Who is at Fault in a Rear-End Collision?
Many people believe that when a rear end collision occurs, the driver who crashes into the other vehicle’s rear bumper is automatically at fault and thus liable for any damages that result from the collision. This is actually not true. Just like with every other kind of collision, like head-on and side collisions, the party at fault in a rear-end collision is the party whose negligence caused the crash to happen. This could be the driver who struck the other vehicle, or it could be the driver of the vehicle that was struck or another party entirely, like a pedestrian or bicyclist.
If you are injured in a rear end car accident, you could be entitled to recover monetary compensation for your related damages through a bodily injury claim. To learn more and determine if you qualify for this type of compensation, discuss your case with a personal injury lawyer.
What Causes Rear-End Collisions?
Rear-end collisions can be caused by a variety of factors. They can result from the same types of driver negligence that cause other types of collision, like:
- Distracted driving;
- Aggressive driving;
- Drunk driving; and speeding
They can also result from vehicle malfunctions and in some cases, poorly designed or maintained roadways. When one of these issues causes a rear end collision, a vehicle’s manufacturer, seller, or the public or private entity charged with maintaining that area of roadway may be deemed liable.
Recovering Compensation for Your Rear-End Collision Damages
Typically, New York drivers injured in car accidents can have their related expenses covered by their own auto insurance providers. These drivers file personal injury protection (PIP) claims to recover this compensation. When a victim’s injuries exceed the serious injury threshold, though, he or she may file a personal injury claim to seek compensation for:
- Medical expenses;
- Lost wages; and
- Pain and suffering damages.
Demonstrating the Other Party’s Negligence
In order to recover compensation for your personal injury claim, you must prove that the other party’s negligence directly caused you to suffer an injury and that because of your injury, you suffered specific damages. You can do this with evidence like:
- Photographs of the accident scene;
- Eyewitness testimonies of the accident;
- A copy of the official police report for the accident;
- Copies of your medical bills; and
- Documentation of your lost wages and other injury-related
Pursue Compensation for Your Damages With a Long Island Car Accident Lawyer
If you were injured in a rear-end collision, you could be entitled to recover monetary compensation for your damages through a personal injury claim. When this is not the case, you can still pursue coverage through a PIP claim. Discuss your case with one of the Long Island car accident lawyers on our team at the Law Office of Cohen & Jaffe, LLP to learn more about your rights and options. Contact our firm to schedule your free consultation today.
For a free legal consultation, call 516-358-6900