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.
Negligence among at-fault partiesMost 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 responsibleIn 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 Dupee & 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.