In the busy streets of Brooklyn, rear-end accidents are some of the most common. Wherever they occur, they have the potential to cause significant injuries and unexpected financial hardship. While it is generally presumed that the driver at the back is responsible, not all accidents are straightforward, and recovering compensation can be an uphill battle. That being the case, understanding your rights and how the law operates is crucial to securing full and fair compensation. In this post, the team at Alex Yadgarov & Associates will be your Brooklyn car accident lawyer, explaining everything you need to know about rear-end accidents in New York.
What are the Common Causes of Rear-End Accidents in Brooklyn?
A rear-end accident is a collision between two vehicles in which one vehicle strikes the back of another vehicle in front of it. Some of the most common causes of rear-end accidents in Brooklyn include:
- Tailgating
- Distracted driving
- Speeding in congested traffic
- Aggressive and reckless driving
- Weather and road conditions
What Injuries Are Common in Rear-End Accidents?
Rear-end accidents can lead to a wide range of injuries, including the following:
- Whiplash and neck strain
- Soft tissue damage
- Back and spinal injuries
- Traumatic Brain Injury (TBI)
- Seatbelt and airbag trauma
- Wrist and arm injuries
Who is Usually at Fault in a Rear-End Accident?
When it comes to rear-end accidents, it is presumed that the driver at the back is at fault for the accident. This presumption stems from Section 1129(a) in New York Vehicle and Traffic Law (VLT).
According to the section, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and traffic upon and the condition of the highway.” However, this presumption can be rebutted by presenting the right evidence.
Can the Front Driver Be Partially Responsible for the Accident?
Yes, the driver in the front vehicle can also be partially responsible for the rear-end accident. This is thanks to New York’s pure comparative negligence rule. As an example, such a situation can happen when the driver at the front brakes suddenly or was distracted at the time of the accident.
Under the pure comparative negligence rule, a person is still able to receive compensation, but the compensation received will be reduced by the fault percentage attributable to them. For example, if the person is 40% at fault, their compensation will be reduced by 40%.
What Steps Should You Take After a Rear-End Accident?
When you are involved in a rear-end accident, doing (and not doing) the following can protect your rights and help you secure a better settlement:
- Call 911 and report the accident.
- Move to a safe location, but do not leave the scene of the accident.
- Seek immediate medical attention, even if the injury appears minor.
- Gather evidence at the scene (photographs and videos), and exchange contact and insurance information with the other driver.
- Contact your accident lawyer in New York to understand your rights and liabilities.
- Contact your insurance company and inform them about the accident.
Here are the things you should not do after an accident:
- Do not leave the scene of the accident until the authorities arrive. (Remain only if you are not injured.)
- Do not refuse or delay medical treatment.
- Do not become confrontational with the other driver.
- Do not admit fault or apologize for the accident.
- Do not make any recorded statements to insurance adjusters.
- Do not post about the accident on social media.
What Compensation Can You Recover After a Rear-End Collision?
When you’re injured in a rear-end collision, there are multiple ways to claim compensation. First, you can call on your Personal Injury Protection (PIP) coverage to take care of your medical expenses, lost wages, and other relevant expenses. Also known as no-fault insurance, you can receive this compensation, regardless of fault. The standard PIP coverage has an upper limit of $50,000. However, this can be extended by purchasing supplemental coverages.
If you want to claim compensation for non-economic losses, you need to file a personal injury lawsuit. You can only file a lawsuit when you prove the basic economic damage you’ve suffered exceeds $50,000 or that you have suffered a ‘serious injury,’ which falls under the definition of Section 5102 (d) of New York Insurance Law. You have to file your action within three (03) years of the date of the accident.
Conclusion
Rear-end accidents are quite common in the busy streets of New York. That being the case, understanding your rights and how the law operates is essential to secure a full and fair settlement after an accident.
If you’re looking to claim compensation after an accident, experienced legal representation makes all the difference. As your Queens car accident lawyer, the team at Alex Yadgarov & Associates will do everything in our power to build a case that helps you get the compensation you deserve. Contact us today and schedule your free consultation.