Intersections are some of the most common locations for car accidents, accounting for a significant percentage of traffic collisions in New York. Determining liability in intersection accidents can be complex, as multiple factors come into play, including driver behavior, traffic signals, and road conditions. If you’ve been injured in an intersection accident in New York, understanding the nuances of liability is crucial to securing the compensation you deserve.
This blog will delve into the key aspects of car accident liability at intersections, focusing on New York-specific laws and considerations. We’ll also discuss how the experienced attorneys at Leitner Varughese Warywoda can help you navigate these challenging cases.
Why Are Intersections So Dangerous?
Intersections are inherently risky because they bring together multiple road users—drivers, pedestrians, and cyclists—who may have conflicting goals and varying levels of attentiveness. Common causes of intersection accidents include:
• Failure to Yield: Many accidents occur when a driver does not yield the right-of-way at a stop sign, traffic light, or yield sign.
• Red-Light Running: Drivers who run red lights put themselves and others at risk of high-speed collisions.
• Left-Turn Accidents: Making left turns across oncoming traffic can lead to severe crashes, especially if visibility is poor or drivers misjudge distances.
• Distracted Driving: Using a phone, eating, or engaging in other distractions can result in drivers missing critical cues at intersections.
• Speeding: Excessive speed reduces reaction time and increases the severity of crashes.
Understanding Liability in Intersection Accidents
Liability in intersection accidents often hinges on determining which party acted negligently. In New York, the legal concept of negligence requires showing that one driver breached their duty of care, directly causing the accident and resulting injuries.
Key Factors in Determining Liability
1. Right-of-Way Violations
• New York Vehicle and Traffic Law (VTL) Section 1141 requires drivers turning left to yield to oncoming traffic.
• VTL Section 1142 mandates that drivers at stop signs must yield to crossing traffic that has the right-of-way.
• Failing to adhere to these laws is a common cause of liability in intersection accidents.
2. Traffic Signal Compliance
• Traffic cameras and eyewitness testimony can establish whether a driver ran a red light or ignored a stop sign.
• Violations of VTL Section 1111, which governs traffic signals, can strongly indicate fault.
3. Negligence Per Se
• When a driver violates a traffic law, they may be found negligent per se. This means their violation is considered inherently negligent, simplifying the process of proving liability.
4. Comparative Negligence
• New York follows a pure comparative negligence rule (N.Y. CPLR § 1411), which means you can recover compensation even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault.
5. Evidence from the Scene
• Dashcam footage, skid marks, vehicle damage, and witness statements are critical in reconstructing how the accident occurred and determining fault.
Common Types of Intersection Accidents and Liability
1. Rear-End Collisions
Rear-end collisions often occur at intersections when one driver stops suddenly, and the following driver fails to react in time. In most cases, the trailing driver is presumed to be at fault, as they are expected to maintain a safe following distance under VTL Section 1129(a).
2. T-Bone (Side-Impact) Accidents
These occur when one vehicle strikes the side of another, often due to running a red light or failing to yield at a stop sign. Liability usually falls on the driver who failed to follow traffic control signals or yield the right-of-way.
3. Left-Turn Collisions
Drivers making left turns are almost always required to yield to oncoming traffic. However, the turning driver may not be fully at fault if the oncoming driver was speeding or ran a red light.
4. Pedestrian and Cyclist Accidents
Pedestrians and cyclists have the right-of-way at marked crosswalks and unmarked intersections under VTL Section 1151. Drivers who fail to yield to them are typically liable for any resulting injuries.
Proving Fault in New York Intersection Accidents
Successfully proving liability requires strong evidence. Here are some of the most effective ways to establish fault:
1. Police Reports
• Police reports often include a detailed account of the accident, witness statements, and citations issued for traffic violations.
2. Eyewitness Testimony
• Independent witnesses can corroborate your version of events and clarify who had the right-of-way.
3. Traffic Camera Footage
• Many New York intersections are equipped with traffic cameras that can capture violations such as running red lights or stop signs.
4. Accident Reconstruction Experts
• In complex cases, accident reconstruction experts can analyze evidence to determine how the collision occurred.
5. Medical Records
• Your injuries and their correlation with the crash can also serve as evidence of how the accident unfolded.
What Compensation Can You Recover After an Intersection Accident in New York?
Victims of intersection accidents in New York may be entitled to compensation for:
• Medical Expenses: Includes hospital bills, surgeries, rehabilitation, and future medical costs.
• Lost Wages: Reimbursement for income lost due to your injuries and inability to work.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
• Property Damage: Covers the cost of repairing or replacing your vehicle.
• Wrongful Death: In fatal accidents, surviving family members may pursue compensation for funeral expenses, loss of companionship, and financial support.
How New York’s No-Fault Insurance Affects Your Claim
New York is a no-fault insurance state, meaning your Personal Injury Protection (PIP) insurance will cover your medical expenses and lost wages up to $50,000, regardless of who was at fault. However, you can step outside the no-fault system and file a lawsuit against the at-fault driver if:
• You suffered a “serious injury” as defined by New York Insurance Law § 5102(d), such as a fracture, disfigurement, or significant limitation of a body function.
• Your medical expenses exceed your PIP coverage.
Steps to Take After an Intersection Accident in New York
If you’ve been involved in an intersection accident, taking the following steps can strengthen your claim:
1. Call 911: Ensure the police document the accident and create an official report.
2. Seek Medical Attention: Even if you feel fine, some injuries may not manifest immediately.
3. Document the Scene: Take photos of the vehicles, intersection, traffic signals, and any visible injuries.
4. Collect Contact Information: Obtain the names, phone numbers, and insurance details of all parties involved, as well as any witnesses.
5. Avoid Admitting Fault: Do not discuss liability with the other driver or the insurance company.
6. Consult an Attorney: An experienced car accident lawyer can help you navigate the legal process and fight for fair compensation.
Why Choose Leitner Varughese Warywoda?
At Leitner Varughese Warywoda, we have a proven track record of successfully handling car accident cases in New York. Our team understands the complexities of intersection accidents and has the resources to build a strong case on your behalf. Here’s what sets us apart:
• Local Expertise: We’re well-versed in New York’s traffic laws and court systems.
• Aggressive Representation: We’re not afraid to take on insurance companies to secure the compensation you deserve.
• Personalized Service: We treat every case with the care and attention it deserves, keeping you informed every step of the way.
Conclusion: Get the Legal Help You Need
Intersection accidents in New York can leave victims with devastating injuries and significant financial burdens. Determining liability requires a thorough understanding of traffic laws and the ability to gather and present compelling evidence. At Leitner Varughese Warywoda, we are committed to helping accident victims secure the justice and compensation they deserve.
If you or a loved one has been injured in an intersection accident, don’t wait to seek legal help. Contact us today at 212-671-1110 or visit our website at lvlawny.com to schedule a free consultation. Let us put our experience and dedication to work for you.
