New York Rear-end Accident Lawyer
Among the most common types of motor vehicle accidents our NYC car accident lawyers see is the Rear End Collision. Rear-end collision accidents happen when one motor vehicle strikes another from behind. According to the National Highway Transportation Safety Administration (NHTSA), rear-end collision accidents account for nearly 30% of all motor vehicle accidents. In the State of New York, and particularly in New York City, traffic and congestion result in a large number of rear end collision accidents every year.
- How to Choose a Lawyer for a NYC Rear-End Car Accident?
- How to Recover Damages in a Rear-End Collision Lawsuit in New York?
- What Are Some Common Negligent Acts Leading to Rear-End Collision Accidents?
- What Are the Most Common Injuries Sustained in Rear-End Collision?
- How Much is a Rear-End Accident Worth in New York?
- How Can I Obtain a Free Consultation to Discuss my Case with a Trusted NY Rear-End Accident Lawyer?
When choosing a lawyer after a rear-end crash, it is important to choose an attorney who knows the various and unique New York City Traffic Rules and Regulations as well as the details of the Vehicle and Traffic Laws of the State of New York. Familiarity with these laws is imperative to insure that an injured party obtains a recovery to the fullest extent of the law.
In order to recover damages in a rear-end collision lawsuit, it must be shown that the offending driver was negligent in the same manner as in other types of motor vehicle accident cases. In a rear end collision case, this can often be proven as a matter of law by a legal procedure known as a Motion for Summary Judgment in which a Judge determines as a matter of law that the offending vehicle is 100% responsible for the accident and the victim is entirely free from fault.
It is common sense that drivers of motor vehicles should not follow other vehicles too closely but maintain a safe distance. The reality in New York is that many drivers do not maintain a safe distance which results in serious accidents on our roadways. A driver who crashes into the car in front of him is generally presumed to be at fault for the accident because the driver failed to maintain a safe driving distance between his vehicle and the vehicle in front of him.
Rear end collision accidents can be caused by a variety of negligent acts. The most common causes of rear end collision accidents are:
- Following too closely or tailgating
- Distracted driving such as cell phone use, texting or other internal car distractions
- Poor weather conditions
- Aggressive driving or road rage
- Sudden and unexpected stops
- Improper servicing
- Vehicular failure / Product liability
The potential causes of a rear end collision accident are well-known in the legal community. In order to ensure a successful recovery, an attorney must know the applicable law and be able to prove that the offending motor vehicle failed to act in a reasonable manner under the circumstances and that is what caused the accident.
Simply because an accident occurred does not mean that personal injuries or damages also occurred. At times, damages to the vehicles involved in a rear-end collision are not that severe or are what is commonly referred to as a "fender bender." In other cases, if the offending vehicle is a truck, bus or SUV, the damage to the vehicles can be substantial. Regardless of the force of the impact, serious personal injuries can occur. Among the more common type of injuries in rear end collision accidents are those that involve the head and neck. These injuries may not be apparent at first, but their symptoms often intensify in the days following the accident resulting in the need for extensive medical treatment and even surgical intervention.
Where nobody is injured or the injuries are not considered serious, the No-Fault laws of New York will generally govern any bodily injury claims and restrict recovery. Conversely, the more serious the injury that results from a car accident, the more likely it is that a successful recovery can be obtained.
The value of a rear-end accident case in New York depends on various factors. Some of the key factors that influence the compensation amount include:
- Extent of injuries: The severity and impact of injuries sustained in the accident play a significant role in determining the worth of the case. This includes the nature of injuries, medical treatment required, long-term effects, and any resulting disabilities or impairments.
- Medical expenses: The cost of medical treatment, including hospital bills, surgeries, medication, rehabilitation, therapy, and ongoing medical care, is a crucial factor in assessing the value of the case.
- Lost wages: If the accident caused you to miss work, you may be entitled to compensation for the income you lost during your recovery period. Additionally, if the injuries result in a reduced earning capacity or the inability to return to work, it can impact the overall value of the case.
- Property damage: The cost of repairing or replacing your vehicle and any other damaged property is considered in determining the compensation amount.
- Pain and suffering: Non-economic damages, such as physical pain, emotional distress, mental anguish, and loss of enjoyment of life, are also factored into the case's value. Assigning a monetary value to these damages is subjective and often requires negotiation or assessment by legal professionals.
- Comparative negligence: New York follows a comparative negligence rule, which means the compensation amount may be reduced if you are found partially at fault for the accident. The degree of fault assigned to each party involved can affect the final settlement or verdict.
- Insurance coverage: The insurance policy limits of the at-fault driver can influence the maximum amount you can recover. If their coverage is insufficient, you may explore other avenues for compensation, such as underinsured or uninsured motorist coverage or pursuing a lawsuit against the responsible party directly.
We retain expert life care planners, physicians and economists because every car accident lawsuit has its own set of associated costs, including pain and suffering, lost wages, the cost of future care and many other monetary costs. In order to accurately assess what these costs will be for the remainder of a victim's life, we use financial professionals to derive fair resolutions for injury victims. Additionally where necessary we retain the best accident reconstruction engineers in the field. It is also often necessary to retain a biomechanical engineer where the cause of the injury is challenged.
Recently our attorneys obtained a $1.5 million settlement for a woman who suffered a serious injury to her hand after her car was rear-ended by a truck whose brake had not been properly maintained.
The NYC car accident attorneys at at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have helped countless individuals and families suffering serious injuries or death as a result of a being struck by a car, truck, bus or other motor vehicle in a rear-end collision. We advocate for our clients' full financial recovery through detailed, meticulous preparation for trial. If you have been injured or a loved one died in a rear-end accident, please contact our firm to discuss your case.