Usually, the rear vehicle is legally to blame in a rear-end collision, but this is not always the case. There is what is known as a legal presumption, but it can be overcome by evidence to the contrary.
In New York, no-fault laws mean that blame is only an issue when the injuries are severe enough to pass the threshold for a lawsuit. There are several ways to approach this, so always speak with an experienced attorney to discuss your options.
The presumption of liability in a rear-end crash
According to decisions handed down by New York courts, a rear-end crash is prima facie — on its face — evidence that the driver of the second vehicle (the striking vehicle) was negligent and that the driver of the first vehicle (the struck vehicle) was not. The rear vehicle is often ticketed for violating New York Vehicle and Traffic Law 1129, which prohibits following too closely.
Rear car liability is a rebuttable presumption — the defendant driver of the second vehicle has the burden of presenting evidence showing they were not negligent. This is not easy to do, but it can be successful in certain situations. Some examples include:
- The front driver cut off the rear driver before stopping suddenly
- An emergency in the road required the second driver to speed up
- A mechanical failure led to the crash
Common causes of rear-end collisions
Approximately 2,000 people are killed annually in rear-end collisions in the U.S. According to the National Transportation Safety Board, the most common causes of these crashes include:
- Driver inattentiveness
- Failure to maintain a safe distance
- Speeding
- Distracted driving
- Dangerous weather or road conditions
- Automotive mechanical problems
Most of these crashes are avoidable. Your attorney can help you gather the evidence needed to prove who or what was to blame.
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Recovering compensation for rear-end injuries in New York
Even though the rear driver is usually at fault, this does not always matter. New York’s no-fault insurance laws mean an injured party must seek compensation under their own insurance policy, regardless of fault, unless the injuries qualify as “serious.” PIP coverage provides reimbursement for medical expenses and other economic losses.
If your injuries are serious, a lawyer can help you establish your right to pursue a personal injury lawsuit. This can provide complete financial recovery because it allows you to pursue compensation for non-economic losses such as pain and suffering.
Other factors that will affect your recovery
Liability is not the only question in a car crash case. If you are pursuing a claim, many other factors can affect your compensation, including:
- Economic losses — The total out-of-pocket costs, including medical bills, property damage, and lost income, all play a role in the amount of a settlement or verdict.
- Medical history — Even if the driver was negligent, they are not liable for injuries or medical conditions that existed before the accident, though they may be legally responsible for aggravating them.
- Non-economic losses — If you are permitted to step outside the no-fault system and file a lawsuit, damages for physical pain, emotional suffering, and loss of consortium may affect your overall recovery.
- Intangible impressions — The impression you or your witnesses make on insurance adjusters and juries can affect how your credibility is judged. Even if liability is clear, you still must prove your injuries and related losses, including how the accident has impacted your life.
The skilled New York City car accident lawyers at Douglas & London take these variables into account when advocating for maximum compensation for your injuries.
Contact us today at Douglas & London
If you or a loved one has been injured in a rear-end collision in New York, do not make assumptions about the outcome. Discuss your case with us for free. Deadlines limit the time you have to pursue a claim, so call today.
