Rear-end accidents are present in all cities around the world and in Yonkers, there is no exception. These accidents, which are also known as rear-impact collisions, occur when one vehicle hits the rear of another vehicle.
It is known that around 30% of all accidents nationwide are rear-end collisions. These types of accidents are pretty common and can cause serious injuries that can have long-term consequences for the victims.
If you were injured in a rear-end accident in Yonkers, you may be entitled to receive compensation for your damages. It is important that you look for medical assistance to discard a major injury and also to have a document that supports you were injured in a rear-end accident.
The National Highway Transportation Safety Administration (NHTSA) ran a study in 2003 in order to mitigate these types of accidents by having a full understanding of how and why they happened. The study focused on the driver attributes and rear-end crash involvement propensity.
The study concluded that the involvement in a rear-end accident decreases with the driver’s age, and young males up to 25 years old are more likely to be driving the striking car than older drivers.
Common Causes of Rear-End Collisions in Yonkers
Rear-end accidents can happen for a variety of reasons, including:
- Following too closely
- Not paying attention to the road
- Driving distracted
- Not being aware of the traffic conditions
- Braking too late
- Brake failures or vehicle malfunctions
One of the first instructions when someone is learning to drive is to be cautious and leave a safe space between the car in front of you. However, it seems that drivers who engage in rear-end accidents do not remember that crucial advice.
That is why when we see a rear-end accident in Yonkers, we assume that the striking car was negligent. If you were involved in an accident and want to make sure to fully recover from it, you should look for the expertise of a rear-end accident lawyer who knows all the potential causes and knows how to handle a case like these.
Rear-End Collision Laws in Yonkers
Liability and Negligence
When there is a rear-end collision, both parties must show evidence to prove who was at fault in order to find out the at-fault party. It is always presumed that the striking car was at fault.
This is because the driver of the rear vehicle has a duty to maintain a safe distance between their vehicle and the vehicle in front of them. If they fail to do so, they may be considered negligent, but that’s not always true.
There are a few exceptions to the presumption of liability in rear-end accidents. For example, the driver of the front vehicle may be found to be negligent if they:
- Suddenly braked for no reason
- Made an illegal turn
- Failed to signal their intention to turn
- Were driving under the influence of alcohol or drugs
Negligence is a legal term that means that someone failed to take reasonable care and caused harm to another person. In this context, it depends on what driver performed negligent acts that led to the accident.
“No-Fault” insurance implications
When there is an accident in New York, it doesn’t matter what type; victims must seek compensation from their car insurance in the first place. All drivers in New York are obliged to comply and carry car insurance with at least the basic coverages.
Any driver has a Personal Insurance Protection coverage that was designed to protect the driver and their passengers in case of suffering injuries in a car accident. The basic coverage is $50,000 to pay for medical bills, lost wages, transportation, or other expenses related to medical assistance due to their injuries.
The No-Fault rule was made to minimize the amount of lawsuits that courts would be facing.
Modified comparative negligence
New York is a "modified comparative negligence" state. This means that if you are found to be partially at fault for an accident, your damages will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, and your damages are $10,000, you will only be able to recover $8,000.
This can happen in an accident when the struck car suddenly braked for no reason, and the rear driver didn’t leave a safe space between them to avoid the accident.
Statute of limitations
The statute of limitations for filing a personal injury lawsuit in New York is three years. This means that you must file your lawsuit within three years of the date of the accident.
We have received clients in the past who became aware of the compensation they could have recovered in that rear-end accident in Yonkers. Unfortunately, when we reviewed the case, we found out that they passed the three years of the statute of limitation.
It’s a shame to let them know they have lost the opportunity to present a claim for an accident that injured them. There are some exceptions to the three years. However, those are very rare to happen.
You should seek legal help as soon as possible from a Yonkers rear-end accident lawyer.
Injuries Commonly Sustained in Rear-End Collisions
In these accidents, the victims more adversely affected are the ones in the struck car. Because of the transfer of force from one car to another, it will depend on whether the struck car passengers are wearing their seatbelts or not.
If they are wearing seatbelts, the force of the impact can be directed to their necks, causing Whiplash neck injuries and soft tissue injuries. The striking car users are also prone to injuries such as head and traumatic brain injuries, face and dental injuries from airbag deployment, and spinal and back injuries.
The severity of these injuries will vary depending on the speed and type of vehicle involved in the accident. We always encourage victims, even if the accident was a fender bender or they don’t feel any immediate pain, to go to the hospital to get a full evaluation from a medical expert.
Some people may not feel any pain due to the adrenaline of the moment, but they may feel symptoms later that day or the next morning.
Steps to Take After a Rear-End Collision in Yonkers
Experiencing a rear-end collision can be disorienting and stressful. However, knowing the proper steps to take in the immediate aftermath can make a significant difference in ensuring your safety and protecting your rights. If you've been involved in a rear-end accident in Yonkers, follow these essential steps:
1. Prioritize Safety First
The first and most crucial step is to prioritize your safety and the safety of others involved. If possible, move yourself to a safe location, such as the shoulder of the road, to prevent further accidents. Turn on your hazard lights to alert other drivers to the situation. Check for injuries, both in your vehicle and in others involved, and call for medical assistance if needed.
2. Contact Law Enforcement
It's vital to report the accident to the local authorities, even if the damage appears minor. A police report will serve as an official record of the incident and may be crucial for insurance claims and potential legal proceedings. Provide the responding officer with accurate and detailed information about the accident.
3. Gather Evidence and Information
While at the scene, gather as much evidence as possible. Take photographs of the vehicles involved, capturing any damage sustained. Exchange contact and insurance information with the other party or parties involved. Additionally, collect contact information from any witnesses present. This information may prove invaluable later on.
4. Seek Medical Attention
Regardless of the severity of your injuries, it's crucial to seek medical attention promptly. Some injuries may not manifest symptoms immediately, and a medical professional can provide a thorough evaluation. Documenting any injuries and treatments received will be crucial for potential legal claims.
5. Consult a Rear-End Accident Lawyer
Once you've taken these initial steps, it's advisable to consult with a seasoned rear-end accident lawyer in Yonkers. They will guide you through the legal process, ensuring your rights are protected and advocating for the compensation you may be entitled to.
An experienced lawyer will be well-versed in New York personal injury laws and will work diligently to build a strong case on your behalf.
Remember that if you feel too nervous or shocked by the accident, you can always call us, and we’ll send one of our lawyers right there to the accident scene so you can rest and receive medical assistance while your lawyer from The Ward Law Group is taking care of the rest of the steps.
Factors Influencing Compensation Amounts
When seeking compensation after a rear-end accident in Yonkers, understanding the factors that influence the amount you may be entitled to is crucial. These factors encompass both economic and non-economic damages, each playing a distinct role in determining the overall compensation. Here, we'll delve into the key components that shape the compensation process.
Economic damages refer to the tangible, quantifiable losses resulting from a rear-end accident. This category encompasses expenses that have a clear financial value attached. Medical bills, including hospital stays, surgeries, prescription medications, and rehabilitation, are prominent examples of economic damages.
Additionally, it includes lost wages due to the inability to work following the accident. Property damage, such as repair or replacement costs for your vehicle, is also factored into economic damages. These concrete financial losses form the foundation of the compensation calculation.
Non-economic damages, in contrast, pertain to intangible losses that can be harder to quantify. These include the pain and suffering endured as a result of the accident.
This encompasses physical pain, emotional distress, anxiety, and any diminished quality of life experienced post-accident. Non-economic damages also consider any loss of consortium, which refers to the impact the accident has on relationships and companionship. While these damages don't have a direct financial value, they are equally significant in acknowledging the overall impact of the accident on your well-being.
Determining an appropriate balance between economic and non-economic damages is a crucial step in seeking fair compensation. This balance is contingent on the unique circumstances of each case.
Severe injuries or long-term disabilities may result in higher economic damages, while emotional distress and lasting psychological effects may warrant significant non-economic damages. A skilled rear-end accident lawyer in Yonkers will carefully assess the details of your case to ensure that all relevant damages are considered.
Yonkers Rear-End Accident Lawyer
The Ward Law Group has a team of committed rear-end accident lawyers that has proved to be successful when it comes to defending our client's rights. With over 25 years old in the personal injury field, our lawyers are fully trained to represent you in case of a transit accident.
We understand how painful your injuries are and how confusing the process of seeking compensation can be for injured people. Therefore, we provide an easy way to communicate the steps and legal requirements to our clients, so they can feel secure and know what we do for them.
We are committed to providing a high-level service, especially to the Hispanic community who lives in Yonkers, New York. Don’t hesitate to contact us for a free consultation of your case at 855-DOLOR-55.