The driver behind your vehicle must always keep their distance. That is a general rule throughout the world. It's one of the first rules you hear from your instructor when you're learning to drive. In most cases, this rule means that the responsibility for a rear-end collision falls on the driver behind.
However, like every rule, there are also exceptions; it may be that the driver in front brakes recklessly for some reason, perhaps to avoid an object or a pedestrian, and that does not give the driver behind the time to stop. Everything can happen in a matter of seconds. Or it may be that the driver in front is under the influence of some substance or is practicing aggressive driving, which would give him a greater degree of responsibility in the incident.
If the distance taken is prudent, but the maneuver of the driver in front is very fast, and you find yourself driving on a high-speed road, the seconds to react may be few, and thus the impact is inevitable.
Even though a rear-end accident in Brooklyn can happen in a split second, the effects can be severe. The fallout from such accidents can be overwhelming, ranging from whiplash and neck injuries to property damage and emotional distress. Our team of service-oriented Brooklyn rear-end accident attorneys are knowledgeable about the laws governing these incidents and can give you the assistance and knowledge required to successfully navigate the legal process.
These types of accidents, in particular, lead us to a conclusion, sometimes you can comply with all the preventive measures, be lucid at the wheel, attentive, and at a prudent speed, but what you can never do is have under control the rest of the drivers sharing the road with you. Even when you follow all the rules to the letter, another driver may appear who ignores such rules and hit your car without the slightest care.
What to do if there are things on the road that we cannot control? The right thing to do is to be governed by the rule of law. Penalties for reckless drivers who break the balance and harmony must be severe. No more carelessness in the city. It is time to put the rights of all above the indifference of some.
At The Ward Law, our car accident attorneys have defended thousands of rear-end collision cases over the years. When dealing with insured drivers, the prognosis for repairing damages is almost always very positive. Even more so when there are injuries or other aspects that could imply an aggravating factor or a greater impact on the affected driver.
There have been cases in which the victims of rear-end car accidents have been forced to stop working for some time, which is also an element to take into account when requesting compensation.
Who is going to assume your living expenses while you are not working? Who is going to assume the rent? The maintenance of your family? Well, that should be done by the guilty party who brought you to a situation where you cannot return your life to normal. And we will take care of that. We will help you regain your smile when you see that justice exists in our community.
The city of Brooklyn we all want will be born from a more just society, with the rights of its citizens being recognized and with negligence or wrongdoing becoming less and less common.
Let's discover together the characteristics involved in this type of case. This information will be very useful if you have been involved in a similar case. If you find some points with which you identify, and you believe that our assistance will be valuable to help you obtain the compensation you deserve, do not waste any more time and contact us immediately. The sooner, the better. Letting time pass in vain can be detrimental to your interests.
Common Causes of Rear-End Collisions in Brooklyn/New York
As we mentioned in the introduction of this post, the causes for this type of event can be diverse, although the rule of keeping your distance from the vehicle in front of you is still a general rule when driving. However, then a series of details come into play. Aspects that can range from technical failures to human failures. Our experts have identified the following causes of these unfortunate events:
● Tailgating: Following the vehicle in front too closely can lead to rear-end collisions when the leading vehicle suddenly brakes.
● Distracted Driving: Activities such as texting, eating, or using a smartphone divert attention from the road and increase the risk of rear-end accidents.
● Sudden Stops: Drivers who make abrupt stops for traffic lights, stop signs, or pedestrian crossings can catch following vehicles off guard.
● Speeding: Excessive speed reduces reaction time, making it harder to stop in time to avoid rear-ending another vehicle.
● Impaired Driving: Alcohol or drugs impair judgment and reaction times, contributing to rear-end accidents.
● Fatigue: Drowsy drivers may fail to react quickly to sudden stops or slowing traffic.
● Weather Conditions: Rain, snow, or ice can make roads slippery, increasing the likelihood of rear-end collisions.
● Aggressive Driving: Aggressive behaviors like aggressive tailgating, road rage, and weaving in and out of traffic can lead to rear-end accidents.
● Inexperienced Drivers: Novice drivers may struggle with maintaining safe following distances and responding to sudden stops.
● Poor Visibility: Reduced visibility due to fog, heavy rain, or darkness can lead to rear-end collisions, especially if drivers don't adjust their speed accordingly.
● Mechanical Failures: Brake failures or other vehicle malfunctions can make it difficult for drivers to stop in time.
● Running Red Lights: Drivers who run red lights at intersections can cause rear-end accidents when cross traffic has the right of way.
● Following Too Closely in Traffic Jams: During congested traffic, following too closely can result in a chain reaction of rear-end collisions when one vehicle stops suddenly.
● Sudden Lane Changes: Drivers who change lanes abruptly without signaling or checking blind spots can cause rear-end accidents.
● Heavy Traffic: Stop-and-go traffic in urban areas like Brooklyn increases the likelihood of rear-end collisions, as drivers may become frustrated or distracted.
Rear-End Collision Laws in Brooklyn/New York
And now, let's talk a little bit about the part in which we are more specialized: the legal aspect. So many years in the field have allowed us to know the legal system of all the jurisdictions where we have had to operate. Our experts know backward and forward the legal framework that applies to New York, as well as Florida, another state where we currently represent clients.
Much of the legal language used in the laws is not generally understood by the public. However, it is not necessary to be a lawyer to be an informed person and to have notions of what the essential rights of all citizens mean.
Moreover, having a grasp of this legal framework will allow you to be one step ahead of citizens who are not as well-informed. You will be able to feel a little more secure if you have been affected by any of these facts. You will be able to recognize which legal aspects will favor you during the process, and you will be able to wait patiently for a judge to give you the reason.
We promote and disseminate relevant information so that our citizens are empowered and do not fear recklessness or other undesired driving behaviors. Since then, some of our readers have been contacting us to thank us for our work and telling us that since then, they have become more aware of aspects they were unaware of before.
We are doing our bit in building a more rule-abiding society. We know that this work will bear fruit little by little. Ye shall know them by their fruits - Matthew 7:16. These are the magic words of an ancient prophet, echoing in our offices when we receive such calls thanking us for our work.
Some of the most important rules that apply in these types of cases for the State of New York and the City of Brooklyn are as follows:
Understanding Liability and Negligence:
New York Comparative Negligence:
In New York, the concept of comparative negligence applies (N.Y. C.P.L.R. § 1411). This means that in rear-end collision cases, liability may not be solely on the driver who rear-ended another vehicle. It considers the percentage of fault of each party involved, potentially affecting the compensation they can receive.
"No-Fault" Insurance Implications:
- New York No-Fault Insurance Law: New York operates under a "no-fault" insurance system (N.Y. ISC. LAW § 5101). This system requires that, regardless of fault, your own insurance provider covers your medical expenses and certain other damages up to a limit. However, in cases of serious injury or significant economic loss, you may be eligible to step outside the no-fault system and pursue a claim against the at-fault driver.
Role of the New York Vehicle and Traffic Law:
- Following Too Closely: New York Vehicle and Traffic Law (N.Y. VTL § 1129) explicitly addresses the issue of following too closely, making it illegal to tailgate another vehicle.
- Negligent Driving: The law also covers negligent driving and reckless driving (N.Y. VTL § 1212), which can be relevant in rear-end collision cases, especially when factors like speeding or distracted driving are involved.
- Rules of the Road: Various sections of the New York Vehicle and Traffic Law outline rules of the road, such as obeying traffic signals (N.Y. VTL § 1110), yielding the right of way (N.Y. VTL § 1144), and stopping at stop signs (N.Y. VTL § 1172). Violating these rules can lead to liability in rear-end collisions.
How Can a Brooklyn Rear-End Accident Lawyer Assist?
● Legal Assessment: Conduct a comprehensive evaluation of your case, examining all aspects to determine liability and potential compensation options.
● Evidence Gathering: Diligently collect and preserve crucial evidence, including accident reports, witness statements, photographs, and surveillance footage, to build a strong and persuasive case.
● Communication with Insurers: Handle all communication and negotiations with insurance companies on your behalf, working to secure fair compensation for medical expenses, property damage, and other losses.
● Medical Records: Assist you in obtaining, organizing, and understanding your medical records and bills, ensuring that your injuries and treatment are thoroughly documented.
● Expert Witnesses: Engage expert witnesses, such as accident reconstruction specialists and medical professionals, to provide authoritative testimony and bolster your case, especially if liability is disputed.
● No-Fault Insurance: Navigate the complexities of New York's "no-fault" insurance system, identifying situations where a liability claim may be pursued outside of this system.
● Legal Advocacy: Act as your staunch legal advocate, representing your interests in court if necessary, and ensuring that your rights are protected throughout the legal process.
● Negotiation Skills: Leverage strong negotiation skills to engage in meaningful discussions with at-fault parties and insurance companies, working diligently to maximize your settlement.
● Understanding Comparative Negligence: Explain the nuances of New York's comparative negligence law and help establish your degree of fault accurately to optimize your claim.
● Statute of Limitations: Monitor and adhere to the statute of limitations, ensuring that your claim is filed within the specified timeframe to protect your right to compensation.
● Medical Treatment: Coordinate and facilitate access to necessary medical treatment and rehabilitation services, advocating for your well-being.
● Property Damage Claims: Assist you in pursuing property damage claims, ensuring that your vehicle is repaired or replaced promptly.
● Loss of Income: Aggressively pursue compensation for lost wages and potential future earnings if your ability to work is compromised due to the accident.
● Emotional Support: Provide compassionate emotional support throughout the legal process, recognizing the emotional toll that rear-end accidents can take.
● Client Education: Empower you with comprehensive information about your legal rights and options, enabling you to make well-informed decisions regarding your case.
As we see, the aspects in which you can benefit from the advice of a lawyer are many. There is no point in you facing all the difficulties that can arise with these cases alone. You must have the help of an expert, a professional who is willing to serve others most of the time.
At The Ward Law, we will be attentive to your settlement with us. Since we arrived in New York, we have helped many people with cases similar to yours. Do not hesitate. You have arrived at the right place. That is already good news. God bless you.