New York Car Accident Attorneys – Rear End Collisions
Who Is at Fault in a Rear-End Collision
One of the most common types of accidents that our NYC and White Plains car accident attorneys handle are are rear end collisions. More often than not, they caused by a car’s driver following too closely, traveling too fast or even being inattentive. Our New York City car accident attorneys are even seeing more and more cases where drivers are texting while driving or chatting on their cell phones while driving. In these situations, there is a high likelihood of a rear end collision because the driver simply is not paying attention to what is in front of them.
From our New York City (Manhattan) office, our personal injury car accident lawyers have successfully represented hundreds, if not thousand of victims of rear end collisions who suffered personal injury. From our White Plains (Westchester) office, our car injury attorneys have also handled thousands of car accident cases involving rear end collisions. The law in New York is very favorable to victims of rear end collisions and recognizes that it is presumed that one vehicle which rear ends another is presumed to be at fault, especially where the vehicle which was rear ended was stopped in traffic or moving slowly at the time.
One of the questions that our New York car accident lawyers are asked is who is at fault in a rear end collision? Our NYC and White Plains rear end accident lawyers know the law and have won numerous cases on motions by proving that the other driver violated the law by not leaving enough space between their vehicle and the vehicle in front of them. New York Vehicle and Traffic Law 1129(a) prohibits the driver of a motor vehicle from following another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic and the condition of the highway. New York’s Courts have recognized that an auto or truck driver is obligated by law to maintain safe distance between vehicles, and failure to do so, in absence of adequate nonnegligent explanation, is negligence as matter of law. In other words, if you are rear ended by another car, the law in New York presumes that the accident occurred because the vehicle that hit you violated New York’s vehicle and traffic law. Our car accident attorneys have used this law to win countless cases by making a motion to the Court before trial, and have a perfect record of winning judgments for our clients in rear end collision cases.
A rear end collision can be a terrifying event. One second you are sitting in traffic or stopped at a red light and in an instant there is a loud crash and before you know what happened you are thrown around.
What Are the Most Freqent Injuries in Rear End Collision Accidents
The mechanics of rear end collisions are notorious for causing whip lash injuries, among others. Whip lash, is not an injury in and of itself, but it is a mechanism of injury, where the body is at first thrown backward, as the car moves forward from being jolted from behind and then suddenly forward. These mechanics cause hyper-extension and contraction in the neck and back, which often causes ruptures or herniations in the discs in the spine and nerve injuries. Many people don’t experience symptoms immediately, but a day or two after the accident, their necks or backs are suddenly tight and they have pain shooting down their legs or pain shooting down their arms.
Shoulder and knee injuries are also very common with rear end collisions. Usually the driver is holding the steering wheel and they are suddenly moved forward which cases a labral or rotator cuff tear. The restraining action of the seatbelt has also been known to cause rotator cuff tears or plexus injuries known as plexopathy.
Knee injuries are also a common result from car accidents which result from rear end collisions. Typically, as the person is thrown forward, their knee impacts the dashboard or is twisted. Our personal injury attorneys are have handled all types in knee injury cases including knee fractures, meniscus tears, anterior cruciate ligament (ACL) tears, medical cruciate ligament tears (MCL) and chondromalacia, which is damage to the articular cartilage surrounding the knee bones.
Do I Have a Case if the Other Driver Claims His Brakes Failed
Our NYC car accident lawyers and White Plains car accident attorneys know that many people try to avoid liability or claim they are not at fault for rear ending a car by claiming their brakes failed. However, this is not a defense for two reasons. First, New York law requires vehicle owners to maintain their cars, so if brakes really fail, that demonstrates negligent maintenance. Also, New York law requires a driver that rear ends another vehicle to provide a non-negligent explanation for failing to maintain a safe distance. In New York Courts are exceptionally skeptical of these claims and have recognized that an unsubstantiated claim that the brakes failed is not sufficient to demonstrate a non-negligent explanation for a rear end collision.
What Are the Most Common Causes of Rear-End Collisions
National Highway Traffic Safety Institute
Rear end collissions accout for approximately twenty nine percent of all motor vehicle accidents nationally.
Insurance Institute Data
Rear end collission account for approximately twenty nine percent of all car accidents involving serious injuries.
National Highway Safety Institute
Approximately seven percent of all fatal car accident crashes were rear end collissions.
National Transportation Safety Board
Approximately 1700 people die every year in rear end collissions and over half of all two vehicle auto accidents involve rear end collissions.
Distracted Driving
Distracted driving is among the most common causes of rear end collisions because when drivers are not focusing on what the car in front of them is doing, that reduces their ability to react to the braking of vehicles in front of them.
Unsafe Speed
Driving faster than is appropriate under the circumstances is a major causal factor in rear end collisions. Even though New York’s Vehicle and Traffic Law 1180 requires drivers to operate at a speed that is reasonably safe under the circumstances, unsafe speed continues to be a frequent caues of rear end collisions.
Following Too Closely – Tailgating
When a person driving a car or truck leaves inadequate room between their vehicle and the vehicle in font of them, that reduces the reaction time that an operator has to engage their brakes. Although New York’s Vehicle and Traffic law 1129 requires each driver to leave sufficient space between their vehicle and the vehicle in front to stop in the case of an emergency, tailgaiting continues to be a major contributing factor to rear end collisions.
Weather Conditions – Wet or Icy Pavement
While weather conditions can increase the risk of car accidents, especially rear end collisions, our NYC car accident lawyers know that wet or icy pavement is not an excuse recognized by the Courts for a rear end collision because New York law requires all drivers to operate vehicles at a safe speed under the circumstances and make adjustments for weather conditions.
Texting While Driving
It is common sense that if a person is operating a vehicle while they are looking at their phone, then they are not paying attention to what is happening around them which dramatically increases the likelihood of an accident.
Our Two Locations
If you were injured in a car accident in New York City (Manhattan, Queens, Brooklyn, Bronx), call our Manhattan Car Accident Attorneys at (212) 585-0503 or if you would like a consultation with our Westchester County auto accident lawyers in our White Plains office, call us at (914) 354-3629. Our New York car accident attorneys always provide a free consultation. There is never a fee unless
we win your case.
Our New York City –
Midtown Manhattan Office
18 West 33rd Street
Suite 400
New York, N.Y. 10001
Tel: (212) 858-0503
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.