Manhattan Rear-End Accident Lawyers
Rear-End Accident Lawyers in Manhattan, NY
Although rear-end accidents are very common and can be just as dangerous as other types of car accidents such as head-on collisions or vehicle rollovers. According to the National Transportation Safety Board, over 28% of car accidents are rear-end collisions, resulting in more than 2000 fatalities each year. If you or someone you know has been injured in a rear-end accident caused by a distracted driver, you may be able to file a personal injury claim. If you have been involved in a rear-end accident in New York City, you can receive a free consultation from our Manhattan rear-end accident lawyers at Rosenberg & Rodriguez. These accidents often happen in bustling areas like Brooklyn. Please reach out to us without delay.
Top Causes Of Rear-End Collisions In Manhattan, NY
In most cases of a rear-end accident, the driver who was following too closely is at fault. This is because all drivers are required to maintain a safe distance from the car ahead and be aware of traffic conditions. Rear-end collisions usually happen when the following driver:
- Tailgates
- Speeds
- Drives under the influence
- Gets distracted, such as by texting, grooming, or talking to someone else in the car
- Fails to account for weather or road conditions, like fog, ice, dust, rain, or snow
- Poorly maintains vehicle equipment that impedes the proper functioning of brakes.
Whiplash is a common injury caused by rear-end crashes. It occurs when the head is forced to quickly move backward and then forward, leading to considerable harm to the neck. This injury can require extensive medical treatment and may have long-lasting effects.
Average Compensation for a Rear-End Car Accident
To seek compensation from another driver after an accident in New York, it’s crucial to know how the state’s no-fault auto insurance system works. By law, all drivers must have specific types of auto insurance, which includes no-fault coverage. This means drivers are required to have Personal Injury Protection (PIP) coverage and auto liability insurance. PIP coverage will pay for any medical expenses incurred as a result of the accident, regardless of who caused it. Auto liability insurance covers the injuries and damages caused by an accident that is your fault. You must have a minimum of $50,000 PIP coverage. The types of compensation you can obtain from your own PIP insurance policy are limited to:
- Reasonable medical costs related to the accident
- 80 percent of any lost income from missed work, up to a maximum of $2,000 per month for as long as three years after the accident
- Up to $25 per day for reasonable and necessary incidental expenses, such as the costs of hiring household help or traveling to medical appointments
- Up to $2,000 in death benefits payable to the deceased’s estate
If you have a standard PIP policy, you won’t be fully compensated for non-economic losses, such as pain and suffering, or lost wages. To claim a wider range of compensation from the at-fault driver, you must prove that you have suffered a severe injury and are eligible to take legal action against them. Under New York law, a serious injury is defined as any injury that results in:
- One or more bone fractures
- Significant disfigurement
- Significant limitations on the use of bodily functions or systems
- Permanent limitations on the use of body organs or members
- A substantially full disability lasting at least 90 days
If you have been in an accident where another driver is at fault and you were seriously injured, seeking help from Manhattan rear-end accident lawyers can assist you in demanding full compensation. This can be achieved through filing an insurance claim or a personal injury lawsuit against the driver responsible for the accident.
Comparative Negligence and No-Fault Rules in New York
It’s important to keep in mind that in New York, the pure comparative negligence rule is applied to rear-end car accident cases. This means that both parties involved in a civil lawsuit can be held partially responsible for the incident through comparative negligence. If a driver rear-ends another car in a car accident, they could potentially be held responsible. According to the comparative negligence rule, the driver of the first car may also share some responsibility for the accident if they did something that contributed to it, such as driving with broken tail lights or reversing without warning. If you have been rear-ended by another driver, seeking advice from a personal injury lawyer can assist you in understanding your legal rights and figuring out whether there is any shared responsibility for the accident.
If you own a car that is registered and licensed in New York, you need to have no-fault insurance coverage because it is a no-fault state. This insurance will provide coverage up to $50,000 for any individual injured in a car accident, regardless of who is at fault. It’s worth noting that this insurance policy only covers personal injuries and not damages to vehicles.
If you’re in New York, the no-fault insurance policy might affect your ability to file a personal injury lawsuit. This means that your injuries need to be more serious or your losses must be over the economic limits of the policy. For instance, if you have broken bones, significant disfigurement, or a major limitation of a body function or organ system, you may be able to pursue a personal injury claim even with the no-fault policy in place. To understand more about how New York’s no-fault policy works and determine if you can make a personal injury claim, it’s best to talk to a Manhattan rear-end accident lawyer as soon as possible.
Frequently Asked Questions
Who Is at Fault in a Rear-End Car Accident?
To clarify fault in a rear-end accident, consider this example: Driver A is driving on a busy street and unexpectedly sees a stop sign. Driver A slams on the brakes and comes to a sudden stop. Driver B then collides with the back of Driver A’s car, causing damage. In this situation, who is considered at fault?
In New York and other states, when one vehicle hits another from behind, the driver who did the rear-ending is typically considered responsible for the accident because of negligence. Yet, if it’s uncertain who was at fault, an investigation is required to determine who is responsible. For example, if both drivers were speeding, but one suddenly stopped without signaling, resulting in a collision with the other driver, they could be held liable.
Typically, if two cars collide, the driver who hits the car in front is held responsible. However, there are occasions when the driver in front stops or reverses suddenly, causing the accident. In such instances, determining fault relies on the driver’s ability to prove that they were not accountable for the collision.
How Do I Prove Fault After A Rear-End Accident In Manhattan, NY?
To prove negligence, it is necessary to demonstrate that someone had a duty to take care of you and failed to fulfill it. For instance, when driving, duties such as adhering to the speed limit and obeying traffic signals apply. Neglecting these responsibilities and causing an accident can deem you negligent. Other negligent behaviors also exist.
- Not looking for hazards
- Failure to stop within a reasonable amount of time
- Losing control of the vehicle
- Not yielding to the right of way
- Following too closely to the leading vehicle
- Turning or merging without signaling
In order to be eligible for compensation, you must prove that the other driver broke traffic laws and that the accident resulted in physical harm, property damage, or damage to your vehicle. If there was no harm or damage, it may be difficult to pursue compensation.
Contact Our Manhattan Rear-End Accident Lawyers Today
If you or someone you care about has been severely injured in a car accident, legal complications may arise. To receive the help and representation you need to get compensation for your losses, contact the Manhattan rear-end accident attorneys at Rosenberg & Rodriguez. With over 70 years of combined experience, we have successfully assisted many victims of these accidents in recovering financially. Call our office today for a free consultation and to learn more about how we can help you.