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Sideswipe on Flatbush Avenue: Who's At Fault?

This legal question related to Automobile accident attorneys in New YorkNew York has been answered.


While merging onto Flatbush Avenue in Brooklyn, another driver sped up, causing a collision. How is fault determined in these cases?

I recently had a pretty frustrating experience while driving on Flatbush Avenue. I was trying to merge, following all the rules, when another driver suddenly sped up, causing a sideswipe collision. Neither of us got hurt, but both our vehicles got damaged. Now, we're in disagreement over who's at fault. I've heard that insurance companies have their own criteria to determine fault in merging disputes.

Can someone explain how this works? And, which type of lawyer should I consult for this? I know there are many specialists, but I want someone experienced with these kinds of traffic incidents. Additionally, I'm concerned about the costs. I don't want to end up spending more on legal fees than what I might gain. Lastly, is there a way to compare lawyers in my area to ensure I'm getting the best representation?

Commonly posted questions...

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1 week 4 days ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of New York. If the response is inadequate, please submit a detailed inquiry.

Merging Collisions

Traffic incidents, especially in areas like Brooklyn, can be complicated due to the dense traffic and frequent merging requirements. Flatbush Avenue, in particular, is notorious for such incidents. Determining fault in these scenarios typically involves understanding the traffic laws, assessing the evidence, and considering the testimonies of those involved and any witnesses.

Relevant Legal Provisions

The laws and regulations governing traffic in Brooklyn and the broader New York area are critical in these cases. While I can't provide a comprehensive list here, you might want to refer to the New York State Department of Motor Vehicles for more detailed information on specific provisions related to merging and right-of-way.

Potential Solutions

In situations like yours, gathering evidence is crucial. This can include photographs of the accident scene, testimonies from eyewitnesses, and any available traffic camera footage. You might also consider seeking advice from auto accident specialists who can guide you on the nuances of your case.

Legal Fees: What to Expect

Service Average Price
Initial consultation $150
Evidence gathering and case preparation $500 - $1,200
Representation in insurance negotiations $1,000 - $2,500
Full legal representation in court $5,000 - $12,000

Please note, these figures are average estimates and actual costs may vary based on the specifics of your case and the lawyer's experience.

Further Clarification & Action

It's essential to act promptly to ensure your rights are protected. If you're uncertain about any details of the incident or if there's a disagreement on the fault, consider reaching out to a legal professional soon. Remember, the earlier you find the right lawyer, the better your chances of a favorable outcome.

  1. Were there any witnesses at the scene of the accident?
  2. Did you manage to gather any evidence or photos right after the incident?
  3. Were any traffic cameras positioned nearby that might have captured the incident?

Q1: What role do witnesses play in determining fault?

Witnesses provide an unbiased account of the incident and can often provide crucial details that the involved parties might have missed or forgotten.

Q2: How do insurance companies usually determine fault in merging scenarios?

Insurance companies use a combination of state traffic laws, evidence from the scene, and sometimes even accident reconstruction experts to determine fault.

Q3: What should I do immediately after an accident?

It's important to ensure the safety of everyone involved, report the incident to the police, gather evidence, and notify your insurance company.

Q4: Is it necessary to hire a lawyer for a sideswipe accident?

While not always required, a lawyer can help ensure your rights are protected, especially if there's a dispute regarding who's at fault.

Q5: How long do I have to file a claim after an accident?

The statute of limitations varies, but in many places, it's typically around two to three years for personal injury claims.

Lastly, regarding auto insurance costs after an accident, it's important to note that rates can increase based on the severity of the accident, who's determined to be at fault, and the specific policies of the insurance company. Each insurer will have its methodology for determining rate increases. However, it's always advisable to shop around and compare rates from different companies before making a decision.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Sideswipe on Flatbush Avenue: Who's At Fault?" has been changed 2 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of New York & area of law: Automobile accident attorneys.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

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