Being struck by another vehicle from the rear is one of the most common types of car accidents you could file a lawsuit for. While you may think it is a cut-and-dry case for damages, there are several factors that could make this type of claim more complicated. Cover all your bases by working with a Nanuet rear-end collision lawyer from StolzenbergCortelli, LLP.
New York Consolidated Laws VAT § 1129 states that drivers cannot follow another vehicle too closely, and that is usually the main traffic law that lawyers use to file a personal injury claim for rear-end collisions.
Impact to the rear of the vehicle often occurs at a stop sign or a traffic light when motorists are stopped or slowing down. It could also occur when the car to the rear is speeding and crashes into the back of the vehicle because they do not stop in time. Because this often happens at intersections where one column of cars is stopped, it can often lead to a chain collision, with multiple vehicles sustaining damage.
Common causes of rear-end collisions in Nanuet include texting while driving, rubbernecking, intoxicated driving, as well as bad weather. Even if there is bad weather, everyone should be driving at a safe and prudent rate of speed regardless of the conditions. If there is snow or ice on the road, drivers have a duty to drive slower and begin braking sooner when they approach a stop.
There is always an assumption that the car in the rear that struck the other vehicle is at fault. It is then incumbent upon that driver to show why it would not be their fault. Perhaps they were cut off by another car and did not have time to slow down, which could potentially be a defense; but otherwise, that driver is usually considered liable. Even if the driver in front was stopped on the road for no reason, the second driver has an obligation to pay attention and slow down regardless.
Contributory negligence in rear-end accident cases could occur if a driver changes lanes too early and too close in front of a vehicle that ends up rear-ending them. It could also be chain reaction collisions, where there are multiple vehicles involved. Poor weather could also play a part. In most cases, the defendant driver will be responsible for the injuries suffered by the injured party, which can often include broken bones, TBI, spinal cord injuries, and property damage, as well as any non-economic losses they might have sustained.
A person in Nanuet who was rear-ended and sustained injuries call a lawyer from StolzenbergCortelli, LLP to help with their case. In particular, they could acquire the necessary police reports, witness statements, surveillance cameras, and photos, in addition to handling all of the legal filing and negotiation.
They could also help meet all the statutory deadlines for filing claims, putting people on notice, and gathering surveillance videos. This can be a lot for a person to handle by themselves, especially if they are recovering from the accident, which is why getting professional help is the best thing they can do.
Some accidents are more than just a fender-bender – they can cause substantial bodily harm that is expensive to treat. A Nanuet rear-end collision lawyer from StolzenbergCortelli, LLP could provide valuable insight. Give us a call to receive a consultation for your case.
Stolzenberg Cortelli LLP