Car Accidents: How Fault Is Determined

Blame in the Balance: Why Getting It Right Changes Everything in New York

If you’ve just been in a crash, you’re probably weighed down and that’s completely normal. You’re hurting, your car’s a mess, and bills are piling up before you’ve even had time to breathe. But figuring out who’s really at fault isn’t just a legal box to check. It’s the key to protecting your future. That answer can mean the difference between walking away with the financial help you deserve and being stuck paying for someone else’s mistake.

Experienced car accident attorneys understand exactly how chaotic life feels after a crash. Horn Wright, LLP,  help people in the same position. Our team steps in to sort through the confusion, challenge false claims, and build a rock-solid case that helps you regain control.

Fault laws don’t work the same everywhere. New York uses a pure comparative negligence rule, which means you can still recover damages even if you’re partly responsible. But in places like Maine and Vermont, compensation disappears if you’re more than 50% at fault, and in New Hampshire, the cutoff is 51%. Knowing those differences matters, and we’re here to guide you through them.

Scene of the Crash: How Investigators Piece Together the Blame

When police arrive after a crash, they start pulling together the story and those details matter more than most people think. Their report usually includes driver statements, citations, road conditions, and vehicle damage. All of that becomes crucial evidence in proving fault. It’s also required under New York Vehicle and Traffic Law § 605, which says that accidents causing injury or property damage must be reported.

But that’s just the surface. Real fault investigations dig deeper and often include:

• Witness statements that support or challenge each driver’s account.
• Video evidence from traffic or security cameras that captures the crash.
• Reconstruction experts who analyze speed, impact, and trajectory.

Insurance companies comb through this evidence too, but the catch is they’re not looking for the truth, they’re looking for an angle. They’ll argue you braked too late or reacted too slowly.

That’s why knowing how insurers determine fault and understanding how those findings can be challenged, is so important. The right legal strategy can make those same facts work in your favor.

Twisting the Truth: Don’t Fall for the Shared Blame Game

New York’s comparative negligence rule allows you to seek compensation even if you’re partly at fault. But insurance companies know that too and they’ll use it against you. Their go-to move? Trying to pin more blame on you than you actually deserve.

They’ll claim you were speeding. They’ll suggest you were distracted. They might even argue you didn’t maintain your car properly. And while split-second reactions are part of real-world driving, adjusters love twisting them into evidence of fault.

Protecting yourself means examining every detail and spotting the tactics insurers rely on to shrink your payout. Strong, credible evidence can completely change the outcome.

Clues in the Chaos: Evidence Hiding in Plain Sight

Even the smallest detail can reshape your entire case. Tire marks might show you swerved to avoid a collision. A chunk of debris could reveal which driver was speeding.

Photos you take right after the crash can end up being some of the most powerful proof you have. They lock the story in place before cleanup crews, weather, or even other drivers have a chance to change anything. These snapshots can highlight crucial details investigators or insurers might otherwise miss.

The most valuable evidence usually includes:

• Close-up shots of vehicle damage and surroundings
• Documentation of skid marks, signs, or hazards
• Video clips from nearby cameras or businesses

And it’s not just about visuals. Skilled experts can trace how the smallest details, like where a seatbelt rested or how an airbag deployed, link directly to the injuries you suffered. They can break down the physics of the crash and explain, in clear terms, how forces moved through your body in that split second.

Flip the Narrative: When Their Version Doesn’t Match Reality

First impressions often stick even when they’re flat-out wrong. A rushed police report. A witness who’s fuzzy on the details. An adjuster who spins the story their way. Before you know it, everyone thinks they know what happened.

But you’re not locked into their version. You can dispute errors in the report, introduce new video evidence, locate witnesses who were overlooked, or have specialists reevaluate the crash. Imagine this: you’re rear-ended at a red light, and everyone assumes you’re at fault because of the damage. But dashcam footage showing the other driver accelerating recklessly seconds before impact flips the story entirely.

That’s the power of evidence. It’s often the deciding factor that can turn a disputed claim into a successful outcome.

Exposing the Real Story: How Fault Gets Proven in Complex Crashes

Multi-car pileups, chain reactions, and tricky intersections require more than surface-level answers. Timing, driver behavior, and traffic conditions all shape who’s really to blame.

One driver might ignore a light. Another might swerve to avoid debris. Or a series of split-second decisions might trigger an unavoidable chain reaction. Investigators, engineers, and crash reconstruction experts can piece together the full story, and in doing so, they often uncover situations where the cost of damages goes beyond what standard insurance covers. Understanding how to navigate that potential coverage gap early on can make a huge difference in how much compensation you’re ultimately able to recover.

Still Reeling After a Crash? Set the Record Straight Now

If you’re reading this, chances are you’re dealing with more than just car damage. You might be in real pain, stressed about bills, or furious that someone else’s bad decisions put your life out of order. And now, to make matters worse, they’re trying to blame you.

You don’t have to accept that. With experienced car accident attorneys in your corner, you can fight back, correct the record, and make sure your story is heard. Evidence fades, memories change, and insurers move quickly, but acting now can shift the balance back in your favor. Reach out to Horn Wright, LLP, today, and let’s start setting the record straight together.