How a New York Car Accident Lawyer Helps Determine Fault After a Crash and Injury
After a car accident in New York, determining who was at fault can significantly impact your personal injury claim and the compensation you may recover. With significant changes to New York’s automobile accident laws taking effect in 2026, establishing liability is more important than ever. At Pulvers, Pulvers & Thompson, our New York car accident lawyers help injured drivers, passengers, pedestrians, and families understand their legal rights after a serious motor vehicle accident. We investigate how the crash happened, gather evidence, evaluate the parties’ responsibility, and fight to protect our clients when dealing with insurance companies.
If you were injured or hurt in an automobile accident in New York City, speaking with an experienced New York car accident attorney can help you understand how fault may affect your case.
How Does a Car Accident Lawyer Determine Fault in New York?
Determining fault after a car crash requires more than simply accepting what another driver or insurance company says happened. A car accident lawyer in New York may investigate multiple sources of evidence to determine how the collision occurred and who may be legally responsible.
Depending on the accident, evidence may include:
- Police accident reports
- Photos and videos from the accident scene
- Dashcam or surveillance footage
- Eyewitness statements
- Vehicle damage
- Medical records
- Cell phone or electronic records when relevant
- Traffic signals and roadway conditions
- Expert testimony and accident reconstruction
- Statements from the drivers involved
Our attorneys use available evidence to build a detailed picture of the accident and challenge allegations that unfairly place responsibility on our client.
New York’s 2026 Comparative Negligence Changes
New York made important changes to its automobile personal injury laws in 2026.
Historically, New York followed a pure comparative negligence approach that generally allowed an injured person to recover damages even when that person shared substantial responsibility for an accident, although the recovery could be reduced according to the person’s percentage of fault.
New legislation enacted as part of New York’s FY 2027 budget changed the rules for certain personal injury claims arising from motor vehicle accidents.
For actions and proceedings commenced on or after May 26, 2026, CPLR ยง 1411(b) provides that a claimant’s culpable conduct can bar recovery when it is greater than the culpable conduct of the person against whom recovery is sought or greater than the combined culpable conduct of the persons against whom recovery is sought.
Because the percentage and allocation of fault can now have even greater consequences in a New York automobile accident case, having an attorney investigate liability can be critical.
Why Fault Matters in a New York Car Accident Claim
Imagine that an insurance company claims you were primarily responsible for a crash. That determination can significantly affect your ability to recover compensation. But an insurance company’s assessment of fault is not necessarily the final word.
Insurance carriers have financial interests in the claims they evaluate. A New York auto accident lawyer can independently investigate the collision, present evidence supporting your position, negotiate with insurers, and, when appropriate, pursue your case in court.
At Pulvers, Pulvers & Thompson, we work to establish how an accident actually occurred rather than simply accepting an insurer’s version of events.
What If the Insurance Company Blames Me for the Accident?
Being blamed for a car accident does not necessarily mean that the insurance company’s assessment is correct. Our attorneys can examine the evidence to determine whether another driver contributed to the collision through conduct such as:
- Speeding
- Following too closely
- Running a red light or stop sign
- Making an unsafe lane change
- Failing to yield
- Distracted driving
- Improper turning
- Driving while impaired
- Other negligent driving behavior
When the evidence supports it, your lawyer can challenge an insurer’s allocation of fault and advocate for a determination that accurately reflects what happened.
New York No-Fault Benefits After a Car Accident
New York is a no-fault automobile insurance state. Personal Injury Protection, commonly called PIP or no-fault insurance, may provide benefits for certain economic losses following an automobile accident regardless of who caused the crash. Depending on the circumstances and applicable coverage, no-fault benefits may help pay qualifying expenses associated with an accident.
However, no-fault benefits and a personal injury lawsuit are not the same thing. Claims seeking compensation for non-economic losses, including pain and suffering, are subject to additional legal requirements.
Deadlines can also apply after an accident, making it important to speak with a lawyer promptly.
What Is the Serious Injury Threshold in New York?
To pursue certain non-economic damages after a New York motor vehicle accident, an injured person generally must establish a “serious injury” as defined under New York Insurance Law.
New York’s 2026 reforms also changed the statutory serious-injury definition, making careful evaluation of medical evidence particularly important in newly filed cases.
Qualifying injuries can include categories such as:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
Whether an injury satisfies New York’s serious injury threshold depends on the specific medical evidence and circumstances of the case.
A New York personal injury lawyer can review your medical records and other evidence to determine which legal standards may apply.
What Compensation Can a New York Car Accident Victim Recover?
The damages available after an automobile accident depend on the facts of the case, insurance coverage, applicable law, the nature of the injuries, and the allocation of fault.
When legally available, compensation may include damages associated with:
- Medical expenses
- Lost income
- Certain accident-related economic losses
- Pain and suffering
- Emotional harm
- Loss of enjoyment of life
- Disfigurement
- Permanent injuries and limitations
- Future damages resulting from serious injuries
There is no universal dollar amount for a New York car accident claim. Every case should be evaluated individually.
How a New York Car Accident Attorney Can Help Protect Your Claim
After a serious collision, you may be dealing with medical treatment, missed work, vehicle damage, insurance adjusters, and questions about what to do next.
An experienced automobile accident lawyer can handle the legal side of the case while protecting your interests.
At Pulvers, Pulvers & Thompson, our attorneys can:
- Investigate the cause of your accident
- Identify potentially responsible parties
- Gather and preserve important evidence
- Review police and accident reports
- Evaluate allegations of comparative fault
- Communicate and negotiate with insurance companies
- Assess your injuries and potential damages
- Work with experts when necessary
- Negotiate toward a settlement
- Prepare a case for litigation when appropriate
Our objective is to build the strongest case supported by the evidence and pursue the compensation available under New York law.
Frequently Asked Questions About Fault in New York Car Accidents
Who determines who is at fault in a New York car accident?
Insurance companies may make their own liability determinations when evaluating claims. When fault is disputed in litigation, responsibility may ultimately be determined through the legal process based on the evidence presented.
Can I still have a case if I was partially responsible for the accident?
Potentially. The answer depends on the facts of the accident, the parties involved, when the action was commenced, and the laws applicable to the claim. New York’s 2026 changes make the allocation of fault particularly important in motor vehicle personal injury cases.
What evidence can prove another driver was at fault?
Police reports, photographs, videos, witness statements, vehicle damage, electronic evidence, medical documentation, and accident reconstruction evidence may all help establish liability.
Should I speak with the other driver’s insurance company?
Statements made after an accident can potentially affect a claim. Before providing detailed statements or accepting a settlement, consider speaking with a New York car accident attorney about your rights and options.
How soon should I contact a lawyer after a car accident?
It is generally beneficial to speak with an attorney as soon as reasonably possible. Evidence can disappear, witnesses can become difficult to locate, and insurance and legal deadlines may apply.
Speak With a New York Car Accident Lawyer at Pulvers, Pulvers & Thompson
If you were injured or hurt in a car, truck, taxi, rideshare, motorcycle, bicycle, or pedestrian accident, determining fault may be one of the most important parts of your personal injury claim.
The attorneys at Pulvers, Pulvers & Thompson can investigate the accident, evaluate liability, deal with insurance companies, and explain how New York’s automobile accident laws may affect your ability to seek compensation.
Contact Pulvers, Pulvers & Thompson to schedule a consultation with an experienced New York car accident lawyer and learn more about your legal options after a crash.
This article is provided for general informational purposes and does not constitute legal advice. The outcome of any legal matter depends on its specific facts and circumstances.