Queens Car Accident Lawyers Explain Liability and Damages for Whiplash Injuries from Queens Rear End Collisions
One of the most common types of motor vehicle accidents is a rear end collision. This type of collision is commonly due to following too closely, but other common causes include speeding, drunk driving, distracted driving, and inclement weather. Rear end collisions are dangerous, especially at high speeds, because the force of collision places stress on the neck and back. Whiplash is one of the most common injuries due to rear end collisions. This condition can be devastating and result in months or even years of treatment, physical therapy, and surgery. Whiplash injuries from Queens rear end collisions should be handled by an experienced bodily injury law firm to ensure that victims have their rights protected to compensation under New York law.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , our experienced Queens car accident lawyers understand how disabling and debilitating it can be for victims and their families after any type of personal injury accident. This is particularly true of whiplash injuries, which are one of the most common types of personal injuries in a motor vehicle accident. Victims who suffer from whiplash may be entitled to compensation for their pain and suffering, lost wages, lost future earnings if unable to work in the same job, medical bills, loss of consortium, and other damages related to the crash. If you or a loved one were seriously injured, or if a loved one was wrongfully killed, ask for a FREE consultation to learn what your rights to compensation may be under New York law.
Liability for Rear End Collisions in New York
Generally, liability in rear end collisions is presumed to be the fault of the vehicle hitting another vehicle from behind. That means the following vehicle is automatically presumed to be at fault. This presumption is rebuttable, meaning the following vehicle may argue that the lead vehicle stopped short or otherwise caused the collision.
There are two ways to prove liability. The first is through the common law, or judge-made law, which requires all motorists to exercise reasonable care under the circumstances in the use or operation of their motor vehicle. This also requires all motorists to “see what there is to be seen” and to avoid collisions with other vehicles, pedestrians, or animals. When a motorist rear ends another vehicle, it is likely that a defendant will be liable under these common law principles of negligence.
The second way to prove liability is through the doctrine of negligence per se. This doctrine allows a victim to use the violation of a statute to automatically establish liability against the defendant. A statute is a legislatively-made law which follows formal bill making processes. The relevant statute for following too closely is New York Vehicle and Traffic Law section 1129, which provides under subsection (a) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” Where a defendant rear ends a victim and the victim suffers personal injuries from the rear end collision due to the violation of this statute, the doctrine of negligence per se would automatically establish liability against the defendant. However, this still requires a victim to establish causation and damages.
Whiplash Injuries from Queens Rear End Collisions
A whiplash injury is an injury cased by the violent back-and-forth motion of a victim’s head in a collision. The injury could happen to the brain, nerves, or connective tissue in the neck. Some whiplash injuries can take months or even years to heal, while others need surgery to repair. Most victims have some sort of permanent range of motion restriction due to a serious whiplash injury, especially after 18 wheeler wrecks.
Brain injuries from whiplash can be particularly severe. This is because the brain can be injured from the violent back-and-forth. This can cause the brain to slide forward and then slide backwards in the skull. Each time the brain slides back-and-forth could cause it to impact the inside of the skull and suffer damage. This can cause severe swelling and bleeding resulting in a medical emergency. This type of injury to the brain is called a coup-contrecoup brain injury.
Injured in a Queens Rear End Collision? Ask Our Law Firm for Help
Whiplash injuries from a Queens rear end collision can be devastating and result in serious personal injuries. Victims may need multiple surgeries to repair the damage done to spinal discs that are damaged, bulging, or slipped. Some damages may require the drastic remedy of a cervical fusion, which is when levels of vertebrae in your neck are permanently fused together. If you or a loved one were seriously injured in a motor vehicle accident occurring in NYC, Queens, Long Island, or anywhere else in New York, ask our experienced lawyers at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. how we can help protect your rights to compensation. Scheduled your FREE case evaluation by calling 800-247-8164 or use our convenient and easy-to-use contact us box available here.