Intersections are where some of the deadliest car crashes in New York happen. And when these accidents occur, determining who was at fault is not always easy.
If you were involved in a car accident at an intersection on Long Island, knowing how an insurance company might determine fault in your accident can help you understand your potential payout and legal options. Consulting a car accident lawyer on Long Island, NY, can help you gain personalized guidance about your specific accident, but the guide below is also a good starting point.
Potential Fault Determinations in Intersection Accidents
Transportation Alternatives compiled data in December 2025 to better understand which intersections across New York City see the most accidents. The organization found that approximately 116 intersections across the city have seen at least five car accident fatalities or serious injuries since January 2022.
According to the report, the most dangerous intersection in Queens is located at Northern Boulevard and 48th Street. Approximately nine New Yorkers have been killed or seriously injured across five serious crashes here since January 2022.
When accidents happen at intersections, they often involve multiple parties, including motorists, pedestrians, and/or bicyclists. The following are a few potential liable parties in intersection accidents:
- A driver who ran a red light, colliding with an intersecting driver who had the right-of-way
- A pedestrian who entered the intersection despite not having the right-of-way, especially if an oncoming vehicle would not have reasonably had time to stop
- A driver who turned left into oncoming traffic, also failing to yield the right-of-way
- A driver whose speeding or distraction contributed to the crash, even if they were otherwise following traffic laws
- A cyclist who swerved into the driver’s path, leading to a collision
- A right-turning driver who failed to yield to crosswalk users
Failure to yield the right-of-way is a common cause of car accidents at intersections, but the actual cause is not always that straightforward. Under New York’s modified comparative negligence standard, multiple parties can share liability for vehicle accidents. Each party’s potential compensation would be reduced by their percentage of fault, and if a plaintiff is found to be more than 50% responsible for the accident, recovery from other parties would be barred.
Why Fault Doesn’t Always Matter in Long Island Car Accident Cases
You may gain peace of mind by determining who was at fault in your intersection accident, but legally, determining fault is not always necessary in New York. This is because New York is considered a no-fault auto insurance state.
After a car accident, your own insurance company would generally pay for your medical bills and lost wages through your personal injury protection (PIP) coverage, regardless of who was at fault. Every New York driver is required to carry at least $50,000 in PIP coverage, which helps pay for their necessary medical treatment and up to 80% of lost earnings after an accident.
However, seeking compensation from the actual “at-fault driver” may still be relevant or necessary in many cases. For example, you may want to seek reimbursement for property damage under their liability insurance coverage. And if your accident meets New York’s serious injury threshold, you may have the right to pursue additional damages for bodily injury through their insurance or a potential lawsuit.
How Fault Is Determined When a Case Meets the Serious Injury Threshold
If your accident caused serious injuries, pursuing compensation from the at-fault driver may be necessary to fully cover your medical bills and other injury-related expenses. A New York car accident lawyer can guide you through this process.
The insurance company would review the circumstances of the intersection accident to determine each party’s percentage of fault. This may involve reviewing:
- Police reports
- Dashcam footage
- Photos of the accident scene
- Witness testimony
- Traffic signals and stop signs at the intersection
After learning the positions and activities of all drivers involved in the accident, the insurer could determine how the accident happened, such as one party violating right-of-way rules. They could then assign a percentage of driver negligence to one or multiple parties under New York’s comparative fault laws.
If you disagree with the fault determination, you and your car accident lawyer on Long Island may be able to appeal this decision by providing further accident evidence.
Contact an Auto Accident Lawyer in New York
Intersection accidents can quickly lead to serious T-bone collisions and severe injuries. If you were involved in an accident at any intersection, retaining a car accident lawyer in Mineola to represent you may be wise, especially if the insurer is attempting to falsely pin some of the blame on you.
Our attorneys at Cassisi & Cassisi, P.C., offer legal guidance and representation for car accident victims. Call us today at (516) 294-5050 for a free consultation with a New York car accident lawyer, then explore what to do after a car accident in our recent blog post.
Frequently Asked Questions
How do insurance companies decide who is at fault?
Insurance companies determine fault by reviewing police reports, photos of vehicle damage, witness testimony, and other evidence. They seek to reconstruct how the accident happened and understand all of the factors involved, then assign percentages of blame.
What is the leading cause of intersection accidents?
Intersection accidents are often caused by driver error, specifically failure to yield the right-of-way. Accidents are also common when drivers misjudge gaps in traffic or fail to look thoroughly before turning at an intersection. Intersections are often busy, and with drivers approaching from all sides, accidents can easily occur if even one driver fails to follow the appropriate protocols.
Who is at fault in an uncontrolled intersection accident?
At an uncontrolled intersection, meaning an intersection with no traffic lights or signs, fault is still usually assigned to the driver who failed to yield the right-of-way. Even without marked traffic signs, drivers still need to follow specific protocols for proceeding through the intersection. A New York car accident lawyer can help you understand fault in these cases.
