Rear-End Accident Lawyers: Fighting for Injured Drivers
Have you been injured in a rear-end collision in Manhattan? These accidents are all too common on our congested streets, often resulting in serious injuries like whiplash, back problems, and concussions. If another driver hit you from behind, you shouldn't have to suffer the consequences alone. At Veridian Legal, our experienced Manhattan rear-end accident lawyers are dedicated to protecting your rights and fighting for the maximum compensation you deserve.
Understanding Rear-End Accidents in Manhattan
Rear-end collisions occur when a vehicle crashes into the back of another vehicle. In Manhattan, these accidents are often caused by a combination of factors, including:
Distracted Driving: Distracted driving is a leading cause of rear-end collisions in Manhattan and across the country. Drivers who are texting, talking on the phone, eating, or grooming are not fully focused on the road and may not react in time to avoid an accident. Even seemingly minor distractions can have serious consequences.
Following Too Closely (Tailgating): Tailgating is another major cause of rear-end accidents. When drivers follow too closely, they don't have enough time to react if the car in front of them suddenly brakes or stops. This is especially dangerous in Manhattan, where traffic is often stop-and-go.
Speeding: Speeding reduces a driver's reaction time and increases the severity of a collision. Even exceeding the speed limit by a small amount can significantly increase the risk of a rear-end accident. In Manhattan, where there are many pedestrians and cyclists, speeding is particularly dangerous.
Sudden Stops: Sudden braking can lead to a rear-end crash if the driver behind isn't maintaining a safe following distance. This is common in Manhattan, where traffic flow can be unpredictable due to congestion, pedestrians, and double-parked vehicles.
Hazardous Road Conditions: Slippery roads, poor visibility due to weather or lighting conditions, and unexpected obstacles (such as potholes, construction debris, or double-parked vehicles) can all contribute to rear-end accidents.
Other Factors: Other factors that can contribute to rear-end collisions in Manhattan include:
Aggressive Driving: Aggressive driving behaviors, such as weaving in and out of traffic, tailgating, and speeding, can increase the risk of accidents.
Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver's judgment and reaction time, making them more likely to cause a rear-end collision.
Drowsy Driving: Drowsy driving can be just as dangerous as drunk driving. Drivers who are tired or fatigued may not be able to react quickly enough to avoid an accident.
Vehicle Defects: Faulty brakes, worn tires, or other vehicle defects can also contribute to rear-end collisions.
Why You Need a Manhattan Rear-End Accident Lawyer
Our experienced legal team will::
We understand New York's no-fault laws and serious injury threshold: New York's no-fault insurance laws can be complex and confusing. We can help you navigate the system, determine if your injuries meet the serious injury threshold, and file a lawsuit if necessary.
We know how to deal with insurance companies and fight for a fair settlement: Insurance companies are often more interested in protecting their profits than paying you what you deserve. We have extensive experience negotiating with insurance companies and will fight aggressively to secure a fair settlement for your injuries and losses.
We can help you gather evidence and build a strong case for liability: Building a strong case requires thorough investigation and evidence gathering. We will help you collect police reports, witness statements, medical records, and other evidence to support your claim.
We can take your case to court if necessary and fight for the maximum compensation you deserve: If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court and fight for your rights before a judge and jury.
We'll provide compassionate support and guidance throughout the legal process: We understand that being involved in a car accident can be a traumatic experience. We'll provide compassionate support and guidance throughout the legal process, ensuring you understand your rights and options every step of the way.
Common Rear-End Accident Injuries
Rear-end collisions often cause:
Whiplash:
Whiplash is a common neck injury caused by the sudden back-and-forth movement of the head in a rear-end collision. Symptoms can include neck pain, stiffness, headaches, dizziness, and even memory problems. Diagnosis often involves a physical exam, X-rays, and possibly an MRI. Treatment may include pain medication, physical therapy, and chiropractic care.
Back Injuries:
Rear-end collisions can cause a variety of back injuries, including sprains, strains, herniated discs, and even fractures. Symptoms can range from mild back pain to severe pain, numbness, and weakness. Diagnosis often involves a physical exam, X-rays, and possibly an MRI or CT scan. Treatment may include pain medication, physical therapy, injections, and in some cases, surgery
Head Injuries:
Even without a direct impact to the head, rear-end collisions can cause concussions and other traumatic brain injuries. Symptoms can include headaches, dizziness, confusion, memory problems, and difficulty concentrating. Diagnosis often involves a neurological exam and imaging tests such as a CT scan or MRI. Treatment may include rest, observation, medication, and cognitive rehabilitation.
Other Injuries:
Rear-end collisions can also cause a variety of other injuries, including:
Soft Tissue Injuries: Sprains, strains, and contusions (bruises) to muscles, tendons, and ligaments.
Broken Bones: Fractures to the ribs, arms, legs, and other bones.
Internal Injuries: Damage to internal organs, such as the spleen or liver.
Psychological Injuries: Anxiety, depression, and PTSD can also result from a car accident
What to Do After a Rear-End Accident in Manhattan
Follow these steps after an NYC rear-end accident:
Ensure Safety First: Check yourself and your passengers for injuries. If anyone is injured, call 911 immediately. If the vehicles are creating a hazard, move them to a safe location if possible. Otherwise, turn on hazard lights and use flares or reflective triangles if you have them.
Call the Police: Always report the accident to the police, even if it seems minor at first. A police report is an official record of the accident and can be crucial evidence in your case. Obtain the name and badge number of the responding officer and ask how to get a copy of the report.
Exchange Information: Get the other driver's name, contact information, insurance information, driver's license number, and vehicle information (make, model, year, license plate number). If there are any passengers in the other vehicle, get their information as well.
Document the Scene: If possible and safe to do so, take photos or videos of the accident scene, including the position of the vehicles, damage to the vehicles, road conditions, traffic signals, and any visible injuries.
Gather Witness Information: If there were any witnesses to the accident, get their names and contact information. Witness testimony can be valuable evidence in your case.
Seek Medical Attention: Even if you don't feel injured immediately, it's important to get checked out by a doctor as soon as possible. Some injuries, like whiplash, may not show symptoms right away. Delaying medical treatment can also hurt your claim.
Contact a Rear-End Accident Lawyer: Before you speak to any insurance adjusters, contact an experienced rear-end accident lawyer. An attorney can protect your rights and help you navigate the legal process.
Legal Recourse and Damages
If you were injured in a rear-end accident you may be able to recover the following damages:
Medical Expenses:
Past Medical Expenses: This includes all medical costs incurred from the date of the accident up to the present, such as ambulance fees, emergency room treatment, hospitalization, surgery, doctor visits, physical therapy, chiropractic care, medication, and medical equipment.
Future Medical Expenses: If your injuries require ongoing treatment or care, you can also seek compensation for future medical expenses. This may include future surgeries, rehabilitation, medication, and long-term care.
Lost Wages: This covers any income you have lost as a result of your injuries, including wages, salary, bonuses, commissions, and self-employment income.
Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income in the future, you may be able to recover compensation for this loss of earning capacity.
Pain and Suffering: This compensates you for the physical pain, emotional distress, mental anguish, and diminished quality of life caused by your injuries.
Property Damage: This includes the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
Other Damages: Depending on the circumstances of your case, you may also be able to recover compensation for:
Loss of consortium (loss of companionship and support from your spouse)
Loss of enjoyment of life (inability to participate in hobbies and activities you enjoyed before the accident)
Disfigurement or scarring
New York's "No-Fault" Insurance Law
It is important to understand New York’s no-fault law if you are in a rear-end accident:
No-Fault Coverage: New York is a "no-fault" insurance state, which means that regardless of who is at fault in an accident, your own insurance company will cover your initial medical expenses and lost wages, up to the limits of your Personal Injury Protection (PIP) coverage.
Serious Injury Threshold: To step outside of the no-fault system and file a lawsuit against the at-fault driver, you must have suffered a "serious injury" as defined by New York Insurance Law Section 5102(d). Serious injuries include:
Death
Dismemberment
Significant disfigurement
Fracture
Loss of a fetus
Permanent loss of use of a body organ, member, function, or system
Permanent consequential limitation of use of a body organ or member
Significant limitation of use of a body function or system
Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment
Benefits of No-Fault: The no-fault system is designed to provide quick and efficient compensation for minor injuries and avoid litigation for small claims.
Limitations of No-Fault: However, the no-fault system can also be limiting for those with serious injuries, as it may not cover all of their medical expenses and lost wages. Additionally, it does not provide compensation for pain and suffering.
The Presumption of Liability in Rear-End Crashes
There is a power law if you were in a rear-end accident:
Rear-End Collision Presumption: In New York, there is a legal presumption that the driver who rear-ends another vehicle is at fault for the accident. This means that the burden of proof shifts to the rear-ending driver to prove they were not negligent.
Powerful Tool for Victims: This presumption can be a powerful tool for rear-end accident victims, as it makes it easier to establish liability and recover compensation.
Exceptions to the Presumption: However, there are some exceptions to this presumption, such as when the lead driver stops suddenly or unexpectedly, or when there are hazardous road conditions.
Experienced Legal Representation: It's important to have an experienced rear-end accident lawyer who can effectively utilize this presumption to your advantage and overcome any challenges to your claim.
FAQs About Rear-End Accidents in Manhattan
Q: What if the other driver doesn't have insurance?
A: If the other driver is uninsured or underinsured, you may be able to file a claim with your own insurance company under your uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage is designed to protect you in these situations. It's important to have this coverage and to contact your insurance company as soon as possible after the accident. We can help you navigate this process and ensure your rights are protected.
Q: What if I was partially at fault for the accident?
A: New York is a comparative negligence state, which means you can still recover compensation even if you were partially at fault for the accident. However, your damages will be reduced in proportion to your degree of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. Our experienced attorneys will work to minimize your percentage of fault and maximize your recovery.
Q: How long do I have to file a lawsuit after a rear-end accident?
A: In New York, the statute of limitations for a car accident lawsuit is generally three years from the date of the accident. However, there may be exceptions depending on the specific circumstances of your case, such as if the accident involved a government vehicle or if you were injured as a minor. It's crucial to contact an attorney as soon as possible to ensure you don't miss any deadlines.
Q: What if the other driver claims I slammed on my brakes?
A: If the other driver claims you slammed on your brakes, we will investigate the accident thoroughly to gather evidence to refute their claims. This may include witness statements, dashcam footage, surveillance footage, or "black box" data from your vehicle. We will work to establish the other driver's negligence and prove that they were following too closely or not paying attention.
Q: How do I prove the other driver was tailgating?
A: Proving tailgating can be challenging, but there are several types of evidence we can use, including:
Witness statements: If there were any witnesses who saw the other driver tailgating, their testimony can be valuable.
Police reports: The police report may indicate if the officer believed tailgating was a factor in the accident.
Damage pattern on the vehicles: The pattern of damage on the vehicles can sometimes indicate if one vehicle was following too closely.
Admissions by the other driver: If the other driver admits to tailgating, this can be strong evidence in your favor.
Q: What if I was also partially at fault?
A: Even if you were partially at fault for the accident, you may still be able to recover compensation under New York's comparative negligence law. We will work to minimize your percentage of fault and maximize your recovery.
Q: What are the most common injuries in rear-end accidents?
A: Rear-end collisions often cause whiplash, back injuries (sprains, strains, herniated discs), head injuries (concussions), and other soft tissue injuries. The severity of these injuries can vary depending on the speed of the vehicles, the types of vehicles involved, and whether you were wearing a seatbelt.
Q: How much compensation can I expect to receive?
A: The amount of compensation you can receive will depend on several factors, including the severity of your injuries, the extent of your damages (medical expenses, lost wages, pain and suffering), and the strength of your case. We will work to maximize your recovery and ensure you receive fair compensation for your losses.
Contact Our Rear-End Accident Lawyers in Manhattan Today
If you've been injured in a rear-end collision in Manhattan, don't wait to seek legal help. Contact Veridian Legal today for a free consultation. We'll review your case, answer your questions, and discuss your legal options.