How Is Fault Determined After a Car Accident in New York?

by Alex

After a car accident in New York, fault can be determined using evidence. There are several types of evidence our lawyers can use to prove that another driver caused your accident. We may reference physical evidence from the accident scene, photos and videos you captured, and witness testimony.

You don’t need to collect evidence on your own. A New York car accident lawyer from our team is prepared to investigate your case to determine fault.

Determining Fault With Car Accident Evidence

If you suffer an injury in a car accident, you may want to file a lawsuit against whoever caused the accident. In doing so, you would first have to be sure of the at-fault party’s identity and how their actions led to your injuries. This requires an investigation.

Multiple parties may investigate a car accident, including:

  • The police
  • Your insurance company
  • The at-fault party’s insurance company
  • Your personal injury lawyer
  • The at-fault party’s lawyer

Each interested party will look for evidence such as the following:

  • Audiovisual footage: Surveillance cameras, traffic cameras, and other video sources could show how the accident happened in real time.
  • Statements from involved parties: Both you and the other driver will likely have to answer questions about the accident.
  • Witness statements: If anyone else was there when the accident happened, we may want to track them down and ask them to explain what they saw.
  • Photographs: Any photos you or a witness took could shed light on the accident’s true cause.
  • The police report: It is the responding officer’s job to document information at the accident scene. Their final report can help the department and other investigators determine fault.

Accident Reconstruction May Help Determine Fault

An accident reconstructionist is an independent party who specializes in determining exactly how a traffic accident happened. Their perspective may be useful if:

  • The events of the accident are unclear, or there is disagreement over what occurred.
  • Eyewitnesses or video footage are unreliable or nonexistent.
  • The accident was very complicated (e.g., it involved multiple vehicles).

Accident reconstruction can be used as evidence to support your case.

You Can File a Lawsuit for Compensation Once the Fault Is Determined

After your legal team proves that another party is at fault for your car accident in New York, you may decide to file a lawsuit. If you sue the at-fault party, you may be able to recover damages such as:

  • Past and future pain and suffering
  • Past and future medical expenses
  • Past and future lost income

However, you have a limited amount of time to file your lawsuit. According to CPLR § 214, you generally have three years to file a lawsuit after an accident. That’s why it’s important to start your case immediately. This will give your legal team time to collect evidence, speak to accident witnesses, and submit your case before time runs out.

Who Could Be at Fault for a New York Car Accident?

Who Could Be at Fault for a Car Accident

Determining fault after a car accident isn’t always a straightforward process. Some cases may involve more than one at-fault party, making things even more complicated.

Depending on the details of your case, the at-fault party may be:

  • A drunk or drowsy driver
  • A distracted driver
  • An auto parts manufacturer
  • The person responsible for your car’s maintenance
  • The government entity responsible for road maintenance

Once we prove who caused your accident, our team can explain your options for seeking compensation.

Don’t Admit Fault or Accuse Another Party of Fault After an Accident

After an accident, you should generally refrain from speaking about what happened until you’ve consulted a lawyer. Even if you believe another party is at fault, you should not point fingers at the accident scene. You should also avoid accepting blame for the crash.

You should answer any questions the police officer asks you when they arrive at the scene. It may also be helpful to collect the names and contact information of witnesses and anyone else involved in the accident. Beyond this, it may be in your best interest to leave the rest to your attorney. Our team can communicate with involved parties for you. This way, your words won’t get taken out of context.

Let Us Determine the Fault After Your Car Accident in New York

For more information on how fault is determined after a car accident in New York, call Shulman & Hill at 866.880.0645 today. We can work diligently to prove what happened.

We offer free consultations and do not charge any upfront fees.

Our History of Success


"The treatment received by Shulman & Hill was extremely excellent. They treated me like I was part of their family and that gave me a lot of confidence in them. I would recommend them one hundred percent because they are very trained in your area. I congratulate you and ask God to fill you with blessings. Gracias for your support."

Ramon E.

"I would like to thank The Shulman & Hill Law Firm in Brooklyn for their outstanding representation on my worker’s compensation case. The monetary reward exceeded our expectations and Alex worked closely with me to meet and exceed my goals."

John S.

"To anyone in need of a worker’s compensation lawyer, I highly recommend Alex Shulman and his team. They went above and beyond to best accommodate me during my time of injury. All my questions and concerns were answered in a timely manner and with the utmost professionalism. In addition and most importantly they fought to make sure I was correctly compensated for my injuries at time of settlement and didn’t rush to get paid. I will be recommending their firm to anyone and everyone in need of their services."

Chaim L.

"I am both satisfied and relieved with the results this extremely professional and reliable firm did. They lead me through the entire process, they never gave me any issues. They handled everything on their own, and always put a great deal of effort to ensure my comfort and best interest. They were always reachable and answered all my questions, and gave me information even when I didn’t know what the right question to ask was.  They turned a grave dilemma into something very manageable and repairable. They are efficient and do not linger with any paperwork, I was truly amazed at the results and the short time it took. I highly recommend them to anyone, and will seek their counsel in the future."

Akila B.

"I really appreciate the service I received with Shulman & Hill.  They walked me through the process and kept me informed every step of the way.  They would call and leave a message and when I called back, I was connected with a person who knew exactly what my call was about.  I was very satisfied with my settlements. Thank You!"

Aaron R.

"Alex Shulman did a wonderful job walking me through all the process of my case…making sure I understood all the legality and severity of all my hearing. I highly recommend their firm to handle any and all worker’s compensation cases. They strive for your wellbeing health-wise as well as aiming for the financial max."

Altagrace G.

"Schulman & Hill was my very first choice I chose for my WC case . I am very pleased with the outcome of my case. I would highly recommend them to friends. They are very professional and kept me informed during every step of this process. Should I ever need a WC attorney again, God forbid, Shulman & Hill it is, hands down . Thank you ."

Cheryl M.

"I had a great experience with Shulman & Hill. They have a great team and were very understanding and helpful from day one. I felt like I was in good hands and the outcome on my case overreached my expectations! I highly recommend this firm. You can be rest assured that they will fight for you rights."

Anna G.

"My experience with the Shulman & Hill lawyers during this process time was excellent, they are competent and very professional lawyers, they worked quickly with my case and they kept me informed of the whole process all the time. Shulman & Hill’s fans recommend them with closed eyes, thank you very much Shulman & Hill."

Carolyn G.

"Shulman & Hill is the best firm out there. They help you understand....since walking into Shulman & Hill, they have guided me...to get a win. I am completely happy with my compensation. What brought me to Shulman & Hill was their expertise in workers compensation and personal injury cases. What I found value in was in their mission to provide compassionate service..."

Jason S.

"I went to the Internet to find a lawyer to assist me to navigate worker’s compensation process. Shulman & Hill was my first choice  and I have no regrets. I was impressed with the prompt response to my case. I must comment on the office environment and office staff being  friendly, professional and prompt. A big thanks to the lawyers that represented me at the hearings and Valeria who helped to lessen my anxiety are dealing with legal issues. I have no hesitation in recommending this law firm to anyone that requires legal services."

Ita L.

"The best law firm in NYC! They explain everything to you and they are very generous and helpful. The lawyers are excellent and very respectful as also is the receptionist. I highly recommend the Shulman & Hill law firm."

Davis C.

"Excellent lawyers. Excellent service. I will recommend them as my first choice. They helped me with my case since day one. They know exactly how to work on a case and win it. They worked fast and were always in communication with me.  I won my case with a very high amount. Thanks to all the staff, I wish them my best. They will always be in my heart."

Grace B.

"Had a very positive experience working with Shulman & Hill in the worker’s compensation case. Everyone is very professional and competent. Received the maximum possible settlement in court. I am sincerely grateful to my lawyers and personally Alex Shulman for the work done. I wish you further success and prosperity."

Dmitry M.

"I am so glad that I chose Alex Shulman to represent me in my worker’s compensation case. I have definitely recommended him to some of my coworkers and friends who needed an Attorney. I am so happy with the service I got from him and his paralegals. Thank you very much to the entire staff at Shulman & Hill for everything!"

Ilya K.

"Shulman & Hill have been tremendously helpful in resolving my case. They are extremely professional and thorough. I would recommend them to anyone working to resolve a difficult case."

James M.

"I was very pleased with the work of this firm. They made sure I understood my case and I was never left out of the loop. They were professional and very friendly. I would recommend them to anyone looking for someone who is going to fight for you to the very end."

Jennifer D.

"Do not waste time looking for better. There is no better than Shulman & Hill. I am very happy I got introduced to them by my good friends. Definitely THE BEST there is."

Arian K.

"Shulman and Hill are the absolute best: JJ, Alex and Christine are powerhouse attorneys who get the best results for their clients. I feel like these guys took care of me like family. When you’re dealing with a worker’s compensation case, you’ll want a pit bull to represent you: Shulman & Hill is the firm you need."

Chelsea W.

"Wonderful service quality by the group of professional advocates in the law firm of Shulman & Hill! I did not expect that I will find a proper solution regarding my worker’s compensation. However, it has been possible by the experts and they have made the task easier over the period. Thanks to them for their help."

Corey A.

"I would definitely like to thank Mr. Alex Shulman and his entire staff at Shulman and Hill for their exceptional work in helping me with my Worker’s Compensation case. Their entire staff was courteous and professional from start to finish and all work was done in a timely fashion. I was previously with a different law firm who were not as informative, and they made me feel like I was a mere money to them. I personally recommend the law offices of Shulman & Hill for any injury/ worker’s compensation case you may have. They strive to get you a maximum reward for your injury, while maintaining the utmost courtesy and professionalism."

Dain J.


Explore Our Locations

Manhattan Office (Headquarters)

One State Street Plaza, 15th Floor, New York, NY 10004 Details

New York State Headquarters

One State Street Plaza, 15th Floor, New York, NY 10004 Details

Brooklyn Office

26 Court Street, #2216, Brooklyn, NY 11242 Details

Queens Office

92-03 Jamaica Ave, Woodhaven, NY 11421 Details

Bronx Office

1200 Waters Place, Suite 306, Bronx, New York 10461 Details

Long Island Office

265 Sunrise Highway, Suite 31, Rockville Centre, NY 11570 Details

New York City Office

One State Street Plaza, 15th Floor, New York, NY 10004 Details

Staten Island Office

New Jersey Office

111 Quimby St, Suite 9, Westfield, NJ 07090 Details

Long Island City Office

265 Sunrise Highway, Suite 31, Rockville Centre, NY 11570 Details

Free Case Consultation

Get your free, immediate case evaluation

By submitting you agree to our Terms & Privacy Policy.