Understanding Liability and Causes in New York Rear End Car Accidents: Queens Car Accident Lawyers Explain
According to data from the National Highway Traffic Safety Administration (NHTSA), rear end car accidents are the most common type of motor vehicle accident. This is particularly true in Queens during rush hour. While some rear end car accidents are minor inconveniences such as bumper taps, other rear end car accidents can result in serious and catastrophic personal injuries. This is particularly true with trucking accidents or high-speed rear end accidents such as on I-295 for I-678. New York rear end car accidents could cause many different types of personal injuries including traumatic brain injuries, spinal cord injuries, back and neck injuries, broken bones, and other serious or catastrophic injuries.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , our Queens car accident lawyers understand that victims of New York rear end car accidents and may be seriously hurt due to the careless, reckless, and negligent conduct of another motorist. Victims may be entitled to pain and suffering, medical bills, lost wages, lost future earnings, loss of consortium, and other damages related to the car crash. If you or a loved one were seriously injured in a rear end car accident occurring in Queens or anywhere else in New York City, please call our law firm by dialing 800-247-8164 to learn how we can help protect your today.
Liability in New York Rear End Car Accidents
Generally, there are two ways to prove liability in New York rear end car accidents. The first way is through a common law, or judge-made law, claim for negligence. Under this legal principle, a motorist must use reasonable care in the use or operation of his or her motor vehicle. This includes avoiding collisions with other motor vehicles, bicyclists, pedestrians, or any other hazards on or around the roadway. Motorists are supposed to avoid causing unnecessary harm to others. When a motorist fails to satisfy this common-law standard of negligence, he or she may be found negligent and liable to any person harmed.
The second way to prove liability in Queens rear end car accidents is through the doctrine of negligence per se. This doctrine uses the violation of a statute, or Legislatively-made law, to help automatically establish liability. In order for a victim to use this legal principle, he or she must demonstrate that the defendant violated a statute that was meant to protect the victim from the very harm that the violation caused.
The applicable statute in a rear end collision is New York Vehicle and Traffic Law section 1129, which provides under subdivision (a) that “[t]he driver of a motor vehicle shall not follow another vehicle more slowly than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” Therefore, if a motorist is following too close and cannot stop in time before hitting another vehicle, it is likely that this section of the VTL has been violated. If the victim suffered personal injuries from the collision, it is possible that the victim may be entitled to compensation.
Causes of Rear End Car Accidents
There are many possible causes of rear end car accidents. Most of these causes are due to the negligence of one or more drivers. The most common causes of rear end car accidents that could be due to the careless, reckless, or negligent conduct of another driver include the following:
- Distracted driving such as cell phone use
- Drunk driving or drugged driving
- Playing with the GPS or radio
- Following too closely
- Driving too fast for the weather conditions
- Aggressive driving
- Inexperienced driver, and
- Many other common causes.
Victims Injured in a New York Rear End Car Accident Should Ask Our Law Firm For Help
At COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , we understand that unexpected medical bills and time away from work can make it financially difficult for a victim and his or her family. We accept personal injury cases on a contingency fee agreement. This means that you pay us a percentage of what we recover for you and only after we recover your compensation in a settlement or court award. This means there is no risk to get started with our Queens car accident lawyers. Learn more about how we can help protect your rights to compensation after a rear end collision by calling 800-247-8164 for a free case evaluation or use our convenient and easy-to-use contact us box available here.