Determining liability in a rear-end car accident is generally straightforward. But while the rear driver is often assigned fault, there are a few instances in which the leading driver may assume at least partial liability.
A car accident lawyer in New York can help you understand statutes and presumptions surrounding liability in a rear-end car accident. Below, learn the basics and your options for pursuing compensation.
Presumption of Fault in Rear-End Collisions
Who is responsible for a rear-end car accident in New York? Generally, the rear driver is presumed to be at fault in this situation because they did not maintain a safe following distance.
New York Vehicle and Traffic Law § 1129(a) prohibits following too closely, stating that drivers should not follow another vehicle more closely than is “reasonable and prudent.” Drivers should leave enough space to come to a safe, complete stop when necessary, considering speed, weather conditions, road conditions, and other factors that may affect their stopping ability.
When one driver rear-ends another, the presumption is that they were following too closely.
Instances in Which the Rear Driver May Not Be At Fault for a Rear-End Collision
Determining fault in rear-end collision cases in New York still requires insurance companies to consider the larger circumstances of the accident. There may be instances in which the rear driver is not fully at fault, or the leading driver shares some of the liability for the accident.
Examples may include:
- The leading vehicle suddenly changed lanes in front of the rear vehicle, forcing the rear driver to stop suddenly.
- The leading vehicle stopped suddenly or without warning, and the rear driver had insufficient time to react.
- A hazard or object in the road caused the leading driver to brake suddenly.
- The leading driver’s brake lights were not working, failing to alert the driver that they were slowing down.
- The crash was part of a multi-vehicle collision in which the rear-most driver crashed into the driver in front of them, causing that vehicle to collide with another vehicle.
These circumstances do not automatically absolve the rear driver of liability, but the insurer may consider them when determining fault.
Seeking Compensation After a Rear-End Accident in New York
In New York, there are approximately 12,000 hospitalizations each year due to motor vehicle traffic-related injuries, with the highest rates among males between ages 20 and 24. More than 136,000 emergency department visits each year are due to unintentional injuries from car accidents.
If you were involved in a rear-end accident, even if it was seemingly minor, you may be facing medical bills and other expenses. How can you seek compensation after this type of accident?
New York’s Personal Injury Protection (PIP) insurance laws generally require drivers to file claims through their own insurance policies after an accident, regardless of who was at fault. This is good news for rear drivers in rear-end collisions who may otherwise assume a percentage of liability. Determining fault may not be necessary when both drivers use their own insurance.
However, if the accident meets New York’s serious injury threshold, the not-at-fault driver may be able to pursue additional compensation from the at-fault driver’s insurance or through a legal claim.
Under New York law, a “serious injury” is a personal injury resulting in any of the following:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss or limited use of a body function, organ, member, or system
- Any medically determined injury that prevents a person from participating in normal daily activities for at least 90 out of the 180 days following the accident
Those interested in pursuing a lawsuit after an accident should remember that the car accident statute of limitations in New York is generally three years from the accident date, and missing this filing deadline could bar them from seeking compensation.
How New York’s Pure Comparative Negligence Laws Impact Fault Determinations
Pure comparative negligence laws can also affect fault determinations and compensation rights after a rear-end car accident in New York. Under these laws, multiple drivers can share liability in an accident. As long as a driver is not 100% responsible for the accident, they can seek compensation from the other driver, but their damages would be reduced by their percentage of fault.
For example, perhaps a driver rear-ended you, but you were found to be 20% liable for the accident. In that case, you would only be able to seek 80% of your damages through a car accident lawsuit. An auto accident lawyer in New York can help you understand these laws and how they may impact your potential compensation.
Speak With a Car Accident Lawyer in Mineola
Understanding liability in a rear-end car accident in New York is the first step to determining your rights and options for seeking compensation. Next, learn the steps to take after a car accident and speak with a car accident lawyer in Long Island about your legal options.
Cassisi & Cassisi, P.C., represents car accident victims through the compensation and legal process. Request a free consultation today at 516-294-5050.
Frequently Asked Questions
Whose insurance pays if you are rear-ended in New York?
If you are rear-ended in New York, you will generally file a claim through your own PIP insurance first. If injuries meet the serious injury threshold, you may have the right to pursue compensation from the at-fault driver. Speak with an attorney about liability for rear-end car accidents in New York and your options.
Who is at fault in an accident if a driver stops suddenly?
The rear driver is generally at fault in an accident if the leading driver stops suddenly. Drivers are responsible for maintaining a safe following distance so that they can stop quickly when necessary.
How do insurers determine who was at fault?
Insurers review the details of the accident, the placement of vehicles, the police report created after the crash, and other information to determine liability in rear-end car accidents in New York.
