The other driver swears you drifted, but you are sure you stayed in your lane. The police report reads like nobody is certain, and the adjuster keeps circling back to potential gaps in the story. So, how does a New York car accident lawyer approach proof of fault?
Typically, a car accident lawyer in New York will look past the paperwork and start with the vehicles themselves. This guide from Cassisi & Cassisi, P.C. walks you through what state law says about lane-change incidents.
Why Fault Often Gets Disputed When a Sideswipe Car Accident Happens
According to the New York State Department of Health, motor vehicle traffic injuries caused an annual average of 136,913 emergency department visits during the 2012-2014 period. A sideswipe car accident occurs when two vehicles collide along their sides. Incorrect lane changes, merges, on-ramps, and drifting account for a large share of these accidents, sending many people to the hospital for a variety of injuries, from minor to catastrophic.
Fault typically falls on whichever driver left their lane. That idea sounds simple until you consider that both cars were moving and that neither driver had time to register what happened. With this in mind, driver negligence takes several familiar forms in these crashes:
- Changing lanes without checking a blind spot
- Drifting while drowsy or distracted
- Failing to signal before moving over
- Merging without leaving adequate space
- Entering the same lane at the same moment as another vehicle
According to the World Health Organization, drivers using mobile phones are approximately four times more likely to be involved in a crash, as distraction makes it harder to stay in the correct lane and hold a safe following distance. In cases where both cars moved, the responsibility may be divided rather than assigned to one person.
What New York Law Says About Traffic Lane Violations
Under New York’s Vehicle and Traffic Law § 1128(a), a driver must stay within a single lane and may not leave it until moving over can be done safely. Section 1163 states that a driver must signal continuously for at least the final 100 feet before any lateral movement. While traffic lane violations may not decide a civil claim on their own, a citation for an improper lane change or a missing signal does become part of the official record.
How a Car Accident Lawyer in New York Might Read the Accident Scene
Sideswipes rank among the more common types of car accidents. In these cases, a few photographs might say more than an hour of argument. Accident scene evidence tends to be more reliable than either driver’s memory, but because some of it can disappear within days, early collection may be important.
Several categories of proof come up:
- Damage patterns: Contact concentrated on one car’s front quarter panel and the other’s rear quarter panel suggests a specific sequence.
- Police reports: Officers note vehicle positions, road conditions, and other factors that help paint a picture of what happened.
- Witness statements: Surrounding drivers may have witnessed the lane change in real time.
- Vehicle and phone data: Event data recorders can log steering inputs and speed, while phone records may show whether the other driver was distracted.
A New York car accident lawyer also moves quickly to preserve evidence.
How Comparative Fault Works in New York Crash Claims Today
Comparative fault in sideswipe claims might result in both drivers sharing some blame. New York’s rules on this changed in 2026. For decades, the state followed pure comparative negligence under CPLR § 1411, where an injured person could recover compensation even when largely responsible, with the award reduced by their fault.
The 2026 budget legislation, however, added CPLR § 1411(b) through Part EE of Chapter 58. This change applies to actions subject to Insurance Law Article 51 on or after May 26 of that year. It bars recovery when a claimant’s share of fault exceeds the combined percentage of the parties sued.
What To Do After a Sideswipe Crash in New York
Calling the police is crucial, even when the other driver suggests skipping it. A report documents the damage while it is fresh, and in many situations, the call is required. It is also good to photograph both vehicles, the lane markings, the surrounding road, and any visible injuries before the cars are moved.
According to the National Safety Council’s Injury Facts, medically consulted injuries in motor vehicle incidents totaled 4.9 million in 2024. If your injuries seem minor, you should still see a doctor within 24 hours. Some injuries from a lateral impact, including concussions and soft-tissue damage, may not produce noticeable symptoms right away.
Ask Cassisi & Cassisi, P.C.’s Auto Accident Lawyer in NY All Your Sideswipe Fault Questions
A New York car accident lawyer can help assemble the necessary records and review sideswipe claims on behalf of injured drivers. Your lawyer can also help you through the steps to take after a car accident while the details are still fresh.
If you are near Mineola, NY, consider contacting Cassisi & Cassisi, P.C., at (516) 294-5050 for a consultation.
Frequently Asked Questions
Below are a few questions drivers often raise after a sideswipe collision. Don’t see yours addressed here? Give us a call.
Can Both Drivers Share Blame for a Sideswipe Crash?
Both drivers can share blame for a sideswipe crash, and New York’s comparative fault rules allow responsibility to be divided by percentage between the parties involved.
Does a Police Report Decide Who Caused the Accident?
A police report does not determine who caused the accident, but it documents the scene, notes any citations issued, and often serves as influential evidence in the claim.
How Long Do I Have To Contact a New York Car Accident Lawyer?
You can contact a New York car accident lawyer at any point, though the general three-year filing deadline and the short 90-day notice period for claims against municipalities make earlier conversations more practical.
