Filing a personal injury lawsuit after being injured in a car accident might be something you never thought you would do. But after suffering injuries in a car accident and dealing with the financial problems that come along with it, you may find that you need compensation for your losses.
Personal injury claims are based on negligence, which means proving the other driver failed in their legal duty to drive safely and that failure caused you damages.
However, most car accidents happen fast and the aftermath is chaotic. The other driver might claim that you were the negligent one.
New York’s negligence law
New York uses a pure comparative negligence standard when determining fault in car accident cases. This means that your compensation could be reduced based on your own percentage of fault.
Therefore, you want to have the strongest possible evidence proving the other driver’s negligence. This increases your chance of recovering the highest amount of compensation.
There are many forms of evidence that can be essential to show who is responsible for the accident. These include the police report, photos or videos of the accident scene and eyewitness testimony.
Police report
The police report often contains crucial information, such as detailed descriptions of the damage done to the vehicles and any citations that drivers received.
Small details in the police report, such as the weather conditions at the time of the accident, can also be helpful. For example, the other driver may claim that the rain caused poor visibility, but the police report could show it was sunny at the time.
Photos and video footage
In addition to photos you take at the accident scene, security footage from locations near the accident or dashboard cameras can be vital to establishing negligence. Talk to property owners around the area to see if they have any video evidence of the accident.
Locate witnesses who could verify your claim the other driver was negligent. These could include passengers, other drivers or other pedestrians who were at or around the accident scene.
Having strong evidence can make a huge difference in the outcome of your personal injury case after a car accident. It is worth taking the time to gather it.
