A rear-end collision in New York can describe a fender bender in heavy traffic on Queens Boulevard or a major high-speed collision on the Long Island Expressway. Either way, it is important for those involved to understand their rights and legal protections under New York law. It is always recommended to speak to an experienced injury attorney before signing off on a settlement if you have been hurt in a rear-end crash.
About Rear-End Accidents
A rear-end accident occurs when the front of one vehicle crashes into the back of the car it was driving behind. These accidents can cause minor to severe injuries due to the force of the impact. Rear-end collisions are one of the most commonly reported types of motor vehicle accidents in the State of New York.
Common Causes of Rear-End Collisions
Motor vehicle drivers have a responsibility to operate their vehicles in a way that minimizes the risk of rear-end collisions. New York law (Vehicle and Traffic Law §1129) stipulates that drivers may not follow other vehicles more closely than is “reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
Following too closely, especially in heavy traffic or bad weather, increases the odds of a rear-end collision because it decreases the amount of time the rear driver has to react to changing roadway situations and come to a stop. Driver distractions, inattention, drowsiness and intoxication also increase the risk of rear-end accidents.
Typical Injuries From Rear-End Accidents
The mechanics of a rear-end collision can result in serious injuries to passengers in both cars, even when the two vehicles collide at a low speed.
The force of the impact could lead to injuries such as:
- Whiplash and other neck injuries
- Muscle, ligament and tendon damage
- Facial injuries
- Spinal cord injuries
- Herniated disks
- Concussions
- Traumatic brain injuries
- Knee injuries
- Broken bones
- Rib fractures and chest injuries
- Airbag and seat belt injuries
- Lacerations and scarring
- Internal injuries
While many injuries are immediately apparent, others do not show symptoms until hours or days after the crash. This is why it is critical to see a doctor right away for a medical evaluation.
Who Pays for a Rear-End Accident Under New York Law?
Liability, or financial responsibility, for a rear-end car accident in New York can be complicated. New York is a no-fault state, meaning in most car accident cases, drivers file with their own insurance policies regardless of fault. If a rear-end crash causes serious or permanent injuries, however, the at-fault driver can be held responsible.
The common assumption is that the rear driver is always at fault for a rear-end collision. While this is most often true, it is also possible for the front driver to be partially or fully to blame. If the leading driver slams on the brakes without cause, cuts the rear driver off or does not have working brake lights, for example, that driver could share liability.
How Can a Car Accident Lawyer Help You After a Rear-End Collision?
After a serious rear-end collision, a car accident attorney in Forest Hills can be critical in helping a victim maximize the value of his or her settlement. While a rear-end car accident case may appear straightforward, car insurance companies use many tactics to argue against liability.
If you encounter any complications while trying to recover fair compensation for your rear-end crash in New York, contact an attorney for assistance. An attorney can deal with insurance claims adjusters for you to optimize your case outcome.