Who Is at Fault in a Rear-End Car Accident in NY?

Some of the most common types of car accidents on Long Island are rear-end accidents. These accidents often happen at stoplights, in heavy traffic, or on the highway.

These accidents can cause severe injuries, and in many cases, people automatically believe that a rear-end car crash is the fault of the person who rear-ended the car in front of them.

However, this is not always the case, and motor vehicle accidents can get complicated.

Accident victims should hire a vehicle accident lawyer in Long Island following a car accident, especially in a rear-end collision case. The injured person may be entitled to compensation from the person who is at fault.

A personal injury claim can only be made by seeking legal counsel, and the team at the Law Office of Carl Maltese has been helping accident victims in New York vehicle accidents since 1966. Victims can find out more with a free case evaluation.

New York’s No-Fault Insurance System

New York is considered a "no-fault" state. This means that following a car accident, everyone involved will use their own insurance company for things like basic medical expenses, lost wages, or other out-of-pocket costs associated with the accident. This is done thanks to personal injury protection, which New York law requires.

New York's no-fault system is good for accident related expenses that come from minor accidents, like medical bills, but what if there are serious injuries? This is when it's extremely important to know who is the at fault driver. Medical costs might be more expensive than the personal injury protection covers, and an insurance provider won't go over that.

Those who have suffered significant injuries, including broken bones, disfigurement, loss of body function, or other serious injuries may be eligible to file a personal injury lawsuit after determining fault to get fair compensation. This can also apply depending who is at fault in an intersection car accident in NY.

Why Rear-End Accidents Are Usually the Rear Driver’s Fault

Most of the time, in a rear-end collision, the driver in the back is considered to be at fault, and there is not a lot of need to go through determining liability. The reason for this is that every driver in New York has the legal duty to maintain safe following distance and remain alert to traffic conditions.

Some of the reasons why rear end drivers often find themselves in an accident is because they are doing the following:

• Following too closely to the other driver

• Distracted or texting

• Going over the speed limit

• Driving too fast for road or weather conditions

• Failing to notice the vehicle in front slowing down or stopping

New York courts and insurance companies generally assume that the rear driver had the last clear chance to avoid the accident with the lead car but failed to do so.

This, however, is not always the case. Sometimes, it is the fault of the lead car, or the parties share fault.

When the Lead Driver Might Be at Fault

In some cases, the lead driver may share or even bear primary responsibility for the accident. Here are some examples:

Sudden, Unjustified Stops

If the lead driver suddenly stops or slams on the brakes suddenly for no good reason—especially if there is no traffic or obstacle ahead—they may be partially responsible. Many rear end collisions fall into this category.

Faulty Brake Lights

If a lead vehicle's brake lights are malfunctioning or not working, the driver behind may not realize the car is stopping. This makes it more difficult to stop or avoid the car in front of them.

Reversing Unexpectedly

If the front vehicle unexpectedly backs up, such as in a parking lot or at an intersection, the driver of that car could be deemed liable for the rear-end collision.

Road Rage or Brake-Checking

Intentionally causing a rear-end collision—like brake-checking another driver during an aggressive driving episode—can shift or entirely place the blame on the lead driver.

New York's Comparative Negligence Rule

New York has a pure comparative negligence system in place. This means that even if a driver is partly at fault, they can still seek compensation. However, the compensation is reduced by the percentage of fault.

For instance, in an accident, Driver A was 20% responsible and Driver B was 80% responsible. If Driver A was awarded $100,000, they can still get $80,00 since they were 20% responsible.

Gathering Evidence to Establish Fault

Establishing fault in a rear-end collision involves ensuring that the evidence in the case supports the victim's story. Some of the most helpful forms of evidence include:

• Official police report - Officers on the scene will often assign fault based on their initial overview of the accident. The police report will have information about the scene, including property damage, any tickets that were given for breaking traffic law, and their opinion on who was the at-fault party.

• Witness statements - Any witnesses will usually have an unbiased perspective on what happened.

• Dash cam footage - Video evidence is also important, and it can prove that the rear driver might not have had a safe distance away from the lead driver.

A victim's personal injury attorney can help gather even more evidence to support a claim.

Common Injuries in Rear-End Collisions

Even though a rear-end crash may seem less serious than a head-on or side-impact crash, they can still cause significant injuries. These include:

• Neck injuries and whiplash

• Spinal injuries and herniated discs

• Traumatic brain injuries and concussions

• Fractures and broken bones

• Soft tissue injuries

In many cases, symptoms of injury might not immediately appear. This is why it's so important to seek medical attention as soon as possible.

Per New York law, there is a significant injury threshold with allows victims of car accidents to seek compensation if their own insurance can't cover all of the expenses or there is significant damage. This covers non-economic damages in car accident lawsuits.

Examples are:

• Death

• Dismemberment

• Significant disfigurement

• Fracture

• Loss of fetus

• Loss of body part or body organ

• Significant limitation of use of a body function or system

• Medically determined injury or impairment

A victim can seek legal advice to find out if they have a case. The Law Office of Carl Maltese offers a free consultation for clients. They can consult on who is at fault in a t-bone car accident in NY as well.

Why Legal Help Matters

Rear-end collisions might seem straightforward, but they can quickly become complicated. This is especially the case when there are serious injuries. A personal injury attorney can help with a civil lawsuit and do things like:

Investigate the crash

Identify all liable parties

Deal with insurance adjusters

Negotiate a fair settlement

Take the case to court if necessary

Insurance companies may try to downplay injuries or argue over who was at fault. Having a skilled personal injury lawyer is the best way to handle these cases.

The Law Office of Carl Maltese is available for legal representation and offers a no obligation consultation to talk with rear-end car accident victims about their case.