Car Accident Lawyer Brooklyn NY representing victims injured in car accidents in New York
Rear-end car accidents, fender benders, rear-end collisions, call them what you will. This type of car accidents can cause substantial damage and injury at high speeds. If you suffered an injury in a rear-end car accident, you should seek legal help of an experienced Car Accident Lawyer Brooklyn NY of The Rybak Firm, PLLC., to determine fault and your right to recovering damages.
Causes of Rear end Car Accident in New York
There are many reasons why rear end car accidents happen. Some are unavoidable such as failing brakes or slippery roads. Others are unintentional such as an inattentive driver failing to see a car stopped in front of theirs. Many car accidents are the result of aggressive drivers who tailgate and fail to leave enough space to stop safely.
Contrary to popular belief, the rear driver is not always at fault for a rear end collision. Some examples of when the forward driver may be at fault include:
- Stopping without reason
- Driving while intoxicated/impaired
- Pulling out in front of another vehicle
- Reversing without looking behind
Determining Fault In A Rear End Car Accident
Because New York operates under no-fault insurance laws, in most cases, each driver will file a claim with his or her own insurer and pay for any medical bills that way. However, for more severe injuries, you may need to step outside of the no-fault system and prove the other driver was at fault for the rear end collision.
To prove another driver’s fault for the rear end collision, you will need documentation of the car accident. A police report will contain the officer’s assessment of the scene and any traffic citations issued for wrongful conduct. You should also obtain eyewitness statements from anyone who saw the auto accident and stopped to talk to the police.
Injuries from Rear End Auto Accident
Whiplash and other neck injuries are the most common results of a rear end collision. While most people think whiplash is not a serious injury, it can affect every aspect of a victim’s life for years. The neck is the most vulnerable part of the body in a rear end car accident because the cervical spine (neck vertebra) is not protected like the thoracic and lumbar spine (upper and lower back.)
During a rear end collision, the head jerks backward and forward rapidly. This extreme motion can overextend the soft tissues in the neck, leading to whiplash symptoms, such as:
Head trauma is also common in rear end auto accidents, especially if the occupants of the cars are not wearing seatbelt. The driver of a rear ended vehicle can easily hit his head if not restrained by a seatbelt. The jarring of the car can also cause a person’s head to collide with a side window or the seat in front of them. Rear end auto collisions can cause concussions and other traumatic brain injuries (TBIs).
In addition to severe injuries, more minor injuries may occur such as fractures, sprains, strains, and lacerations from broken glass inside the cabin.
Filing a Claim to Collect Damages in a Car Accident Claim
New York No-Fault Laws only allow rear end collision victims to collect damages up to the amount of insurance coverage they carry. This can be problematic in TBI cases or with more serious injuries that last for years.
Fortunately, New York law allows you to step outside the no-fault system if your injuries meet New York’s “serious injury” threshold. A serious injury is one that results in:
- Permanent loss or limitation of body function or system
If you are able to prove that the other driver was at-fault for your auto accident, you may be able to recover compensation for:
- Medical expenses
- Lost wages
- Lost earning capacity
- Mental anguish
- Pain and suffering
Determining fault for a rear end car accident and meeting the “serious injury” threshold can be difficult. Speak with an experienced Accident Lawyer NYC of The Rybak Firm, PLLC., to see if you are eligible to file against the at-fault driver and collect a fair settlement for your damages.
Car Accident Lawyer Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Accident Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.