Rear-End, Lane Change, and Driveway Accident Fault in NY

Are Rear-End Collisions Always the Rear Driver’s Fault in New York?

Michael explained that Pretty much, yes. New York law is very specific. The rearmost driver has a legal obligation to maintain a safe distance from the car in front. If you rear-end someone, it's almost always your fault, no matter what excuse you give—ice on the road, the car in front stopped suddenly—you’re still responsible.

The law says drivers must account for bad weather or unexpected stops. So if there’s ice or traffic, you’re supposed to adjust your speed and increase following distance. Unless the car in front swerved into your lane unsafely, you're usually at fault in a rear-end crash.

Our firm wins these cases often just on summary judgment—because the law is that clear. Unless it's a multi-car pileup or someone abruptly swerved into your lane, rear drivers are liable.

What if the Driver in Front Cut Into My Lane?

Michael explained that If the car in front changed lanes without enough room and you hit them, then you may not be 100% at fault. But those situations are rare and still difficult to prove.

Why Lane Change Accidents Are Almost Always the Fault of the Driver Changing Lanes

Michael stated that almost always. Under New York law, you’re not allowed to change lanes unless it’s reasonably safe. And the car already in the lane has the right to continue. I hear people say “He didn’t let me in,” but guess what—he doesn’t have to. The burden is on you, the merging driver, to make sure it’s safe.

Even when two drivers change into the same lane, it comes down to who failed to exercise caution. But in general, the one making the lane change is responsible.

Who’s Responsible in Parking Lot or Driveway Exit Accidents?

Michael explained that again, almost always yes. The car entering the roadway must make sure it’s safe to do so. If they pull out and collide with a car already in the roadway, it's clear they didn’t wait until it was safe. That’s on them.

Even if they pull out just a second before you hit them, they’re responsible. Because the law expects them to wait until there’s a safe window to enter traffic.

Can You Still Be Compensated If You’re Partially at Fault?

Michael explained that New York follows a liberal comparative fault system. Even if you’re 10%, 50%, or even more than 50% at fault, you can still recover compensation. Your award is just reduced by your percentage of fault. For example, if you’re 20% at fault, you still recover 80% of the damages.