Compensation for Injuries in Rear-End Collisions on Long Island

Rear-end collisions start with the sudden jolt you feel when a car hits you from behind. Receiving compensation for your injuries, however, is far more complex. It involves understanding exactly what happened, why and who is liable.

On Long Island, these accidents are often due to drivers not paying attention or following too closely. However, bad weather, poor road conditions and mechanical issues may play a part. Our lawyers help you understand your case, who may be liable and whether you could be entitled to substantial compensation for your injuries.

New York Traffic Laws and Rear-End Collisions

The state applies the concept of “negligence” in these rear-end accident cases, which involves determining who had a duty, breached their duty, that breach led to the collision, and the injuries that ensued.

For example, if a driver was following too closely or was distracted by his cell phone, the driver would likely be considered negligent. It is the responsibility of the court system to determine who was negligent and liable for the accident, making that person liable for damages.

The Car in the Rear is Generally But Not Always Liable

In New York, rear-end collisions are generally seen as the fault of the driver who hit the car in front. This is based on the idea that drivers should always keep a safe distance from the vehicle ahead. They need to drive at a safe speed, leaving themselves sufficient time to stop in an emergency without hitting the car in front of them.

However, every accident is different. In some situations, the front driver might share some of the blame. For example, if their brake lights on the front car were not working – and failed to adequately warn the driver behind that they were stopping – that front driver could be partly or wholy liable. Our attorneys have experience with these nuances, understand how it can impact your rights, and prepare the best strategy to help you maximize your recovery.

Steps to Take if Someone is Injured in a Rear-End Collision

Your safety is the most important consideration. Check if you or anyone else is hurt. If there are injuries, call 911 right away. Even if you think you are fine, it is still wise to see a doctor. Many injuries from car accidents do not surface immediately, and some do not present with pain.

If you believe everyone is safe, begin gathering information. Take pictures of the accident scene, the cars, and any injuries. Obtain the contact and insurance details of the other driver. If there are witnesses, get their contact information too. This information can be very helpful later on, especially if you need to make an insurance claim or talk to a lawyer.

It is also important to report the accident. In New York, you must report a car accident if there are injuries or if there is significant damage to the vehicles. You can do this by calling the police to the scene. They will make a report which can be important evidence if you need to make an insurance claim or take legal action.

Insurance Claims After a Rear-End Collision

Dealing with insurance after a rear-end collision can be tricky. In New York, we have a “no-fault” insurance system. This means that no matter who caused the accident, your own insurance company pays for your medical bills and lost earnings up to a certain amount. However, this does not cover compensation for your pain and suffering, loss of future earnings and other damages.

When you file an insurance claim, be prepared to provide all the details of the accident and your damages. This includes police reports, medical records, and receipts for any repairs.

Be careful when speaking with insurance adjusters. Anything you say to them could be used against you as an admission of liability or fault, They might try to settle your claim for less than it is worth. Remember, you do not have to accept the first offer they make.

If you are not receiving the compensation you deserve, our lawyers can help. If they are not paying you the full value of what you deserve, or you need to pursue damages in addition to what no-fault provides, we can advocate strongly on your behalf.

Legal Options and Rights for Accident Victims on Long Island

It is important that you bring your action timely in New York. New York’s statute of limitations gives you three years to bring most personal injury actions. If you miss the deadline, you are likely time barred from bringing the action.

If the other vehicle was a municipal vehicle, such as a fire truck or police car, your time is more restricted. You have 90 days to file a “Notice of Claim” putting the municipality on notice that you intend to seek compensation. You are also limited to filing the lawsuit within 1 year 90 days of the accident.

The Role of Our Personal Injury Lawyers in Your Case

As Long Island personal injury lawyers, we understand how overwhelming it can be after a rear-end collision. You might be dealing with injuries, car repairs, and insurance claims. This is where we can help. We can guide you through the legal process, help you understand your rights, and work to get you the compensation you deserve.

Our firm can communicate with insurance companies and the other driver’s lawyers. We will negotiate with the insurance companies to ensure your settlement covers all your needs. We are prepared to take your case to court if they do not offer a fair amount.

Contact the Law Office of Frank J. Cassisi, P.C. to Discuss Your Rear-End Collision Lawsuit

If you have been in a rear-end collision in New York, do not wait to get help. Contact the Law Office of Frank J. Cassisi, P.C. to talk about your case. We have experience handling rear-end collision cases and know how to navigate the complexities of New York law.

Call us today at (516) 294 5050 to speak with an attorney. We will listen to your situation, answer your questions, and explain your options. There is no charge for this initial consultation, and it is an important first step in understanding your rights.