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Determining fault in an automobile accident is probably more complicated than you think. In these cases, we don’t just look at whose car hit the other. There are two categories of fault: negligence or recklessness. Negligence occurs when someone drives carelessly and it results in damage or harm. On the other hand, recklessness indicates that a driver willingly does something that will most likely cause harm.
Laws tend to vary by state. At Levine and Wiss, we are very familiar with New York State laws that determine fault in automobile accidents. We can interpret these laws and apply them to your particular case. In New York, Pure Comparative Fault allows people to receive compensation for damages. However, if they are at fault for the accident, they will receive partial compensation.
The type of collision can also play a part in determining fault. In rear-end collisions, the person who hits the car in front of them is at fault. Drivers should leave enough room in front of them so they can stop safely.
Levine and Wiss attorneys can help you receive the compensation you need if you have been injured in a car crash. Our car accident attorneys have previous experience working with insurance companies, giving us an invaluable insight into creating the necessary strategies to overcome such companies seeking to minimize your compensation. If you or a loved one have suffered an injury due to a car accident, contact us today.