If you are involved in a Long Island truck accident and intend to file a claim for damages, you should be aware of New York’s “pure comparative fault” rule. The law of comparative fault determines the percentage of negligence (fault) each driver has in accidents causing physical injuries.
Comparative Fault and Insurance Companies
Auto insurance companies dealing with Long Island truck accidents must abide by New York comparative fault rules to determine how much compensation they pay on behalf of an at-fault driver. For example, if you are found 25-percent responsible for causing the accident and the other driver is assigned 75-percent responsibility, you are likely to receive 75 percent of the compensation awarded for your damages.
How is Fault Determined in a Long Island Truck Accident?
Certain accidents make it easy for law enforcement to decide who is at fault. Rear-end accidents are usually the fault of the person driving into the back of your car, unless there was a sudden stop or some other exigent circumstance. Drivers failing to stop for stop signs will almost always be cited for causing an accident.
When police aren’t sure who to issue a citation to, they may interview witnesses to the accident (if any) or question passengers in all vehicles involved in the accident. When drunk/drugged driving is suspected, fault may not be determined until the suspected driver undergoes a blood alcohol test.
Unfortunately, it is routine for auto insurance companies of at-fault drivers to contest fault attribution to their clients. The goal of insurance companies is to pay as little as possible to injured drivers. Delay tactics used by insurance companies are complex and stressful, involving machinations that many people do not understand.
If you or a loved one has been injured in a Long Island truck accident, call William Mattar today to schedule a free, consultation appointment with a truck accident lawyer experienced in dealing with insurance companies and obtaining adequate compensation to pay for your damages.