Detailed Answer
Overview of Negligence in New York
Under New York law, to prove another driver’s negligence you must establish four elements: duty, breach, causation, and damages. Every motorist has a legal duty to operate their vehicle safely under N.Y. Veh. & Traf. Law § 1120 (obedience to traffic-control devices) and § 1140 (entering intersections and turns). Failure to follow traffic signals or exit lanes can constitute a breach of duty.
1. Establishing the Duty and Breach
New York Vehicle & Traffic Law requires drivers to obey traffic signals. If a motorist runs a red light or makes an improper turn at an exit, they have breached that duty.
2. Demonstrating Causation
You must link the breach directly to your injuries or property damage. Evidence must show that, but for the other driver’s failure to yield, the collision would not have occurred.
3. Proving Damages
Document your medical bills, vehicle repair estimates, lost wages, and any other out-of-pocket expenses to satisfy the damages element.
Key Types of Evidence
- Police Reports: Official accident reports often note signal status, vehicle positions, and witness contact information.
- Traffic Camera or Surveillance Footage: Many intersections are monitored by city or private cameras. These recordings can confirm who had the green light or signal.
- Skid Mark Analysis and Accident Reconstruction: Experts measure skid marks and use physics to recreate the collision. This evidence can demonstrate speed and point of impact.
- Photographs and Videos: Take photos of vehicle damage, signal heads, road markings, and the overall scene immediately after the crash.
- Eyewitness Statements: Independent witnesses can corroborate your version of events, including signal timing and actions of the other driver.
- Signal Timing Records: Municipalities keep logs of signal phases. You can subpoena timing records to confirm whether the light was green, yellow, or red at the time of the crash.
- Expert Reports: Accident reconstructionists and traffic engineers can prepare written opinions that link the breach of duty to your injuries.
Disclaimer
This article provides general information on New York law and is not legal advice. Consult a licensed attorney about your specific situation.