Rear-End Collision Attorneys
Long Island car accident lawyers at Edelman, Krasin & Jaye can provide invaluable advice to those who’ve been involved in a rear-end collision. Depending on the circumstances of your accident, we may be able to help you obtain significant compensation through an insurance claim or a lawsuit against the at-fault driver.
The State of New York saw nearly 300,000 car accidents in 2012. Over half of the crashes resulted in injury to drivers, passengers, or others. More than 1,100 people were killed. In NYC, nearly 69,000 car crashes occurred in 2012. More than 80% of the accidents resulted in injury; 256 people lost their lives.
Rear end collisions in New York
According to the State Department of Motor Vehicles, in 2012 over 42,000 car accidents statewide were caused by a driver following too closely. During the same year in New York City, more than 6,400 crashes resulted from a driver failing to give enough room to the car in front. Not surprisingly, many of these incidents led to rear end collisions.
Rear end collisions can cause many types of injury. Some are relatively minor, but others can lead to permanent damage.
The most common rear end collision injuries include:
- Back and neck injuries: The force of the crash may lead to painful back and neck conditions, which can be complicated and expensive to diagnose and treat.
- Spinal cord injury: A damaged spinal cord can cause paralysis and impaired mobility, among other injuries. Although high-speed crashes may be more likely to lead to such damage, what seems like a simple rear-end collision can result in permanent pain and disability.
- Broken bones: A crash may cause fractures of arms, legs, ribs, vertebrae, and other bones. Broken bones can be excruciatingly painful, while treatment can be very costly.
- Psychological trauma: The emotional impact of a car accident may be at least as disabling as a physical injury. Drivers and passengers may suffer flashbacks, post-traumatic stress disorder (PTSD) and other symptoms.
- Whiplash: After a rear end collision, drivers and passengers may not even realize they’ve been hurt. The force of the crash may cause injury to victims’ necks, spines, legs, and arms, but the extent and severity of the pain may not be immediately apparent. These injuries can be devastating, and sometimes permanent, with expensive medical procedures and lengthy recoveries all too common.
Determining fault in rear end collisions
All of us learn before getting a driver’s license that it is necessary to leave adequate space for the car ahead. As a New York court recently explained, “a driver of a vehicle approaching another vehicle from the rear is required to maintain a reasonably safe distance and rate of speed under the prevailing conditions to avoid colliding with the other vehicle.” Because of this important safety principle, the driver of a car that rear-ends the vehicle ahead is presumed to have acted negligently. Ordinarily, that driver will be at fault for the crash, and liable for any resulting damages.
However, the rear vehicle driver may be able to show another non-negligent cause of the collision. For example, if the car in front stopped suddenly for no apparent reason, or that car’s brake lights malfunctioned, or the rear car skidded unavoidably on wet pavement, the rear car’s driver might not be responsible for the accident, in whole or in part.
These factors can complicate any division of responsibility for the collision, and make apportioning blame difficult. At Edelman, Krasin & Jaye we specialize in solving complex legal and factual problems like this. With over six decades of experience in New York and on Long Island, we have the skill to discover what happened and who is responsible for the damage.
If the driver of the rear vehicle can demonstrate that he or she was driving carefully at the time of the crash, and the collision was caused by some other factor, then that driver may be able to recover for his or her own injuries. Because making these determinations can be so challenging, seeking help from experienced NY car accident attorneys at Edelman, Krasin & Jaye is a critical step.
Is a car accident lawsuit necessary?
For those injured in a rear end collision, many types of losses may result. These may include expenses for past and future medical treatment, lost income, reduced future earnings, and property damage. Injured victims of car accidents may also be able to recover a monetary sum to compensate for their pain and suffering.
A parent or child of a person killed in a rear end collision may receive monetary damages to compensate for losing the victim’s financial support and services, both past and future; loss of spousal or parental companionship; loss of familial services (for example, child care and household management provided by a stay-at-home parent; emotional and psychological pain; and funeral expenses.
In some circumstances a car accident lawsuit must be filed in order for a victim to obtain just compensation for their losses. The attorneys at Edelman, Krasin & Jaye can help determine whether legal action is warranted.
Experienced car accident lawyers in Long Island, New York
The veteran attorneys at Edelman, Krasin & Jaye work hand in hand with car accident investigators to verify the cause of the collision. Our expert medical staff review all records to assess the nature and severity of injuries, determine whether the crash caused permanent impairment, and explain what treatment will be required in the future. Our legal team does everything required to determine the causes of the car accident and detail the losses resulting for its victims.
We encourage you to contact us if you have been involved in a rear end collision, or a member of your family has been injured or killed. We will discuss your legal options confidentially and compassionately, and without any obligation on your part. To schedule your free case review with one of our New York personal injury lawyers, please call us at (800) 469-7429 or (516) 742-9200. Our offices are conveniently located in the Bronx, NY and Nassau County, Long Island.
- NY State Department of Motor Vehicles, Summary of Motor Vehicle Crashes, Statewide Statistical Summary 2012, http://dmv.ny.gov/sites/default/files/legacy_files/statistics/2012nys.pdf
- NY State Department of Motor Vehicles, Summary of New York City Motor Vehicle Crashes 2012, http://dmv.ny.gov/sites/default/files/legacy_files/statistics/2012nyc.pdf
- Napolitano v. Galletta, 85 App. Div. 3d 881 (App. Div. 2011) http://www.courts.state.ny.us/reporter/3dseries/2011/2011_05243.htm