If you’ve ever been stuck in bumper-to-bumper traffic in Queens, it’s easy to see why rear-end collisions are so common. From 2012 to 2014, such collisions contributed to nearly 1,110 deaths and more than 12,000 hospitalizations. According to data from the New York City Police Department, dozens of rear-end crashes occurred in August 2023 alone.
Have you been involved in a rear-end collision on the streets of Queens? If so, here’s what you need to know from a car accident lawyer in Queens, New York.
Are Rear-End Collisions Common?
Rear-end crashes are extremely common, and hundreds happen yearly on our New York City roads. According to the National Highway Traffic Safety Administration (NHTSA), nearly 2.2 million rear-end wrecks happened in 2021, accounting for 32.5% of all car accidents reported.
Rear-end collisions can cause major damage to you and your car. Spinal fractures are common, as is whiplash, which can cause agonizing back and neck pain.
Who Is at Fault in a Rear-End Collision?
Generally, the law presumes that the tailing driver is at fault in a rear-end accident. Drivers are expected to follow at a safe distance and leave enough room between vehicles to brake quickly if needed. When a driver follows too closely, they simply don’t have enough time to stop if the driver in front slams on their brakes.
However, there are occasions in which the leading driver may be responsible. These could include:
- Stopping in traffic due to an emergency and failing to put on hazard lights to warn others
- Backing into the tailing car
- Failing to repair broken brake lights
- Quickly changing lanes into the path of an oncoming car
Who Pays If a Driver Hits You From Behind in New York?
New York is a no-fault state, meaning your insurance company will pay for medical treatment, lost wages, and other expenses when someone hits you from behind. This is true regardless of whose fault the accident was.
Insurance will cover:
- Medical costs up to $50,000 (the insurer may pay more if you have personal injury protection)
- Up to three years of lost wages at a max of $2,000 per month if the accident left you disabled
- Up to $25 per day for other related expenses, such as mileage driven to doctor’s appointments
If you’d like to claim these benefits, report your injuries to your insurance company within 30 days of the accident.
Can You Sue the Driver Who Hit You?
Because New York is a no-fault state, it’s generally impossible to sue the negligent driver who hit you. However, you may be able to sue if your expenses exceed the $50,000 cap the insurance company allows. This cap is easier to reach than you might expect because doctor’s bills can add up quickly.
It’s also possible to sue if the accident caused you a serious injury, defined as an injury involving:
- Insurance Law Sec 5102 (d) “Serious injury” means a personal injury
which results in death; dismemberment; significant disfigurement; a
fracture; loss of a fetus; permanent loss of use of a body organ,
member, function or system; permanent consequential limitation of use
of a body organ or member; significant limitation of use of a body
function or system; or a medically determined injury or impairment of
a non-permanent nature which prevents the injured person from
performing substantially all of the material acts which constitute
such person’s usual and customary daily activities for not less than
ninety days during the one hundred eighty days immediately following
the occurrence of the injury or impairment. If you think you have a case against the other driver, you must file a claim within three years of the date of the accident.
Contact Our Law Firm If You’ve Been Involved in a Rear-End Accident
All types of car accident injuries have the potential to seriously hinder your quality of life, but injuries occurring from a rear-end crash can be especially severe. You might be unable to work, spend time with your spouse, play with your kids, or take part in beloved hobbies. If this happens to you, it makes sense that you’d want to pursue justice against the person who hit you.
At Elliot Ifraimoff & Associates, PC, our attorneys have years of experience assisting clients with rear-end car accident cases. Contact us at (718) 205-1010 for a free consultation.
Frequently Asked Questions
What is the rear-end collision law in New York?
In New York, the law says that the tailing driver (the one behind) is typically to blame in a rear-end collision. That’s because tailing vehicles must leave enough distance between cars for the drivers to stop safely when braking.
However, the tailing driver may not always be at fault. For instance, if a driver suddenly slams the brakes to look at their phone, the law may find them liable. However, a car accident lawyer will need good evidence to prove negligence.
What causes rear-end car accidents?
Distracted driving is a very common cause of rear-end crashes. For instance, perhaps a driver is following too closely behind another car. Their baby cries, demanding attention. When the driver turns around to check on them, the driver in front hits their brakes. The driver behind doesn’t notice in time and slams into the back of their car.
Other common causes of these wrecks include bad weather, road defects, and driver intoxication. In general, such accidents result from reckless driving habits that can be easily avoided.
Who suffers more serious injuries in a rear-end accident?
The person who is rear-ended typically suffers more severe injuries than the driver who hit them. This may be because the offending driver has more time to brace for impact.
What is one of the worst outcomes of a rear-end crash?
Spinal fractures are among the worst outcomes of rear-end accidents, and such injuries are sadly common. That’s because a driver’s spine and neck can snap forward at incredible speeds when hit from behind. Such fractures can render a driver unable to walk or even make them completely paralyzed.
If you’ve incurred a spinal injury from a rear-end collision, reach out to Elliot Ifraimoff & Associates, PC, today for professional legal assistance.
If you’ve ever been stuck in bumper-to-bumper traffic in Queens, it’s easy to see why rear-end collisions are so common. From 2012 to 2014, such collisions contributed to nearly 1,110 deaths and more than 12,000 hospitalizations. According to data from the New York City Police Department, dozens of rear-end crashes occurred in August 2023 alone.
Have you been involved in a rear-end collision on the streets of Queens? If so, here’s what you need to know from a car accident lawyer in Queens, New York.
Are Rear-End Collisions Common?
Rear-end crashes are extremely common, and hundreds happen yearly on our New York City roads. According to the National Highway Traffic Safety Administration (NHTSA), nearly 2.2 million rear-end wrecks happened in 2021, accounting for 32.5% of all car accidents reported.
Rear-end collisions can cause major damage to you and your car. Spinal fractures are common, as is whiplash, which can cause agonizing back and neck pain.
Who Is at Fault in a Rear-End Collision?
Generally, the law presumes that the tailing driver is at fault in a rear-end accident. Drivers are expected to follow at a safe distance and leave enough room between vehicles to brake quickly if needed. When a driver follows too closely, they simply don’t have enough time to stop if the driver in front slams on their brakes.
However, there are occasions in which the leading driver may be responsible. These could include:
- Stopping in traffic due to an emergency and failing to put on hazard lights to warn others
- Backing into the tailing car
- Failing to repair broken brake lights
- Quickly changing lanes into the path of an oncoming car
Who Pays If a Driver Hits You From Behind in New York?
New York is a no-fault state, meaning your insurance company will pay for medical treatment, lost wages, and other expenses when someone hits you from behind. This is true regardless of whose fault the accident was.
Insurance will cover:
- Medical costs up to $50,000 (the insurer may pay more if you have personal injury protection)
- Up to three years of lost wages at a max of $2,000 per month if the accident left you disabled
- Up to $25 per day for other related expenses, such as mileage driven to doctor’s appointments
If you’d like to claim these benefits, report your injuries to your insurance company within 30 days of the accident.
Can You Sue the Driver Who Hit You?
Because New York is a no-fault state, it’s generally impossible to sue the negligent driver who hit you. However, you may be able to sue if your expenses exceed the $50,000 cap the insurance company allows. This cap is easier to reach than you might expect because doctor’s bills can add up quickly.
It’s also possible to sue if the accident caused you a serious injury, defined as an injury involving:
- Insurance Law Sec 5102 (d) “Serious injury” means a personal injury
which results in death; dismemberment; significant disfigurement; a
fracture; loss of a fetus; permanent loss of use of a body organ,
member, function or system; permanent consequential limitation of use
of a body organ or member; significant limitation of use of a body
function or system; or a medically determined injury or impairment of
a non-permanent nature which prevents the injured person from
performing substantially all of the material acts which constitute
such person’s usual and customary daily activities for not less than
ninety days during the one hundred eighty days immediately following
the occurrence of the injury or impairment. If you think you have a case against the other driver, you must file a claim within three years of the date of the accident.
Contact Our Law Firm If You’ve Been Involved in a Rear-End Accident
All types of car accident injuries have the potential to seriously hinder your quality of life, but injuries occurring from a rear-end crash can be especially severe. You might be unable to work, spend time with your spouse, play with your kids, or take part in beloved hobbies. If this happens to you, it makes sense that you’d want to pursue justice against the person who hit you.
At Elliot Ifraimoff & Associates, PC, our attorneys have years of experience assisting clients with rear-end car accident cases. Contact us at (718) 205-1010 for a free consultation.
Frequently Asked Questions
What is the rear-end collision law in New York?
In New York, the law says that the tailing driver (the one behind) is typically to blame in a rear-end collision. That’s because tailing vehicles must leave enough distance between cars for the drivers to stop safely when braking.
However, the tailing driver may not always be at fault. For instance, if a driver suddenly slams the brakes to look at their phone, the law may find them liable. However, a car accident lawyer will need good evidence to prove negligence.
What causes rear-end car accidents?
Distracted driving is a very common cause of rear-end crashes. For instance, perhaps a driver is following too closely behind another car. Their baby cries, demanding attention. When the driver turns around to check on them, the driver in front hits their brakes. The driver behind doesn’t notice in time and slams into the back of their car.
Other common causes of these wrecks include bad weather, road defects, and driver intoxication. In general, such accidents result from reckless driving habits that can be easily avoided.
Who suffers more serious injuries in a rear-end accident?
The person who is rear-ended typically suffers more severe injuries than the driver who hit them. This may be because the offending driver has more time to brace for impact.
What is one of the worst outcomes of a rear-end crash?
Spinal fractures are among the worst outcomes of rear-end accidents, and such injuries are sadly common. That’s because a driver’s spine and neck can snap forward at incredible speeds when hit from behind. Such fractures can render a driver unable to walk or even make them completely paralyzed.
If you’ve incurred a spinal injury from a rear-end collision, reach out to Elliot Ifraimoff & Associates, PC, today for professional legal assistance.
