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Rear-end collisions are among the most common types of car crashes in New York. About 29% of car crashes involve rear-end collisions.
Most car accident cases in New York City settle without going to trial. However, filing a lawsuit after a rear-end collision in NYC may be necessary to protect your rights and seek a fair amount for damages. Our New York City car accident lawyer discusses the process of filing a lawsuit after a rear-end accident. This blog also explains why it is strongly recommended to hire a car accident lawyer to handle the process.
Understanding Liability in NYC Rear-End Collisions
NY Vehicle & Traffic Law §1129(a) requires drivers to maintain a safe distance from vehicles in front of them. They must consider the speed of vehicles and traffic when determining a safe following distance. Therefore, there is a presumption in rear-end collisions that the rear driver is at fault for the crash.
However, the presumption is rebuttable. You can contest liability in a rear-end accident by alleging the front driver’s actions contributed to the crash. For example, the front driver cut you off, suddenly stopped without a reason, or slammed on the brakes on purpose. There could have been mechanical failures that contributed to the cause of the accident.
Steps to Take Immediately After a Rear-End Accident in NYC
Proving liability for a rear-end crash begins immediately after the accident. Steps to take include:
- Call 911 and file a police accident report
- Collect driver and witness information
- Take photographs of the accident scene and vehicles and/or make a video of the accident scene
- Seek immediate medical treatment for injuries
- Document everything related to the accident for insurance claims and lawsuit purposes
Rear-end accidents could involve complicated legal issues related to liability and damages. Insurance companies often treat rear-end crashes as “minor accidents” and make low settlement offers. Consulting an NYC car accident attorney early helps you take steps to protect your rights and avoid mistakes that could hurt your case.
Navigating New York’s No-Fault Insurance System After a Rear-End Crash
New York has a no-fault insurance system for car accidents. After a rear-end collision, drivers should file claims with their no-fault insurance provider within 30 days after the crash. No-fault insurance compensates victims for medical bills and lost wages, regardless of who caused the accident.
However, there are exceptions to the no-fault system. You may have a claim against a driver who caused a rear-end accident if:
- You sustained a serious injury as defined in NY Insurance Laws §5102(d)
- Family members may file a wrongful death claim if the accident caused their loved one’s death
- Motorcycles are not covered by no-fault insurance, so riders can sue at-fault drivers
- If the at-fault driver were intoxicated, there could be other options
If you were rear-ended by another vehicle, consult with an attorney to explore options beyond no-fault insurance. A lawsuit or liability claim could provide more compensation than a PIP claim.
When and How to File a Personal Injury Lawsuit After a Rear-End Collision in NYC
New York has a three-year statute of limitations for most car accident lawsuits. While that seems like a lot of time, filing a lawsuit requires extensive research to gather evidence proving causation, fault, and damages.
It is crucial to act fast to secure and preserve evidence before it is lost or destroyed. The person filing the lawsuit has the burden of proving the legal elements to establish liability.
You must determine if you have a legal cause of action to file a lawsuit. For instance, your injuries meet the “serious injury” threshold for filing a liability claim. Then, you must have sufficient evidence to prove your allegations.
If you have a valid legal cause of action and sufficient evidence to support your claim, it is time to prepare and file a complaint with the court. We strongly recommend seeking the advice of a lawyer for a lawsuit. A person filing a lawsuit on their own is responsible for knowing and understanding court procedures, time limits, and the law governing their case.
A skilled personal injury attorney helps you navigate New York’s complex insurance and legal system. They handle all matters related to your case, including gathering evidence, monitoring deadlines, consulting expert witnesses, preparing court documents, and appearing in court.
Call Today for a Free Consultation with a New York City Car Accident Attorney
If you’ve been rear-ended in NYC and are unsure how to protect your rights, the experienced New York City car accident attorneys at Michael LoGiudice, LLP can help you take action. Schedule a free consultation with an attorney today.