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Rear-End Accident Lawyer in Queens

Have you ever heard the recommendation to keep your distance from the car before you while driving? Driving instructors always emphasize that a safe distance between each motor vehicle is when you can still see the vehicle's license plate in front of you. Although you didn't fully understand it when you first learned to drive, the purpose of keeping an optimal distance from another vehicle was to avoid rear-end accidents. 

However, there are drivers who have not yet been able to internalize this basic principle of orderly traffic and responsible driving. On the contrary, they tend to stick too closely to the vehicles in front of them, shortening distances and increasing the risk of an impact with unfortunate consequences for all involved. 

This could sound like an advice repeated over the years. However, It has been proven that in cities where there is greater awareness and application of principles such as taking a considerable distance from the other vehicle, accident rates are much lower. 

Maintaining a safe distance from the vehicle in front of you while driving is crucial for several reasons: 

  • Reaction Time: Maintaining a safe following distance enables you to respond quickly to any sudden movements made by the car in front of you, such as braking suddenly or swerving. To prevent accidents and ensure your safety, you must allow for this additional time. 
  • Stopping Distance: A larger following distance gives you enough room to safely stop your car without hitting the back of another car. Your car needs some time to completely stop, especially when traveling at higher speeds. 
  • Visibility: Maintaining a safe distance improves your ability to see the road in front of you. It may be difficult to see potential hazards or obstacles being so close to the car in front because your view may be obscured. 
  • Emergency: In the event of an emergency, having enough room in front of your car will allow you to make evasive maneuvers without putting yourself or others in danger. If the car in front suddenly stops or runs into something, it's crucial to have room to maneuver. 
  • Less Stress: Maintaining a safe distance makes for a less stressful driving experience. When you aren't tailgating, you have time to gradually increase or decrease your speed, which can ease both your own and other drivers' stress levels. 
  • Avoiding Chain Reactions: If you're following another car too closely and it suddenly stops, it might cause a series of collisions behind you. You help to improve traffic flow and avert unnecessary accidents by keeping a safe distance. 
  • Weather Conditions: such as rain, snow, or fog, can have a big impact on stopping distances. If your car crashes and you lose control of it. You can adjust to shifting driving conditions and prevent potential skidding by maintaining a greater following distance. 

Remember, the general guideline for a safe following distance is to stay at least 2-3 seconds behind the vehicle in front of you. This allows you to gauge a safe distance regardless of your speed. In adverse conditions or at higher speeds, it's advisable to increase this distance further. Safe driving practices contribute to road safety and help prevent accidents. 

A Queen’s rear-end accident lawyer from the Ward Law Group will give you the best advice regarding your case. Please do not go through this process alone. Trust in our professionals. Contact us right now and receive a free case evaluation! 

Definition of Rear-End Accidents 

A car accident case involving two vehicles colliding from behind is known as rear-end collision. These mishaps frequently result from vehicles traveling too closely behind one another or failing to maintain a safe stopping distance. They can occur in a variety of situations and lead to a variety of personal injuries and losses. 

Typical Scenarios and Causes 

Rear-end accidents can occur in various situations, including: 

  • Sudden Braking: If the vehicle in front brakes suddenly, the vehicle behind it might not have enough time to stop in time, which could lead to a collision. 
  • Traffic congestion: Slower speeds can result from heavy or sudden congestion, so it's critical for drivers to keep a safe following distance to avoid collisions. 
  • Distracted Driving: Motorists may miss slowed or stopped vehicles in front of them if they are preoccupied with their phones, conversations, or other activities. 
  • Tailgating: Rear-end collision risk increases when a car follows another one too closely, slowing down its reaction time. 
  • Speeding: This practice makes it more difficult for drivers to stop in time to avoid collisions, especially in situations requiring sudden or congested stops. 

Difference Between Rear-End Accidents and Other Types of Accidents 

Rear-end accident in queens differ from other types of accidents in several ways: 

  • Fault Assign: The driver of the trailing vehicle is typically held responsible for rear-end collisions. This is so that collisions can be avoided, and drivers are expected to maintain a safe following distance. 
  • Injury Patterns: Because of the sudden jolt of impact, rear-end collisions frequently cause specific injuries, like whiplash. In contrast, other accidents could result in a variety of injuries depending on how they happened. 
  • Visibility: Poor visibility or driver negligence frequently causes rear-end collisions. Other kinds of accidents could be caused by things like intersections, lane changes, or turning. 

Rear-End Collision Laws in Queens/New York Law 

Rear-end collisions are subject to specific laws and regulations in Queens and throughout New York. Understanding liability, negligence, insurance implications, and the relevant sections of the New York Vehicle and Traffic Law is crucial in the event of a rear-end car accident. 

Understanding Liability and Negligence 

In rear-end collisions, the trailing driver is frequently held responsible. Drivers must keep a safe following distance and be ready to stop or slow down if the vehicle in front does. Negligence would be doing so instead. Liability, however, is not always clear-cut and can be affected by particular circumstances. 

If the leading driver's actions caused the collision or provoked any car accident injury, comparative negligence may be relevant. For instance, unwarranted reversing or braking may affect liability assessment. In such circumstances, the degree of fault of both drivers is assessed, and compensation is modified accordingly. 

The Effects of "No-Fault" Insurance 

New York has a "no-fault" insurance system, which means that regardless of fault, each driver's insurance covers their medical expenses and financial loss up to the policy limit. The purpose of the system is to speed up claims processing and minimize litigation. However, for serious injuries that exceed the no-fault limit, accident victims may be able to seek compensation beyond what their insurance covers. 

Role of the New York Vehicle and Traffic Law 

The New York Vehicle and Traffic Law outlines rules and regulations for drivers in the state. Several sections are relevant to rear-end collisions, including: 

  • Section 1129: To prevent collisions, this section requires drivers to keep a safe following distance. According to it, drivers shouldn't follow another vehicle any closer than is prudent and reasonable, taking into account the amount of traffic, the speed limit, and the state of the road. 
  • Section 375: This section deals with equipment infractions, such as the need for working brake lights. A driver may be held accountable if their brake lights fail and cause a rear-end collision. 
  • Section 388: According to this section, vehicle owners are liable for the negligence of drivers who use their vehicles with permission. 

Injuries Commonly Sustained in Rear-End Collisions 

In all our years of experience, we have seen any number of cases and types of injuries related to rear-end accidents. Even though we are not doctors but lawyers, we have detected that in certain cases both professions are integrated to work together hand in hand in the best possible recovery of those affected. 

In other words, a problem of this type should not only have a legal approach or just beginning a personal injury claim but also a human approach based on medical science that favors health. 

The recovery process will take some time, but if we manage to identify the most common characteristics of the type of injury suffered after the accident, it will be easier to follow the corresponding recommendations and move forward with your case over time. Below, we have identified some of the most common examples of the type of injuries: 

  • Neck and whiplash injuries: Whiplash is a common injury following a rear-end collision. The head may jerk forward and then snap back as a result of the forceful impact, putting strain on the neck muscles and ligaments. Neck pain, stiffness, headaches, and restricted range of motion are some symptoms. 
  • Spinal and back injuries: A rear-end collision's impact can result in spinal compression, herniated discs, and other back injuries. Chronic pain, restricted mobility, and in severe cases, paralysis can all be consequences of these injuries. 
  • Head and Traumatic Brain Injuries: Even when wearing a seatbelt and an airbag, an impact can still cause the head to strike the dashboard, steering wheel, or window. Concussions, contusions, or more severe traumatic brain injuries (TBIs) may result from this, which may impair one's cognitive, emotional, and physical abilities. 
  • Face and dental injuries from airbag deployment: Airbags inflate violently to safeguard passengers. Rapid inflation can result in facial abrasions, fractures, and dental injuries because of the impact of the airbag, even though they can stop more serious injuries. 
  • Soft Tissue Injuries: In a rear-end collision, ligaments, tendons, and muscles may be strained, sprained, or torn. These soft tissue injuries may result in discomfort, edema, and limited motion. 

Insurance Companies and Rear-End Collisions 

Negotiating with insurance companies may not be very easy for someone who is not trained in understanding and interpreting the clauses that apply if the event of this type of accident happens. Normally, insurance companies will want to reduce the amount of coverage for the accident as much as possible. 

For this reason, it is important to have the support of an attorney from our team who specializes in this type of negotiation to obtain the greatest possible benefit in your favor. 

Following a rear-end collision, navigating insurance companies requires knowledge of your rights and their strategies. This point is where a personal injury attorney is very important: 

  • Companies frequently try to minimize payouts and settle claims as quickly as possible. Be wary of low offers and downplayed injuries. 
  • Avoid admitting fault or not being honest regarding injuries when speaking with insurance adjusters. A lawyer should be consulted before making statements. 
  • Legal Professional: An experienced attorney represents you and negotiates with the insurer on your behalf to ensure fair compensation. They evaluate all of your losses and uphold your rights. 

Factors Influencing Compensation Amounts 

The amount of compensation to be obtained may be affected by a number of specific and changing factors. Our professionals have been able to identify the most relevant ones: 

  • Injury severity: A major factor in determining the amount of compensation is the victim's degree of injuries. Because of the significant medical expenses and drawn-out recovery times involved, more serious injuries that necessitate intensive medical care, surgeries, and rehabilitation frequently result in higher compensation. 
  • Impact on Quality of Life: It is also taken into account how the injuries will affect the victim's general quality of life. In addition to the physical limitations brought on by the injuries, compensation also considers the emotional pain and suffering endured. The victim's diminished capacity to engage in regular activities and pastimes is also taken into account when determining compensation. 
  • Earning Potential: The victim's potential loss of future earnings and lost wages may be taken into account if the injuries suffered in the rear-end collision result in a reduced capacity to work or even a permanent disability. The purpose of compensation is to ease the financial burden brought on by lost income and potential career changes. 
  • Medical Costs: The accident-related medical costs, both present and future, play a significant role in calculating the compensation amount. This covers the price of required future medical procedures, therapy, and rehabilitation. 

We must be aware that these factors affecting compensation are considerations from a general perspective. Normally, each case will be evaluated on a case-by-case basis to identify the elements that will favor our legal strategy. 

At The Ward Law Group, we work every day for a better community. We want to see a safer Queens for all pedestrians and drivers. No one deserves to be violated for recklessness that could have been avoided. We invite you to contact us so that you can stop carrying the burden of this painful situation alone. 

Our car accident attorneys will accompany you from the first moment until your case is completely solved. Our experienced Queen car accident lawyers are going to be key to helping you succeed.