You’re driving through the bustling streets of New York City when suddenly, you feel a jolt from behind. You’ve just been rear-ended. As the shock wears off, you might wonder what steps to take next and whether you need legal representation.
Being rear-ended can be a jarring experience, often leading to injuries, property damage, and a maze of insurance claims. In this guide, the Law Office of Frank J. Cassisi, P.C., will explain what to do if you are rear-ended and why consulting an NYC rear-end collision lawyer might be in your interest.
The Potential Consequences of Rear-End Collisions
Rear-end collisions are among the common types of car accidents in New York City. These accidents occur when one vehicle strikes the back of another, often because of distracted driving, tailgating, or sudden stops. The impact can range from a minor bump to a severe crash, potentially causing significant damage and injuries.
When you’re rear-ended, you might experience:
- Whiplash or other neck injuries
- Back pain and spinal issues
- Head injuries, including concussions
- Airbag-related injuries
- Psychological trauma
According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions accounted for 32.5% of all crashes in 2019, making them a frequent type of car accident in the United States.
Immediate Steps To Take After Being Rear-Ended
According to the New York State Department of Health, there were 12,093 hospitalizations due to motor vehicle traffic injuries in 2014. If you’ve been involved in a rear-end collision, taking the right steps immediately after the incident can significantly impact your potential legal case and insurance claim. Here’s what you should do:
- If possible, move your vehicle to a safe location and turn on your hazard lights.
- Assess yourself and others for injuries, and call 911 if needed.
- Call the police. Even for minor accidents, a police report can be crucial for your case.
- Take photos of vehicle damage, road conditions, and any visible injuries.
- Ask for contact and insurance details from the other driver(s) involved.
- Seek medical attention, even if you feel fine; some injuries may not be immediately apparent.
- File a motorist crash accident report with the New York Department of Motor Vehicles within 10 days if the accident resulted in injury or property damage exceeding $1,000.
Why You Should Consider Hiring a Lawyer After Being Rear-Ended
While you don’t always need legal representation after being rear-ended, consulting a lawyer can often be beneficial, especially in cases involving injury or significant property damage. Here’s why:
Understanding Your Rights
A lawyer can explain your legal rights and options, ensuring you don’t inadvertently waive any important protections. New York’s no-fault insurance system can be complex, and you may be entitled to benefits beyond what your insurance company initially offers.
An experienced attorney can help you navigate these laws and understand your rights to compensation under both no-fault insurance and potential third-party claims.
Dealing With Insurance Companies and Proving Fault
Insurers may try to minimize payouts. An experienced attorney can negotiate on your behalf. Additionally, providing fault is essential when seeking compensation from an insurance company.
While the rear driver is often presumed to be at fault, there can be exceptions. A lawyer can help gather evidence to establish liability. In some cases, factors like sudden stops, malfunctioning brake lights, or multi-car pileups can complicate fault determination.
An attorney can thoroughly investigate the accident, collect witness statements, secure surveillance footage if available, and work with accident reconstruction professionals to build a strong case for liability.
Calculating Damages and Meeting Deadlines
An attorney can help you assess the full extent of your losses, including medical expenses, lost wages, and pain and suffering. Many accident victims underestimate the long-term costs of their injuries.
A lawyer will consider your current medical bills, future treatment needs, potential loss of earning capacity, and non-economic damages like pain and suffering or loss of enjoyment of life. An attorney will also help you meet essential deadlines when pursuing various damages.
There are strict time limits for filing claims in New York. A lawyer will ensure you meet all necessary deadlines. In New York, you generally have three years from the date of the accident to file a personal injury lawsuit.
However, there are other important deadlines to consider, such as the 30-day window to file a no-fault insurance claim.
Contact The Law Office of Frank J. Cassisi, P.C., If You’ve Been Rear-Ended in New York City
According to the New York City Comptroller, over 18,800 personal injury claims were filed in 2023. Having legal representation can make filing these claims significantly easier and more straightforward.
Being rear-ended in New York City can be a stressful and potentially life-altering experience. While not every accident requires legal representation, consulting a knowledgeable rear-end collision attorney can provide valuable guidance and protection.
At the Law Office of Frank J. Cassisi, P.C., we understand the complexities of rear-end collision cases and are committed to helping our clients navigate the legal process. If you’ve been rear-ended in New York City or Long Island, don’t hesitate to reach out to the Law Office of Frank J. Cassisi, P.C., at 516-294-5050 for a consultation.
FAQ
How Long Do I Have To File a Lawsuit After a Rear-End Collision in New York?
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, consulting with an attorney as soon as possible is smart to ensure you don’t miss any important deadlines.
Can I Still Recover Damages If I Was Partially at Fault for the Rear-End Collision?
Yes, New York follows a comparative negligence rule. This means you can still recover damages even if you were partially at fault for being rear-ended, but your compensation may be reduced by your percentage of fault.
What Types of Compensation Can I Receive for a Rear-End Collision in New York?
You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and other related costs. An experienced attorney can help you determine the full extent of your potential compensation.
