Proving Who Is at Fault in a New York Personal Injury Case
Determining who is at fault in a personal injury accident, and thus who is responsible for the victim’s injuries, is an essential question at the heart of any personal injury lawsuit, and one that a skilled attorney will have the experience in regarding fact investigation, utilization of expert testimony, and accident recreation to prove fault in court. If you’ve been hurt in an accident, speak with the attorneys at Dupée & Monroe as soon as possible to assist you in recovering the money you’re owed by the at-fault party in an accident.
Negligence among at-fault parties
Most personal injury accidents are caused when an individual or corporation behaves negligently and that negligent behavior results in one person, or a group of people, getting hurt. Courts will find that someone involved in an accident has acted negligently when:
- The person had a duty to you to act in a particular way (such as to drive safely, or to keep the premises of a public business free from hazards)
- The person failed to uphold that duty (such as by failing to look before merging lanes, or by failing to regularly inspect a property for liquid spills)
- The failure to act according to that duty caused the accident (such as by crashing into your car in the neighboring lane, or you slipping in a puddle on the floor of a business)
- You were injured in that accident.
Multiple parties may be responsible
In a personal injury lawsuit, there is often more than one party responsible for an accident. For example, if your car is hit in a rear-end crash, the inattentive driver who hit you may be partially at fault. However, if there was a mechanical problem in the at-fault driver’s car that contributed to the crash, such as brake pads that were not properly installed, then the mechanic’s shop may also be at fault in causing the accident. If the driver was driving for work at the time of the accident, then the driver’s employer may also be at fault for negligently hiring or training their employee. At Dupée & Monroe, we’re experienced personal injury litigators who understand how to investigate every possible avenue for recovery, so that you’re made whole after an accident.
If you have been injured in an accident in New York, give yourself the best chances of being fully compensated for your medical expenses, lost wages, and pain and suffering. Contact the knowledgeable, compassionate, and trial-ready Hudson Valley law firm of Dupée & Monroe for a free consultation on your personal injury case, at 845-294-8900.