Queens Rear-End Accident Lawyers
Queens Rear-End Accident Lawyers Fighting For You
Although rear-end accidents are the most common type of car accident worldwide, they can still result in severe damages and injuries similar to head-on collisions or vehicle rollovers. The National Transportation Safety Board (NTSB) reported that rear-end accidents account for more than 28% of all car crashes and cause over 2000 fatalities annually.
If you or someone you know has been injured in a rear-end accident caused by the driver behind them not paying attention, it’s possible that you may be able to file a personal injury claim. These types of accidents usually occur in busy areas like Brooklyn. Our Queens rear-end accident lawyers at Rosenberg & Rodriguez offer a free consultation, so don’t hesitate to contact us.
Negligence Often Causes Rear-End Collisions
Typically, if there is a rear-end accident, the driver who was following too closely is usually responsible. The rules of the road state that all drivers must keep a safe distance between themselves and the car in front of them and be aware of the traffic conditions. These accidents tend to occur when the following driver:
- 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.
Rear-end crashes often cause whiplash, which happens when a person’s head is thrown back and then suddenly jerked forward. This can result in significant and long-lasting damage to the neck, requiring extensive medical treatment.
Compensation for a Rear-End Car Accident
It’s important to understand how New York’s no-fault auto insurance system can affect your ability to seek compensation from another driver following an accident. New York state law mandates that drivers must have certain types of auto insurance, which includes no-fault coverage. According to the law, drivers need to have both Personal Injury Protection (PIP) coverage and auto liability insurance. PIP coverage takes care of any medical costs related to an accident, whether you caused it or not. Meanwhile, auto liability insurance pays for injuries and damages that other people experience as a result of an accident that you caused. The minimum amount of PIP coverage required is $50,000.
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 receive complete compensation for lost wages or non-economic losses like pain and suffering. However, if you want to claim a broader range of compensation from a driver responsible for the accident, you need to establish that you suffered a severe injury and are qualified to take legal action against the responsible driver.
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 were seriously injured in an accident that was caused by another driver’s fault, you can receive help from orur Queens rear-end accident lawyers to demand full compensation. We will achieve this by filing an insurance claim or personal injury lawsuit against the driver who caused the accident.
Comparative Negligence and No-Fault Rules in New York
Remember that in a rear-end car accident case in New York, the pure comparative negligence rule applies. This means that both parties involved in a civil lawsuit can be held partly responsible for the incident under the legal concept of comparative negligence. In case of a car accident where a motorist rear-ends another car, the responsible party may be found liable. However, according to the comparative negligence rule, if the driver of the first car did something that contributed to the accident (like driving with broken tail lights or reversing without warning), they may also be found partially liable. If you have been rear-ended by another motorist, consulting a personal injury lawyer can help you understand your legal rights and determine whether there is shared responsibility for the accident.
If you have a car registered and licensed in New York, you’re required to have no-fault insurance coverage since it’s a no-fault state. This means that if anyone is injured in a car accident, regardless of who is at fault, they’ll be covered up to $50,000 under the no-fault insurance. It’s important to note that this insurance policy doesn’t cover damages to vehicles, only personal injuries.
In New York, the no-fault insurance policy can impact your capability to file a personal injury lawsuit. To do that, your injuries must be more severe or your losses must surpass the monetary limits of the policy. Examples of injuries that may permit you to file a personal injury claim beyond the no-fault policy are broken bones, significant disfigurement, and significant limitation of a body function or organ system. To learn about New York’s no-fault policy and find out if you can file a personal injury lawsuit, it is recommended that you speak with a Queens rear-end accident lawyer today.
Frequently Asked Questions
Who Is at Fault in a Rear-End Car Accident?
To better explain fault in a rear-end accident, take this scenario: Driver A is driving on a busy street and suddenly notices a stop sign. Driver A hits the brakes hard and comes to a sudden stop. At that moment, Driver B crashes into the back of Driver A’s car, causing damage. Who is at fault in this situation?
Usually, in New York and other states, the driver who rear-ends another vehicle is at fault for the accident due to negligence. However, in cases where it is not clear who caused the accident, an investigation must determine whose negligence led to the collision. For instance, in a scenario where both drivers may have been speeding, the driver who suddenly stops without warning, causing the other driver to crash into them, may be held responsible.
Typically, when a car accident occurs, the driver of the car that rear-ends the other vehicle is considered at fault. Nevertheless, there are situations when the front driver suddenly stops or backs up, leading to a collision. In these cases, determining fault depends on the driver’s ability to provide evidence that they were not responsible for the accident.
How Do I Prove Fault After A Rear-End Accident In Queens, NY?
If you want to prove negligence, you need to show that someone had a responsibility to take care of you and they did not fulfill that duty. When you are driving, following the speed limit and obeying traffic signals are some examples of duties that you have to fulfill. If you do not follow these rules and as a result, an accident happens, you may be considered negligent. There are also other careless activities that fall under negligence.
- 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 seek compensation, you need to first demonstrate that the other driver violated traffic laws. Furthermore, you also need to provide evidence that the accident caused bodily harm, property damage, or damage to your vehicle. If there was no harm or damage caused by the accident, it may be challenging to pursue any compensation.
Contact A Queens Rear End Accident Lawyer Today
If you or a loved one has been seriously injured in a car accident, there may be legal issues that are more complicated than you initially thought. To receive the necessary support and representation to obtain compensation for your damages, reach out to Rosenberg & Rodriguez and speak to one of our Queens rear-end accident attorneys today. With a combined experience of over 70 years, we have effectively helped thousands of victims of such accidents on their road toward financial recuperation. Contact our office now for a free consultation and to find out more about how we can assist you.