes annually statewide, knowing what causes these incidents—and how to prove who’s at fault—can determine whether you receive fair compensation or walk away with nothing. You can find more information about traffic safety from the Governors Highway Safety Association.

Proving fault in New York presents real challenges. Recent court decisions, like the Fourth Department’s ruling in Baker v. State this past May, show us that even cases that seem clear-cut can hit unexpected roadblocks. The court upheld dismissal of a lawsuit filed by Kenneth Baker, who claimed the state was negligent for failing to install a guiderail on state Route 5 in Little Falls, Herkimer County, where his son Bo died in a fatal car accident. The court ruled that the state was entitled to qualified immunity, emphasizing that highway planning, design, and maintenance are proprietary functions. This decision shows just how complicated these cases can get. Understanding legal precedents is crucial, and resources like Justia can be invaluable.

The Leading Causes: What Actually Triggers Accidents

Driver Behavior Dominates

Human error causes most accidents. Distracted driving leads the pack, and texting barely scratches the surface anymore. Courts have seen cases involving everything from applying makeup to reaching for coffee that resulted in serious crashes.

Speeding comes in second. New York’s aggressive driving culture makes matters worse. Impatience mixed with heavy traffic creates a recipe for disaster.

Impaired driving presents another major factor. DUI and DWI cases might look straightforward, but proving impairment at the moment of impact takes more than a failed breathalyzer test. The National Highway Traffic Safety Administration (NHTSA) provides detailed data on alcohol-impaired driving.

Weather and Road Conditions

Weather-related accidents surge during New York’s brutal winters. Black ice, sudden snow squalls, and poor visibility create hazardous conditions. But weather being present doesn’t automatically clear drivers of responsibility.

Construction zones create additional problems. Ongoing infrastructure projects throughout the state generate frequent accidents due to confusing signage, abrupt lane changes, and bewildered drivers.

Vehicle Failures: Rare but Complicated

Mechanical failures cause fewer accidents, but they create the most complex legal battles. Brake failures, tire blowouts, and defective parts can shift liability from the driver to manufacturers or maintenance companies.

New York’s No-Fault System: Benefits and Limitations

New York operates under an interesting system. Our no-fault insurance covers medical expenses and lost wages initially, regardless of who caused the accident. This sounds straightforward enough.

The reality proves more complicated. To step outside this system and pursue the at-fault driver, you must meet the “serious injury” threshold. This includes significant disfigurement, bone fractures, permanent limitation of body function, or medical expenses exceeding basic economic loss.

Recent cases like Mongeau v. SR Taxi Corp. show the potential for substantial damages. The appellate court (1st Dept.) affirmed a judgment of $990,000 for loss of earnings over 18 years, demonstrating the importance of economic damages in personal injury cases and what’s possible when you can prove serious injury.

How Courts Determine Fault

New York follows pure comparative negligence. This means you can still recover damages even if you’re partially at fault—they’re just reduced by your percentage of responsibility.

If you’re found 20% at fault for an accident and awarded $100,000, you’d receive $80,000. This system makes evidence collection critical to your case’s success.

Evidence That Actually Matters

Police reports provide the foundation, but they don’t have the final say. Officers often arrive after the fact and must rely on statements from shaken drivers and witnesses.

Traffic cameras and surveillance footage have revolutionized these cases. Cell phone records can prove distracted driving. Electronic data from vehicles reveals speed and braking patterns at the moment of impact.

Medical records establish injury severity, but timing is everything. Delayed medical treatment can hurt your case badly. Insurance companies will argue injuries weren’t serious or existed before the accident.

What You Should Do After an Accident

Safety comes first. Make sure everyone’s okay and call 911. Even minor accidents should get reported to police.

Document everything you can. Take photos of vehicle damage, road conditions, traffic signals, and any visible injuries. Get contact information from witnesses—their accounts often prove more valuable than what the drivers say.

Many people make critical mistakes when talking to insurance companies. They either say too much or too little. Stick to the facts. Don’t admit fault or guess about what happened.

Get medical attention quickly, even if you feel fine. Adrenaline hides pain, and some injuries don’t show up right away.

Defense Strategies and Legal Obstacles

Insurance companies fight claims aggressively. They’ll dispute causation, argue your injuries existed before the accident, or claim you’re exaggerating symptoms.

A recent truck accident case from April shows how courts handle these disputes. The court denied the plaintiff’s motion for summary judgment due to factual disputes and found that reliance on res ipsa loquitur was premature, as conclusive proof of negligence was not established. Additionally, the court declined to strike comparative negligence defenses at this stage, emphasizing the need for further factual development. This emphasizes that liability must be proven through solid evidence.

Experienced legal representation becomes crucial here. At The Law Office of Jason Tenenbaum, P.C., we’ve encountered every defense strategy imaginable. Our approach involves thorough investigation, working with accident reconstruction experts, and building cases that can withstand intense scrutiny.

Each case brings different challenges. Whether it’s challenging the state’s qualified immunity in road design cases or proving economic damages in complex injury claims, we understand that auto accident claims in New York involve various types of losses and require meticulous legal representation. We have the experience to handle New York’s legal system effectively.

The Reality of Car Accident Cases

Car accidents in New York involve complicated legal considerations that go well beyond determining who hit whom. From understanding the no-fault system’s limitations to gathering evidence that proves fault under comparative negligence rules, these cases demand strategic thinking and careful preparation.

Recent court decisions show us that even cases that appear straightforward can face unexpected challenges. Understanding qualified immunity, calculating economic damages accurately, and navigating factual disputes in litigation all require thorough knowledge and strategic approach. Success depends on building a strong evidence foundation while understanding how New York’s legal framework affects your specific situation.

Don’t try to handle this complex system alone if you’ve been injured in a car accident. The Law Office of Jason Tenenbaum, P.C. offers free consultations to discuss your case and explain how we can help prove fault and secure the compensation you deserve.

Contact us today to protect your rights and give your case the attention it deserves

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