New York Rear-End Accident Lawyer

Common Causes of Rear-End Accidents in New York

The driver in the rear typically causes a rear-end collision. In most cases, the driver fails to keep a safe distance from the driver in the front, or “tailgates” the car. Collisions occur when the front driver must stop at a stop sign or traffic light, or when the driver slows down to make a turn. If the rear driver followed too closely, the driver may have no way to avoid a collision.

Rear-end accidents also occur where the rear driver:

• Speeds and leaves little to no time and distance to brake on time (Tailgating)
• Driving while distracted (such as texting or talking on a phone)
• Driving under the influence of alcohol and/or drugs
• Drives while fatigued or falling asleep at the wheel
• Operates a car with defective equipment such as faulty brakes.

Don’t be fooled, though. The lead driver can also be to blame for the crash. For example, the driver in front can cause an accident when the driver:

• Fails to use a signal to make lane changes or turns
• Suddenly darts or dodges
• Slams on the brakes or unexpectedly slows down
• Drives with broken tail lights.

In a complex case such as a chain reaction crash, more than one person may be at fault for your injuries. Your case could require bringing claims against several parties. A skilled and experienced car accident lawyer at Zlotolow & Associates will get to work right away on your case, determine how your crash happened, and identify everyone who should be held responsible.

Our representation of you will be a true team effort. Our office has many experienced staff members, from paralegals to investigators. We will all be committed to pursuing maximum compensation for your injuries.

Who Is at Fault in a New York Rear-End Collision?

Those causes matter, but New York law does not start from a blank slate. When a vehicle strikes a stopped or stopping vehicle from behind, the law applies a presumption of negligence against the driver in back. The burden shifts: you do not have to begin by proving the other driver was careless, because that driver has to come forward with a non-negligent explanation for the crash.

That presumption is why rear-end claims are often resolved on liability faster than other car accident cases — and it is exactly why insurance companies work so hard to find an exception. The explanations they raise are usually drawn from the lead-driver conduct listed above, or from mechanical failure and road conditions the rear driver claims could not have been anticipated.

Even if some share of fault is assigned to you, that is not the end of your claim. New York follows pure comparative negligence, which means your compensation is reduced by your percentage of fault rather than eliminated. A driver found 20 percent at fault still recovers 80 percent of their damages. That is why it is worth having a lawyer review a claim an insurance adjuster has already told you is partly or entirely your own fault.

Rear-Ended by a City Bus, MTA or Sanitation Vehicle?

A crash involving a New York City or MTA vehicle runs on a far shorter deadline than an ordinary claim. Before you can sue, you must serve a Notice of Claim within 90 days of the accident — under General Municipal Law §50-e for City agencies such as the Department of Sanitation, and under Public Authorities Law §1212 for the MTA and New York City Transit Authority. Missing that 90-day window can end the case entirely, no matter how clear the other driver’s fault was. If a government vehicle rear-ended you, treat the claim as urgent and speak to a lawyer before that clock runs out.

Common Injuries in NYC Rear-End Collisions

A wide range of injuries can occur in rear-end accidents. It does not matter whether the crash occurred at a low speed. Some of the most common types of injuries that our law firm has seen among victims of these crashes are:

• Whiplash – This is one of the most widely misunderstood injuries. It occurs when the head and neck jerk back and forth in a sudden, whip-like motion in a rear-end crash. Tissues in the neck hyperextend, which can create a lot of pain and soreness and greatly limit a person’s range of motion in the neck. Many victims suffer from extreme difficulty with turning their heads, bending down, doing daily chores, sleeping, and engaging in other activities. The symptoms can last weeks to months. They may lead to debilitating headaches. Whiplash is a serious injury: Don’t let the insurance company tell you it isn’t.
• Head and brain injuries – When a person is struck from behind in a car accident, the person’s head can strike interior parts of the vehicle like the dash, steering wheel or side of the door or window. The harm can range from minor discomfort to more serious injuries such as traumatic brain injury, skull fracture or bleeding within the skull.
• Broken bones – A fracture can put a person out of work for several weeks or months. Even seemingly small fractures can lead to long-term complications.
• Muscle or ligament injuries – Insurance companies often try to treat so-called “soft-tissue” injuries as minor injuries. However, painful ligament or tendon injuries can require complex surgeries to repair. Muscle pains and disc injuries are also very common in rear-end collisions.
• Scarring and disfigurement – If a person slams into the dash or steering wheel or suffers a severe cut, it can lead to a permanent scar.

Rear-End Truck Accidents

Being rear-ended by a tractor-trailer, box truck or delivery van is not the same case as being rear-ended by a car. A loaded commercial vehicle needs far more distance to stop, so a following distance that is merely careless in a passenger car becomes dangerous in a truck. The forces involved are also far greater, which is why the injuries above tend to be more severe when the vehicle behind you was a truck.

These claims also involve more potential defendants and more evidence. Alongside the driver, responsibility may be shared by:

• The trucking company that employed the driver or set the delivery schedule
• The owner of the tractor or trailer, where that is a separate company
• A maintenance contractor responsible for the vehicle’s brakes
• A cargo loader, where an overloaded or shifting load affected stopping distance.

Much of the proof sits in the truck’s own records — hours-of-service logs, the electronic logging device, maintenance history, and in many cases the vehicle’s event data recorder. Carriers are only required to preserve some of that material, and only for a limited period, so a preservation letter needs to go out early. That is one of the first steps we take in a commercial vehicle case.

Do I Need a Lawyer for a Rear-End Accident?

If you walked away uninjured and the damage is cosmetic, you probably do not. It is worth speaking with a lawyer when any of the following is true:

• Your injuries appeared later. Whiplash and soft-tissue injuries often do not present for 24 to 72 hours, and by then you may already have given the insurance company a recorded statement saying you were fine.
• Your no-fault benefits have been denied or cut off, or you have been scheduled for an Independent Medical Examination.
• You are still treating, and no one has told you whether your injury meets New York’s serious injury threshold — the test that decides whether you can recover for pain and suffering at all.
• The insurance company has already made an offer. An early offer almost always arrives before the full cost of the injury is known.
• Fault is being disputed despite the presumption described above.

A consultation costs nothing, and we collect a fee only if and when we recover compensation for you. The practical question is rarely whether it is worth calling — it is whether you call before or after the insurer has locked in your account of what happened.

How Can a Lawyer Help After a Rear-End Collision in New York City?

Your attorney from Zlotolow & Associates will carefully investigate your case to determine all of your possible options. For instance, you may be able to go beyond personal injury protection (PIP) benefits and pursue compensation through the at-fault driver’s liability insurance. We can demand a settlement from the other driver’s insurance company. If necessary, we file a lawsuit and take your case to trial. Our attorneys know how to get results for our clients.

We will never leave you in the dark about the status of your case. We will always be available to answer your questions and talk about the progress of your claim.

Additionally, our office routinely helps clients with their property damage claims. After all, if you have no vehicle, it can be difficult to move on with your life or to get to doctor’s appointments. We take pride in the exceptional service that we provide to each and every one of our clients.

Results for Our Car Accident Clients

• $1,250,000: Verdict for motor vehicle victim with neck injury.
• $875,000: Back injury motor vehicle accident.
• $2,500,000: Automobile accident resulting in serious injury.

Attorney Advertising. Prior results do not guarantee a similar outcome. See more of our results.

Our NYC Rear-End Collision Attorneys Will Go to Work for You Today

For more than two decades, the attorneys of Zlotolow & Associates have fought for injured New Yorkers. Our aggressive trial lawyers will not settle your case for less than it is worth just so we can quickly move on to the next client. We will fight for maximum compensation for you.

Additionally, our law firm will not charge you anything to get started on your case. We will collect legal fees only if and when we recover compensation for you. Contact us now to schedule your confidential free consultation. We handle rear-end collision claims across New York City and throughout Long Island, from our offices in Manhattan and Melville — serving Nassau and Suffolk County, including Hempstead, Deer Park, Hauppauge, Babylon and Huntington.