Injured by a Driver Who Rear-ended Your Car, Truck or SUV?
Rear-end accidents are among the most common vehicle wrecks in New York City. They can happen on any kind of road and at any speed. Though especially common in parking lots, they also happen at red lights and stop signs. They can also be dangerous, even life-threatening at high speeds, and cause catastrophic injuries and even death.
According to the Washington Post, 1.7 million rear-end collisions happen on U.S. roadways every year – about 28 percent of all vehicle wrecks according to the National Highway Traffic Safety Administration (NHTSA). Rear-end crashes kill around 1,700 people and injure approximately a half-million victims annually according to the Post. Common causes of rear-end accidents include:
- Distracted driving (i.e., texting, reading, eating, etc.)
- Heavy traffic
- Road rage
- Mechanical failure
- Fatigued driving
- Driving under the influence of alcohol or drugs.
If the driver behind you was following too closely, negating his ability to stop before colliding with you for any reason, that person is typically at fault for the accident and responsible to pay for your damages through his/her insurance company. It is important that you contact a personal injury attorney as soon as possible to determine the level of compensation you are owed for your injuries.
At Kaplan Lawyers PC, we understand how devastating rear-end accidents can be. Even with only moderate injuries, they can generate tremendous expense, require time away from work, and cause physical suffering. More severe injuries requiring long-term care and other disabilities can turn your whole world upside down for years, if not the rest of your life.
Common Injuries in Rear-End Collisions
No two accidents are identical. So, the severity of your injuries in any rear-end wreck can vary, depending on many factors, such as speed, weather, roadway conditions, seatbelt use, and more. The following is a list of some of the more common injuries that victims of rear-end accidents in New York typically suffer:
- Soft tissue injuries
- Other back or neck injuries
- Concussion and/or traumatic brain injury (TBI)
- Damage to arms, legs, ankles, and knees
- Airbag-related trauma
- Broken bones
- Internal bleeding and/or organ damage
- Vehicle damage (including property inside your vehicle)
- Wrongful death.
Who Is at Fault and
the Damages Available from the Negligent Driver’s Insurance Carrier
Most of the time, the rear-ending driver is legally at fault. There are, however, scenarios in which the front driver could be at fault. Third parties may also share some of the liability.
You should talk with an attorney experienced with read-end collisions to review the specific facts and circumstances in your case before making any conclusions about liability
Here’s what damages might be part of your settlement package from the insurance carrier (these could also be awarded in court after a successful civil lawsuit should a settlement not be reached).
- All medical bills associated with the accident for as long as treatment is necessary
- All lost income (and employee benefits) for as long as you cannot work
- Your pain and suffering (and wrongful death benefits if a family member was killed)
- All living expenses incurred as a result of your injury
- Punitive damages, if you go to court and the judge or jury chooses to award them.
We must add that just because you win these damages and are legally entitled, there is no guarantee that this driver’s insurance is adequate enough to fully cover the amount of your award. So, it is not unusual that your insurance company might have to pay the difference. Some will; others won’t, or drag their feet, or offer less than they should.
The Value of A Seasoned Attorney
Because the “bottom line” is of most importance to them, insurance companies almost always attempt to settle rear-end collisions quickly to avoid paying what the victim is actually entitled to, and it is likely to be far short of what they really need. If the driver’s carrier can offer a small settlement amount before the victim realizes the severity of his or her injuries, it saves money. It is never in your best interest to settle a car accident claim without first consulting with an experienced attorney.
Have you or a loved one been injured in a rear-end accident in New York City or elsewhere in the state? If so, the experienced team at Kaplan Lawyers, PC can help. To schedule a free consultation with one of our seasoned attorneys, please call us at (516) 399-2364 or fill out our contact form as soon as possible. Our firm is here to help you.
Call Now for a Free Case Evaluation!(212) 563-1900 (NYC) (516) 399-2364 (Nassau County) (347) 758-9011 (Brooklyn) (631) 619-5309 (Suffolk County) (917) 382-9212 (Queens)
- New York’s Limousine Tragedy Opens up Fundamental Safety QuestionsNovember 5, 2018
- Winterizing Your Car – What You Need to KnowOctober 29, 2018
- Why Hit-And-Run Drivers Flee the SceneOctober 22, 2018
- Study Finds That Newly Licensed Teens Take More RisksOctober 8, 2018
- The Drugged Driving Epidemic Is Hitting Long IslandSeptember 17, 2018