Being rear-ended can leave you injured, stressed, and unsure about your next steps. When another driver crashes into the back of your vehicle, you need clear guidance on protecting your rights and pursuing compensation.
An experienced NYC rear-end collision lawyer can help you understand the complexities of these types of accidents. In this guide, we will explain what causes rear-end collisions and how to establish fault when you’ve been rear-ended.
Common Causes of Rear-End Collision Accidents
Understanding why rear-end accidents happen helps prevent future crashes and establish liability in collision claims. Here are the primary causes:
- Distracted driving: Using phones, adjusting the radio, eating, or any activity that takes attention away from the road significantly increases crash risk. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,308 lives in 2022. When drivers take their eyes off the road for even a few seconds, they can miss sudden changes in traffic flow. Texting while driving is particularly dangerous, as it combines visual, manual, and cognitive distractions.
- Following too closely: Tailgating reduces reaction time and increases the likelihood of rear-end collisions, especially in heavy traffic or poor weather conditions. The three-second rule provides a safe following distance under normal conditions. This distance should increase during adverse weather or when following large vehicles.
- Sudden stops: Abrupt braking by the lead vehicle, often due to road hazards or traffic conditions, can lead to rear-end impacts. While the lead driver may need to brake suddenly for legitimate reasons, following drivers must maintain enough distance to react safely. Construction zones and urban areas with frequent pedestrian crossings increase the risk of sudden stops.
- Weather conditions: Rain, snow, and ice reduce traction and visibility, making it harder to stop safely. Drivers must adjust their speed and following distance accordingly.
- Driver fatigue: Drowsy driving impairs reaction time and decision-making abilities, similar to alcohol impairment. Commercial drivers and those working long shifts face particular risks. The effects of fatigue can be as dangerous as driving under the influence.
- Mechanical issues: Faulty brakes, worn tires, or other vehicle maintenance problems can prevent timely stops. Regular vehicle maintenance plays a crucial role in preventing these accidents. Neglected maintenance schedules often lead to brake failure or tire blowouts.
- Speed-related crashes: Excessive speed reduces stopping distance and reaction time, leading to more severe impacts. Higher speeds also increase the force of impact, causing more serious injuries. Urban areas with frequent traffic changes require particularly careful speed management.
What To Do If You Are Rear-Ended
Taking the right steps immediately after a rear-end collision protects your health and legal rights. Here’s what you should do:
1. Seek Medical Attention Immediately
Your health comes first. Even minor impacts can cause serious injuries. Clinical research shows that rear-end collisions can have long-lasting health implications, so you must seek early medical intervention to protect your health.
Some injuries, particularly whiplash and soft tissue damage, may not show symptoms immediately. A medical evaluation creates documentation of your injuries and establishes a link between the accident and your injuries.
2. Gather Evidence If Possible
Document the scene with photos, collect witness information, and file a police report. Take pictures of all vehicle damage, skid marks, and the accident scene from multiple angles.
Write down the names and contact information of any witnesses; their statements may prove valuable later. Request a copy of the police report, as it provides an official record of the incident.
3. Follow Doctor Recommendations
Attend all appointments and complete prescribed treatments. Keep detailed records of all medical care, including dates, providers, and expenses, as this will help your claim later on.
4. Report the Accident to Insurance and Avoid Definitive Statements
Notify your insurance company, but limit discussions about fault or injuries. Stick to basic facts about when and where the accident occurred.
Never apologize or accept blame for the accident, as these statements may be used against you later. Consider consulting with an attorney before giving recorded statements to insurance companies.
How To Prove Liability in Rear-End Collisions
When you’ve been rear-ended, establishing fault requires understanding New York traffic laws and gathering proper evidence.
Understanding How Liability Works in Rear-End Collisions
New York law generally presumes that the rear driver bears responsibility for maintaining a safe following distance. Under New York Vehicle and Traffic Law § 1129(a), drivers must maintain “a safe distance between vehicles.” This creates a rebuttable presumption of negligence in rear-end collisions.
New York follows pure comparative negligence rules under CPLR § 1411. This means you can pursue compensation claims even if you’re partially at fault, though the award will be reduced by your percentage of fault. For example, if you’re found 20% responsible for sudden braking, you can still recover 80% of your damages.
To establish driver negligence, you must prove:
- The other driver owed you a duty of care.
- They breached this duty.
- The breach caused your injuries.
- You suffered actual damages.
Evidence To Support Your Claim
Strong documentation strengthens your position in negotiations and potential litigation. The following types of evidence play crucial roles in establishing fault:
- Police reports: The responding officer’s official documentation provides an unbiased account of the accident scene, including statements from all parties, citations issued, and the initial fault determination.
- Witness statements: Independent observers can provide crucial testimony about driver behavior, road conditions, and the sequence of events leading to the collision.
- Photographs of vehicle damage: Clear images showing the location and extent of impact help accident reconstructionists determine collision forces and verify consistency with reported events.
- Medical records: Detailed documentation from emergency services, diagnostic tests, and treatment plans establishes the direct connection between the collision and your injuries.
- Traffic camera footage: Video evidence from nearby surveillance or traffic cameras can conclusively demonstrate driver behavior and the exact mechanics of how the collision occurred.
How an Attorney Can Help You Prove Liability
Legal representation strengthens your case throughout the claims process. An experienced attorney investigates the accident thoroughly, often working with accident reconstructionists, medical teams, and other helpful professionals to build compelling evidence of liability. They understand how to document and present evidence that meets New York’s legal standards for proving negligence.
Your attorney manages all communication with insurance companies, protecting you from making statements that could harm your claim. They calculate the full value of your damages, including future medical needs and long-term impacts, ensuring you don’t settle for less than your case is worth.
Protecting Your Rights After Being Rear-Ended
You need to seek compensation when another driver’s negligence causes a rear-end collision. The Law Office of Frank J. Cassisi, P.C., understands the challenges you face after a rear-end collision. We advocate for injured New Yorkers throughout their recovery process.
Contact the Law Office of Frank J. Cassisi, P.C., today at (516) 294-5050 to discuss your rear-end collision case in New York.
FAQs About Rear-End Collisions
How Long Do I Have to File a Claim After a Rear-End Accident?
In New York, you generally have three years from the accident date to file a personal injury lawsuit. There are exceptions to this rule, so it is important that you consult with an attorney immediately.
Can I Be Partially at Fault for Being Rear-Ended?
While rare, partial liability may apply if your actions contributed to the collision, such as brake checking or having non-functioning brake lights.
What Should I Do If Insurance Denies My Claim?
If you’ve been rear-ended and face insurance challenges, consult an attorney to protect your rights and explore legal options.
