Our Rear-End Accident Lawyers Can Help You Get Compensation
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 possibly death.
Common causes of rear-end accidents include:
- Distracted driving (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 their ability to stop before colliding with you for any reason, that person is typically at fault for the accident and responsible for your damages through their insurance company. However, there are exceptions to the rule, and insurance companies will try to pay out as little as possible or even make it sound as if the accident was your fault. New York personal injury laws are complicated. Making mistakes can be costly, so 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 Tucker Lawyers PC, we understand how devastating rear-end accidents can be. Even with only moderate injuries, they can generate tremendous expenses, require time away from work, and cause physical suffering. Accidents may result in major debilitating back and neck injuries, and 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.
We have helped other accident victims gain fair compensation and can do the same for you. We offer a free consultation to discuss the circumstances of your accident and determine the best way to move forward, and there are no fees to you unless and until we win your case.
How Our Rear-end Accident Lawyers in NYC Can Help You
Our Rear-End Accident Lawyers Fight for a Fair Settlement
The NY auto accident attorneys at Tucker Lawyers PC have decades of legal experience and a winning track record, while providing top-notch client service. We have won large settlements and jury awards on behalf of clients injured in vehicle accidents, and we are prepared to start working for you immediately.
When you retain our firm, we will:
- Meet with you to discuss how the accident happened and who the at-fault parties may be and determine what your case should be worth
- Investigate the accident and gather evidence, such as videos from traffic cameras and police, ambulance, and medical reports
- Interview witnesses, police officers, and first responders
- Handle all legal requirements, court appearances, and paperwork in a timely manner in accordance with New York deadlines
- Hire experts to reconstruct the crash scene and testify on your behalf as to fault and the costs and effects of your injuries and the care you will require into the future
- Handle all communications with insurance companies and negotiate for a fair settlement
- Build your case and take it to trial if necessary.
In addition, the sooner you contact our brooklyn car accident lawyers, the sooner we can begin to investigate and build your case while witnesses and evidence can still be found.
Rear-End Accident Lawyers Must Prove Negligence
Rear-End Collisions Usually Involve a Negligent Driver
To win your case, our attorneys must prove that another party, the defendant in the case, was negligent and at fault for causing your injuries. 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.
To hold a defendant liable, our auto accident lawyers must show the existence of the following elements:
- Duty – The defendant had a duty of care not to harm you.
- Breach – The party breached that duty through actions or failure to act, such as by driving recklessly and rear-ending your vehicle.
- Cause – This breach caused your injuries.
- Damages – You suffered damages as a result.
Since rear-end collisions, including hit-and-run accidents, almost always involve the driver who hit you being negligent, our rear-end attorney may bring a motion before the court asking for a summary judgment. This would be an automatic decision in your favor without the danger of an adverse liability verdict where the defendant is found to be without fault. This also puts you in a favorable situation for a settlement.
Rear-end accidents become more complicated when they involve three or more vehicles, in a “chain link” type of accident. This happens when one vehicle stops short after striking the vehicle ahead of it, causing a chain reaction where each succeeding vehicle in line strikes the vehicle ahead of it. The succeeding vehicles may still be liable since, in general, every driver is required to drive with reasonable care. This means driving a sufficient distance behind the vehicle in front so that, if that vehicle stops short, the driver can stop in time without striking the stopped vehicle in the rear.
Since all of these drivers may have different amounts of insurance and assets that can go toward a settlement if multiple vehicles are involved, it must be determined which vehicles were responsible. Attorneys for the defendant will often try to place the blame on you, by making claims such as that you were hit because you changed lanes suddenly or that you quickly turned or swerved into their lane and then stopped suddenly. Our rear-end collision attorneys are prepared for this, and we know how to take depositions and carefully question the defendants to prove who was at fault and hold the negligent parties liable.
In some crashes, there may be additional liable parties. In addition to the other driver who rear-ended you, defendants may include:
- The vehicle manufacturer, if the car or its parts were defective and failed and caused a sudden stop
- A road maintenance company that left debris in a road
- A municipality that failed to fix road problems or post warning signs for hazardous conditions.
Our auto accident lawyers would look to name them all in your lawsuit.
Damage Awards Our Rear-End Accident Attorneys in NY May Recover
Damage Awards Should Cover Both Economic and Non-Economic Damages
The term “damages” refers to both the losses and injuries you received and the amount of compensation you, the plaintiff, are entitled to receive from the parties you are suing. In New York, you are entitled to a settlement that covers:
Economic damages for financial costs and losses, such as:
- Medical and rehabilitation bills, current and anticipated for the future
- Lost income from being unable to work
- Property damage to your vehicle and personal property.
Non economic damages for more intangible damages that do not have a specific dollar value, such as:
- Physical and emotional pain and suffering
- Loss of consortium and quality and enjoyment of life
- Disfigurement or permanent loss of limb.
While economic damages pay your bills, non-economic damages go directly to benefit you as compensation for the pain and suffering resulting from the accident, and they often are the largest part of a settlement.
Punitive damages In some rare cases, where a defendant acted extremely egregiously and recklessly, such as by driving under the influence of alcohol or drugs, you may also be awarded punitive damages. These are intended to punish the defendant and to deter such actions in the future.
Be aware that just because you win these damages and are legally entitled, there is no guarantee that this driver’s insurance is adequate 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.
Amounts of Damage Awards You May Receive
Damage award amounts can vary widely in an auto accident case, from the thousands to the millions, depending on the factors involved in your individual situation. Factors that will be considered in determining amounts include:
- Your actual costs and monetary losses
- The severity and permanence of your injuries and whether they will require continuing care
- Your age, health, and physical condition before the accident
- Whether you will be able to work in the future and what your earning capacity would have been if the accident had not occurred
- Whether a death is involved
- The availability of insurance coverage and assets of the defendants
- Whether a settlement can be negotiated, or if it has to go to trial
- The inclination of the individual judge and jury
- The skill of your attorneys in building and presenting your case.
Our auto accident attorneys will consider all factors to evaluate what your case may be worth and will fight for maximum compensation.
Why Choose Us?
If you are looking for rear-end accident lawyers in New York City, we understand that you have options. A few of the reasons why you should partner with our team include:
- Past Results: We have recovered significant verdicts and settlements for our clients in the past, and we are confident that we can do the same for you. We invite you to take a look at some of our past results to see just how much money we have won, and we can pursue compensation on your behalf as well.
- Client Reviews: While we can certainly talk about the quality of our services, we also invite you to take a look at what our prior clients have to say. We are transparent about our client testimonials because we believe it is important for you to hear about what we can do from our clients themselves.
- Experience: Not all lawyers specialize in accidents and injuries, so rely on our team to represent you. We have a significant amount of experience working with a wide variety of accident cases, and we can use that experience to help you.
- Communication: Our goal is to provide you with the information you need to make decisions that are in your best interests. We can translate complicated legal jargon, putting you in the best position possible to make the right decision.
You need to make sure your rights are defended, and our legal team is always available to help you.
How We Can Help
Following an accident, you deserve to focus all of your attention on getting better. At the same time, complicated legal issues will arise, and we are here to help you work through them. Some of the ways that we can help you include:
- Evidence: We can collect documents and evidence to put together a comprehensive case that supports your story. If we file a lawsuit on your behalf, we will get subpoena power to compel people to turn over documents and testify if we need them to.
- Negotiate: You might receive an offer from an insurance company shortly after the accident, but you should not accept it without talking to your legal team first. We understand how much your case is worth, and we can negotiate with the insurance company on your behalf to ensure you get a favorable settlement.
- Compensation: We can pursue different types of compensation and damages on your behalf. We may be able to recover compensation that can replace lost income, pay for your medical expenses, and cover property damage.
- Trial Preparation: While most cases should be settled out of court, there may be some situations where we do not get the settlement that we think you deserve. If that is the case, we can take your case to trial, and we can make sure that you are prepared.
We have an extensive network of partners and experts that we can use to build a strong case that supports your rights and defends your interests. If you would like to learn more about how we can help you, reach out to us today and schedule a case consultation.
Rear-End Accident Attorneys Answer Frequently Asked Questions
After an accident, we understand that you likely have many questions and concerns. The best way to find out specific answers is to contact our office for a free consultation. However, we also want to make sure you have all the information you need to move forward. Here are some of the most commonly asked questions from our clients.
How do I know whether I have a claim?
According to NY State law (ISC section 5102), you may go beyond no-fault insurance and sue for personal injury losses if you have sustained a serious injury. This means an injury which results in death; significant disfigurement; a fracture; loss of a fetus; permanent loss or limitation of use of a body organ, member, function, or system; or a medically determined injury or impairment that prevents performing customary daily activities for not less than 90 days during the 180 days immediately following the injury or impairment.
However, every situation is unique, and our rear-end accident lawyers at Tucker Lawyers PC will let you know if you have a valid case in your initial consultation.
Should I speak to an insurance adjuster?
The less you say to an insurance adjuster, the better. Many people make the mistake of thinking that their car insurance adjuster will be fair, but insurance companies are out for profit and will always try to get you to accept the lowest amount possible.
Insurance companies may use tactics such as offering you a quick settlement in return for signing a release. Be aware that once you accept their offer, you will not be able to make additional claims in the future, even if your injuries get worse. They may also attempt to trick you into saying something that can be used against you, such as admitting that you were partially at fault for the accident.
Tell the insurance adjuster to speak to your attorney, and let Tucker Lawyers PC handle all dealings and negotiations to fight for the full compensation you deserve.
Will my rear-end accident claim be settled or go to trial?
Most cases are resolved through settlement, and this is desirable because trials are costly and take time. At Tucker Lawyers PC, we know that we can’t control the decision for insurance companies or negligent drivers to settle or not, so we prepare every case as if it is going to trial. Often, when the other side realizes you have an attorney willing to take the case to trial, it increases the chances that they will come up with a fair settlement offer.
How does New York’s no-fault insurance system work in my case?
New York State has a no-fault insurance system that will pay for medical bills, prescription costs, household services, transportation to medical providers, and lost wages up to the amount of coverage selected by the policyholder. Generally, you will be reimbursed by your own insurance company for damages, regardless of who was responsible for causing the accident.
New York requires registered motor vehicles to have liability insurance with minimum coverage amounts as follows:
- $25,000/$50,000 for bodily injury per person
- $50,000/$100,000 for death
- $10,000 for property damage per accident.
However, no-fault is unlikely to cover the losses if you have significant damages that go beyond policy limits and create a major impact on your life. You are, therefore, able to sue or make a claim against the vehicle that is at fault—if you reach the no-fault threshold of having a serious injury under the law.
These are just a few of the most common questions that people ask our NYC rear-end accident lawyers. If you are looking for a NYC rear-end collision attorney, look no further than our team.
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.
Get Help from a Seasoned New York Rear-End Car Accident Lawyer in NYC
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 in a car accident settlement—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 their injuries, it saves money. It is never in your best interest to settle a car accident claim without first consulting with an experienced attorney.
Do not delay. After your accident, it is important to move quickly to get legal help because New York has a statute of limitations—a deadline for filing personal injury cases. According to New York law, you generally have three years from the date of your auto accident to file a lawsuit. If you miss this deadline, the courts are likely to refuse to hear your case.
Have you or a loved one been injured in a rear-end accident in New York City or elsewhere in the state? Let the experienced team at Tucker Lawyers PC help.
To schedule a free consultation with one of our seasoned attorneys, please call us as soon as possible at (516) 399-2364. Our firm is here to help you.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]