Rear End Collisions
Rear-end collisions happen when one car hits another car from behind. There are many reasons why these types of accidents happen, including tailgating, distracted driving, brake failure, broken or improperly maintained taillights, or a chain reaction. If you are injured in a rear-end collision, you should retain an experienced New York City car accident attorney. Injuries from rear-end collisions can take a long time to heal, and they may require physical therapy or other medical appointments that require you to take time off from work. For most people, it is stressful to take time off from work without knowing whether the bills will be covered, with simultaneously not being able to earn money. If the other driver was at fault, you can hold them responsible through a personal injury lawsuit. At Newman, Anzalone & Newman, we are ready to assist you.Cases Arising from Rear-End Collisions
Common injuries sustained by the front driver in a rear-end collision are to the back, spine, and neck. Disc herniations, disc bulge, cervical and lumbar radiculopathy, shoulder dislocation, soft tissue injuries, and adhesive capsulitis may occur. In some cases, these injuries seem minor at the scene of the accident but worsen over the course of a day or over a period of weeks.
In New York, you must first file a no-fault insurance claim with your own insurance provider after a car accident. No-fault insurance is supposed to cover up to $50,000 in medical bills and lost wages. Moreover, you can file a lawsuit against an at-fault driver if you sustained serious injuries. These injuries include dismemberment, significant disfigurement, significant limitations in how you use a bodily system or bodily function, and injuries that stop you from performing substantially all of the material actions that make up your usual daily activities for 90 days or more during the 180 days that followed the accident. In a personal injury lawsuit, your attorney can seek compensation beyond what you were paid in your no-fault claim, including lost wages, loss of earning capacity, and pain and suffering.
Sometimes rear-end collisions occur due to a statutory violation. For example, under New York Vehicle and Traffic Law section 1129, drivers are supposed to leave a safe distance after another car and not follow more closely than is prudent. They are not supposed to tailgate. When a driver violates a law and is cited at the scene of the accident, it may be possible to pursue damages under a theory of negligence per se. This can make it easier to recover simply because the standard of care is clearly defined by the law that was violated. This is similar to car crash cases involving drunk driving, which is a crime in New York.
Often, the driver in the rear is at fault in a rear-end collision, but there are situations in which a front driver can be held liable for a rear-end collision as well. For example, if the driver in front was operating a car with broken taillights, you may not have been able to hit the brakes in time and may have collided with the rear of the other car. It may be possible to hold the driver in front responsible for negligently maintaining the car.
Sometimes one or both drivers are distracted. Distractions can include construction on the road, poor weather conditions, or texting while driving. For example, if a driver turns to look at a construction site, they might miss the fact that another driver has braked and come to a stop in front of them. When both drivers are partially to blame, the jury will look at the actions of each of them and determine percentages of fault. Your damages will be reduced by your percentage of fault.Seek Guidance from a Car Accident Lawyer in New York City or Beyond
If you are seriously injured in a rear-end collision, it may be possible to recover damages through a personal injury lawsuit. You can also pursue a wrongful death claim after a fatal car accident involving a loved one. Newman, Anzalone & Newman has provided effective legal representation to rear-end collision victims in New York City since 1978. Our attorneys represent clients in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.