Who’s at Fault? Understanding New York’s Car Accident Laws (Explained by an Attorney)

By Vincent C. Loiodice, Attorney at Law

If you’ve been in a car accident in New York, one of the first questions you’ll have is:

“Who’s actually at fault — and what does that mean for my case?”

New York’s traffic laws, no-fault insurance rules, and fault standards can be confusing. Insurance companies take advantage of that confusion every single day. As a personal injury attorney who handles car crashes, slip and falls, trip and falls, and serious injury claims, I’ll break down exactly what you need to know — in simple, clear terms.

🚦 New York Is a “No-Fault” State — But That Doesn’t Decide Fault

Many people mistakenly believe that “no-fault insurance” means nobody is at fault for the crash.

That’s wrong.

“No-fault” simply means your own insurance covers your initial medical bills and lost wages, no matter who caused the accident.
This does NOT prevent you from:

✔ Bringing a claim against the at-fault driver
✔ Recovering money for pain and suffering
✔ Recovering full lost wages
✔ Filing a lawsuit if necessary

Fault still matters — especially if you were seriously injured.

⚖️ How Fault Is Determined in New York

NY uses a rule called comparative negligence, which means:

Each driver is assigned a percentage of blame.

Examples:

• If someone rear-ends you, they’re typically 100% at fault.

• If a driver pulls out of a parking lot without looking → they’re at fault.

• If someone changes lanes without signaling and hits you → they’re at fault.

• If you were going straight and someone made a left turn across your path → they’re at fault.

Even if you were 1% at fault, you can still recover compensation — the law does not bar you from filing a claim.

🛑 Common Situations Where Fault Is Clear

1. Rear-End Collisions

In almost every case, the trailing driver is legally responsible.
They must maintain a safe distance and have time to stop.

2. Drivers Pulling Out of Parking Lots or Spots

A driver exiting:

• a parking lot

• a driveway

• a parallel parking space

must yield to oncoming traffic.
If they hit you as you’re traveling straight, they are almost always at fault.

3. Left-Turn Accidents

When a driver makes a left turn across oncoming traffic, the law presumes they must wait until it is safe. Impact usually means:
➡ They turned when they shouldn’t have.

4. Running Red Lights or Stop Signs

Clear violation = clear fault.

5. Unsafe Lane Changes

If a driver crosses lanes without enough space or without signaling, fault is typically placed on them.

📸 Evidence That Helps Prove Fault

To protect yourself, gather as much evidence as possible:

• Photos of the scene, vehicles, and roadway

• Video (intersection cams, security cameras, dash cams)

• Witness names and statements

• Police report

• Vehicle damage locations

• Surrounding businesses that may have footage

The sooner this evidence is collected, the stronger your case becomes.

💡 Why Fault Matters for Your Injury Claim

You may be entitled to compensation for:

• Pain and suffering

• Lost income

• Future lost earnings

• Medical expenses

• Surgery and rehab

• Long-term disability

• Out-of-pocket costs

• Loss of enjoyment of life

The more clear the fault, the stronger and faster the claim moves.

🚨 Warning: Insurance Companies Will Try to Blame YOU

Even in obvious cases, insurance adjusters will try to twist facts:

• “You were going too fast.”

• “You didn’t brake in time.”

• “There wasn’t enough damage for injury.”

• “You were partially at fault.”

They do this to pay you less — or deny you entirely.

Talking to them before speaking with a lawyer is the #1 mistake injury victims make.

📞 When to Call a Lawyer

You should speak to an attorney immediately if:

✔ The other driver is denying fault
✔ The police report is wrong
✔ You’re hurt
✔ You missed work
✔ The insurance company is already calling you
✔ You’re unsure how no-fault works
✔ You feel overwhelmed or confused

A quick consultation can prevent major mistakes and protect your rights from Day 1.

💬 Final Thoughts

Understanding fault in a New York car accident doesn’t have to be complicated — but it can be the difference between getting fully compensated or getting nothing.

If you were hit by a negligent driver, or someone pulled out and struck you, you deserve to know your rights.

You don’t have to deal with this alone.