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Who Is at Fault in a Multiple-Car Accident
If you’ve recently been in a multi car accident in New York, and you think recovering from the ramifications of it will be simple, you may be surprised if it gets very complicated. Your legal rights deserve protection and an experienced personal injury lawyer can help ensure it.
What to Do Immediately After a Multi-Vehicle Accident
After a multi car accident, you should prioritize safety by moving to a secure location if possible and calling emergency services. Check for injuries and call law enforcement to file an accident report. Exchange contact and insurance information with all drivers, and take photos of the vehicles, damage, road conditions, and injuries. Seek medical attention promptly, even if injuries are not immediately apparent, and notify your insurance company. Consult a personal injury attorney to protect your rights.
How Does Insurance Work in a Multi-Car Accident?
Multi-vehicle collision insurance claims can be complex. Determining fault is critical to deciding which policies will cover damages. New York’s pure comparative negligence system allows injured parties in multi-car accidents to receive compensation even if they are partly at fault for an accident. However, in a multi vehicle car accident, fault can sometimes be shared among multiple drivers, invoking comparative negligence rules.
Each driver's insurance company will investigate the accident to determine who is at fault. The insurance company of the at-fault driver(s) is responsible for compensating injured parties and covering property damage.
If there is disagreement about fault, resolving the claim could take longer. To protect yourself, gather evidence at the scene and consult with a personal injury attorney, especially if you were injured or there is serious damage.
In New York, which is a no-fault insurance state, your own insurance will cover medical expenses regardless of fault, up to the limits of your policy. For property damage, fault determination still applies.
How to Gather Evidence at a Multi-Car Accident Scene
Collecting evidence at the scene of a multiple vehicle crash can help protect your rights and strengthen your case. Ensure your safety by moving to a safe location and calling emergency services. Photograph the vehicles involved, including their positions, damage, license plates, and any debris or skid marks on the road. Photograph road signs, traffic signals, weather conditions, and anything that may have contributed to the accident.
Collect witness's names and contact information, because their statements might be valuable later. Avoid discussing fault with other drivers. Note the time, location, and sequence of events. Request a copy of the police report, which may include key details about the accident. Thorough documentation can help determine fault.
Common Causes of Chain-Reaction Accidents in New York
Distracted driving, low visibility, excessive traffic, road construction, and extreme weather conditions like snowstorms or heavy fog, are issues that may contribute to chain-reaction incidents in New York. Multi-vehicle accidents can be triggered by aggressive driving including speeding and tailgating, drunk driving, or when someone is under the influence of narcotics. Chain-reaction accidents can also be caused by mechanical issues, such as brake problems or faulty tires, and road hazards, like potholes or objects on the road.
Filing an Injury Claim After a Multi-Car Accident
A personal injury lawyer is highly recommended to file a claim for a multiple vehicle accident in New York because these cases can be complex. Attorneys have a clear understanding of how shared responsibility impacts compensation when it comes to New York's comparative negligence laws. A personal injury lawyer can investigate the accident, gather evidence, and identify all liable parties to ensure you receive the maximum compensation possible.
An experienced lawyer can handle negotiations with multiple insurance companies and represent you at trial. If your injuries meet New York’s serious injury threshold, a lawyer can also help you pursue a lawsuit for additional damages like pain and suffering. If you hire a skilled attorney, you can focus on your recovery while they manage your case, maximizing your chances of a better outcome.
Legal Rights After a Multi-Vehicle Collision in New York
After a multi-vehicle collision in New York, you have the right to file a claim with your insurance under the state’s no-fault system, which covers medical expenses, lost wages, and other reasonable costs, regardless of who caused the accident. If your injuries meet New York’s serious injury threshold, you can file a lawsuit against the at-fault driver for additional compensation, including pain and suffering. Seek legal representation to help you with complex liability issues and protect your rights.
How to Prove Fault in a Multi-Car Accident
Proving fault in a multi-car accident involves gathering evidence to reconstruct the event. This can help identify speeding or distracted driving. In complex cases, accident reconstruction experts may be used to analyze the evidence and determine fault. In New York, fault can be shared among multiple drivers which impacts compensation. Consulting a personal injury attorney ensures the evidence is organized, your rights are protected, and you have the likelihood of receiving fair compensation.
Negotiating With Insurance After a Chain-Reaction Accident
A chain reaction accident involves multiple drivers as well as multiple insurers and can get complicated because distance, speed, and reaction time are involved. This can lead to disputes over fault and liability. An experienced attorney can ensure fault is apportioned accurately. Insurance companies may attempt to minimize payouts or shift blame to reduce their liability. A personal injury attorney can handle these negotiations on your behalf, protect your rights, and pursue fair compensation for medical bills, lost wages, property damage, and pain and suffering. If liability is unclear or the insurance company offers an inadequate settlement, an attorney can litigate your case at trial, if needed. If you hire a skilled personal injury lawyer to negotiate, they will work to get you maximum compensation for your injuries, while you concentrate on your recovery.
Handling Medical Expenses After a Car Accident
In New York, medical expenses after a multiple vehicle collision are covered by your insurance under the state’s no-fault insurance system, regardless of who caused the accident. This coverage, provided through Personal Injury Protection (PIP), pays for medical bills, rehabilitation costs, and other accident-related expenses up to $50,000 per person.
If your medical expenses exceed your PIP coverage limit, or if your injuries meet New York’s serious injury threshold (such as fractures or significant disfigurement), your attorney can pursue a claim against the at-fault driver for additional compensation.
Statute of Limitations for New York Car Accidents
Personal Injury: File within three years from the accident date.
Property Damage: File within three years from the accident date.
Wrongful Death: File within two years from the date of death.
If you’ve been in a multi-car accident in New York, act promptly to meet filing deadlines and preserve your case.
You don’t have to face the many complications after a multi vehicle accident alone. Our lawyers at Curan & Ahlers are seasoned negotiators for these types of cases and are familiar with insurance company tactics to lower your compensation. We offer a free case evaluation for you where our personal injury attorneys can review your case. Call us today to set up an appointment.
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