In the streets of New York, rear-end collisions are some of the most common types of vehicle crashes. They can occur almost anywhere and can cause victims injuries ranging from minor bruises to serious spinal injuries. While things can appear straightforward, there are a number of factors that can influence liability and compensation. In this guide, the team at Gabriel Law will step into the shoes of a car accident lawyer in Manhattan and talk about everything you need to know about rear-end collisions in NYC.
What are the common causes of rear-end collisions in NYC?
Understanding what causes and contributes to rear-end collisions can help you avoid crashes and determine who is liable if a crash occurs. The most common causes are:
- Distracted driving
- Speeding
- Tailgating
- Sudden braking by the front vehicle
- Driver fatigue
Adverse weather conditions and mechanical issues can also be contributing factors to rear-end collisions in NYC.
Who is at fault in a rear-end collision?
Every driver has a duty to maintain a safe distance from the car in front of them. When rear-end accidents occur, it is generally presumed that the rear driver is the one responsible. However, that will not always be the case. For example, if the vehicle at the front braked, they could be held responsible for the collision.
There is always the possibility that both drivers share partial responsibility for the collision. When that happens, New York’s pure comparative negligence rule will apply and impact their compensation.
Alternatively, if the poor road conditions contributed to the accident, the government agency responsible for maintaining the roads could be held liable for damages. If the accident was the result of a mechanical defect, then the manufacturer of the vehicle or repair shop could be held responsible.
At the end of the day, who is to blame for the accident is subjective and will depend on the facts and circumstances of each case.
What are common injuries seen in rear-end collisions?
The sudden jolt and impact that can happen in rear-end collisions can result in a number of injuries. They include:
- Whiplash
- Back and spine injuries (e.g., herniated disc)
- Traumatic Brain Injury (TBI)
- Fractures and broken bones
- Soft tissue injuries
- Facial and dental injuries
- Psychological injuries (e.g., anxiety, depression, PTSD, etc.)
What should you do after a rear-end collision in NYC?
In the aftermath of a rear-end collision, there are things you need to do to protect yourself and increase your chances of receiving a favorable settlement:
- Call 911 and inform law enforcement about the accident.
- Move to a safe location, but do not leave the scene of the accident.
- If injured, receive immediate medical attention, no matter how small the injury may seem.
- Document the scene of the accident and gather the other relevant evidence.
- Try to exchange insurance and contact information with the other driver.
- Contact your car accident lawyer in NYC to understand your rights and liabilities.
- Contact your insurance company and notify them of the accident.
- Do not admit fault or apologize for the accident.
- Do not provoke the other driver and get into a fight.
- Do not post about the accident on social media.
- Do not make any recorded statements to insurance without proper legal counsel.
- Do not accept early insurance settlement offers.
How can you claim compensation after a rear-end collision?
When you are injured in a rear-end collision in NYC, there are multiple ways we can achieve compensation. First, you have your insurance coverage.
When you are injured in a car accident, you can call on your Personal Injury Protection (PIP) coverage to claim compensation for medical expenses, lost income, and other relevant expenses. Since it’s no-fault insurance, a person can claim it, regardless of their fault in the accident. But the catch is that you can only claim up to $50,000. Also remember that your insurance coverage will not compensate for non-economic losses. Furthermore, you can claim additional compensation from the at-fault driver’s liability insurance.
However, if insurance cannot cover all your losses, then you can consider filing a personal injury lawsuit. In New York, you can only file such a lawsuit if you can prove that the basic economic damage suffered exceeds $50,000 or that you have suffered a “serious injury” as defined by Section 5102 (d) of New York Insurance Law. You can claim both economic and non-economic losses, and there is no upper limit to how much you can claim. A personal injury lawsuit must be filed within three (03) years of the date of the accident.
But something worth noting is that any compensation you receive through a lawsuit can be affected by the pure comparative negligence rule. If a driver is partially responsible for the accident, their compensation will be reduced by the extent of their fault in the accident. However, you are still allowed to claim compensation, even if you are mostly to blame for the accident.
Conclusion
Rear-end collisions are among the most common types of car accidents in NYC. However, determining who is at fault is not always straightforward. Understanding your rights, gathering evidence, and taking the proper steps after an accident are all important to help secure the compensation you deserve.
You don’t have to navigate New York’s complex insurance and legal landscapes alone; Gabriel Law is here to help. We help New Yorkers with their car accident cases on a daily basis, and we would love to help you as your car accident lawyer in Brooklyn. Contact us now and schedule your free consultation.
