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West Side Highway Collision: Whose Fault is It?

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


Had an accident on West Side Highway because both cars were in each other's blind spot. What's the legal stance on this?

I was driving down the West Side Highway, minding my own business, when another car that was in my blind spot tried to pass me. Before I knew it, there was a collision. I'm super confused about the situation because neither of us saw each other. I've always heard about these blind spot accidents but never thought I'd be in one. Now I'm trying to figure out how fault is determined in these situations.

I don't want my insurance to skyrocket because of this. I've been looking to hire a lawyer, specifically someone who specializes in auto accidents. What kind of lawyer should I be looking for? Are there certain qualifications or areas of expertise I should be looking for? And I've heard legal fees can be super expensive. So, how do I find a quality lawyer that won't break the bank? Are there any specific websites or resources where I can compare lawyers in my area?

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.

Legal Context and Implications

Understanding fault in a collision, especially in a scenario where both drivers failed to see each other, can be complex. In many states, a concept called "comparative negligence" might be applied. This means that both parties can be found partially at fault, and any compensation will be adjusted accordingly.

Relevant Legal Resources:

Potential Solutions:

  1. Obtain a police report from the accident. It can provide an unbiased view of the events and may give an indication of fault.
  2. Document everything. Photographs of the scene, testimonies from witnesses, and any other relevant information.
  3. Consult with an auto accident attorney who can guide you on the legal implications and potential outcomes.
  4. You can find the right lawyer specializing in such issues to ensure proper representation.

Average Legal Fees in New York:

Service Cost
Initial Consultation $100 - $500
Hourly Rates for Auto Accident Cases $200 - $600
Contingency Fees 25% - 40% of settlement amount

Note: Many auto accident attorneys work on a contingency fee basis, meaning you pay only if you win.

Next Steps:

While the information provided gives a general overview, it's crucial to get more specifics about your situation.

Are there any other details about the incident that might be relevant? Every piece of information can play a pivotal role in determining fault and potential compensation.

Questions to Consider:

  • Were there any witnesses at the scene?

    • Eyewitness accounts can significantly influence how fault is determined.
  • Did any of the cars have dash cameras installed?

    • Video evidence can provide an unbiased perspective of the incident.
  • Were there any traffic cameras near the collision site?

    • This could be instrumental in recreating the event and determining fault.

Q1: How does comparative negligence work in New York?

In New York, if you're found to be partially at fault, your compensation will be reduced by that percentage. For example, if you're 30% at fault and your damages amount to $10,000, you would receive $7,000.

Q2: What if the other driver doesn't have insurance?

If the other driver is uninsured, your own uninsured motorist coverage, if you have it, might cover the damages. It's crucial to consult with an attorney in such situations.

Q3: How long do I have to file a claim after an accident in New York?

Typically, you have three years from the date of the accident to file a personal injury lawsuit. However, it's essential to start the process early to gather all necessary evidence.

Q4: Can I still get compensation if I'm partially at fault?

Yes, as mentioned, New York operates under comparative negligence. Even if you're partially at fault, you can still receive compensation, reduced by your percentage of fault.

Q5: What should I do immediately after the accident?

Ensure safety, call the police, seek medical attention if needed, document the scene, and inform your insurance company. It's also advisable to consult with a lawyer before making any statements or agreements.

Auto Insurance Implications:

After a collision, your insurance rates can be affected. Here's a brief comparison of potential rate increases across major U.S auto insurance providers:

Insurance Company Rate Before Accident Rate After Accident Percentage Increase
Geico $1,200 $1,560 30%
State Farm $1,400 $1,890 35%
Allstate $1,300 $1,690 30%
Progressive $1,250 $1,625 30%

Note: These are general estimates. Actual rates can vary based on multiple factors such as driving history, age, and location. Companies like Allstate and State Farm tend to have higher rate increases after an accident. It's essential to shop around and compare insurance rates after such incidents.


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 "West Side Highway Collision: Whose Fault is It?" 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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