New York City Rear End Accident Lawyer
Tailgating is almost an unavoidable part of driving in New York City. It should therefore come as little surprise that rear-end collisions, a result of tailgating, are the most common type of motor vehicle accident reported, not just in the city but nationwide. Indeed, according to some estimates as many as 1-in-3 car accidents are rear-end collisions.
While New York’s no-fault insurance rules cover most minor medical bills and other financial losses arising from rear-end accidents, there are cases where victims suffer more serious–and even potentially life-threatening–injuries that exceed their policy’s limits. In these situations, a victim has the right to sue the negligent driver who caused their rear-end collision. Our New York City rear-end accident lawyer can review your case and advise you of your rights in this area. Michael Gunzburg, P.C., is a dedicated New York personal injury firm with 37 years of experience representing auto accident victims and their families.
Is the Rear Driver Always At-Fault?
You may have heard, or simply assume, that in the event of a rear-end accident, the law automatically holds the trailing driver legally liable for the collision. This is not exactly true. There is generally a presumption that the rear driver is to blame. Again, this goes back to the fact that most rear-end accidents are the result of tailgating–i.e., the rear driver following the vehicle in front of them too closely to maintain a safe stopping distance.
But presumption is not certainty. New York follows a comparative fault rule in all personal injury lawsuits. In simple terms, when a car accident leads to litigation, the judge or jury must apportion fault between all of the parties. The plaintiff always has the burden of proving the defendant was at-fault. And under comparative fault, the defendant can turn around and try to prove that the plaintiff was also (or even exclusively) at-fault.
For example, in a rear-end accident lawsuit, the defendant (the trailing driver) could claim the plaintiff (the leading driver) engaged in “brake checking,” i.e., the plaintiff suddenly slammed their brakes in an attempt to intimidate the defendant, which in turn led to the rear-end collision. A jury could decide that both parties are at-fault to some degree. Thankfully, under New York’s “pure” comparative fault, a plaintiff can still recover some compensation even if they were found mostly at-fault.
A New York City Rear End Accident Lawyer Is Here for You Today
If you sustained serious injuries in a rear-end accident that exceeds New York’s no-fault insurance limits, you can seek full compensation from the negligent defendant and their auto insurance company. Such compensation includes damages for your medical bills, rehabilitation expenses, loss of income, and even your ongoing pain and suffering. If you sustained a permanent disability, you may also seek damages for your diminished quality of life and reduced future earning potential.
If you need to speak with a qualified New York City rear-end accident lawyer, call Michael Gunzburg, P.C., at 212-725-8500 today to schedule a free initial consultation.
