Determining Who Is at Fault
Auto accident attorneys serving clients throughout New York City including Nassau, Suffolk, Rockland and Westchester Counties
If you suffer injury in a car accident caused by the negligent or reckless behavior of another, you need to consult a skilled personal injury attorney who focuses on automobile accident cases. With decades of successful practice, Rubin & Licatesi, P.C. is a local firm providing aggressive representation for those injured in auto accidents and by other types of personal injury.
Attorneys who deal every day with the anguish, frustration, and physical pain of clients suffering injury from auto accidents understand the need for proper investigation, valuation, and compensation.
A large part of pursuing fair compensation for personal injury and property damage is proving who is to blame for a car accident. Consider the following points about fault for personal injury in New York State:
New York State follows a rule of pure comparative negligence. Pure comparative negligence means that a determination of fault is found by the court. If the plaintiff is found to be 60 percent at fault for his or her own injury, any award of damages will be reduced by the percentage that reflects his or her part in the accident.
Finding negligence for an auto accident requires an attorney to apply tort law in finding fault. Tort law allows an injured party to recover from a party found liable for his or her injuries. Elements of negligence that must be proved include the following:
- Duty. A duty of care was owed by one party to another.
- Breach. A breach of that duty occurred.
- Cause. Because of the breach, an accident or injury resulted.
- Damage. The accident caused injury or damage to another party.
Understanding and proving negligence in an automobile accident is an important aspect of achieving fair compensation. If you are injured, an auto accident attorney from Rubin & Licatesi, P.C. can help.
Contact the Long Island team at Rubin & Licatesi, P.C. today
With over 30 years of experience pursuing insurance and legal claims for individuals injured in auto accidents, the lawyers at Rubin & Licatesi, P.C. serve clients in Queens, Long Island, Westchester and Rockland Counties, and throughout New York City. At the negotiating table or in the courtroom, our seasoned accident attorneys provide aggressive legal representation and outstanding client service. Contact us online or call 516-227-2662, to schedule a free initial consultation.