Denis Davydov
New York Rear End Car Accident Lawyer
Rear-end collisions are collisions that happen when the back of one car is hit by the front of another. These collisions often occur due to distracted or negligent drivers, but they can also happen when a driver breaks suddenly, and another driver follows them too closely. If you’ve been involved in a rear-end collision, the best way to protect your legal rights is by consulting with a rear end car accident lawyer. At The Law Offices of Denis Davydov, we are here to help. We’re here to answer your legal questions and counsel you on the best route for your case. Call today – all consultations are free (718) 332-5919.
New York Comparative Negligence Rule: Who Is Liable in a Rear End Crash?
When someone is rear-ended by a car, it is often assumed that the person who crashed into a vehicle is liable. But in some cases, it’s not that simple. There are many elements that can contribute to an accident and some of them may place blame on either party.
In general, motorists are expected to maintain a safe following distance between themselves and the vehicles in front of them. This means that if the car ahead comes to an abrupt stop for some reason, you should also be able to stop safely without crashing into it.
New York state has a comparative negligence rule. Under this rule, each party is responsible for their respective contributions to the accident, and may be held at fault for their actions. Many insurance carriers will assign blame to both drivers, based on their actions – for instance one driver may be found 70% responsible, while another is 30% responsible.
Although both parties are found at fault negligent in many rear end car accident cases, this is not always true. Sometimes one driver may be blamed for the entire accident, these cases may include:
- A reckless driver cuts off another driver and brakes suddenly.
- A vehicle quickly reverses without reason.
- The driver of a malfunctioning car continues to drive.
- A driver stopped in traffic was hit from behind, and the impact pushed his vehicle forward, rear-ending the car in front.
My car was hit by a truck and I spend almost a month in a hospital. Dennis was very kind and patient, and told me exactly how the case would proceed. He was very honest, and gave me all the information I asked for. He told me that big cases often take a while but I always knew what was happening and I could always reach out to him. They even called me sometimes to ask how I was feeling! Anyway, I'm better now but still have some headaches and backpain. They are great lawyers, and I'm happy with the result.
New York No Fault Rules in Rear End Car Accident Cases
New York’s no-fault auto insurance policy helps to protect drivers from high medical expenses in the event of an accident. In New York, regardless of who was at fault, any person in a vehicle will be covered with a No Fault insurance policy. This coverage only applies to individuals and does not include property damage.
In New York, personal injury claims are governed by the no-fault rule. In order to bring a personal injury lawsuit, your injuries should exceed a certain level of severity – or your losses should exceed the limits of the No-Fault policy. Such injuries as broken bones, significant limitations of function, and significant disfigurement may allow one to bring a personal injury claim outside of the no-fault policy.
means that unless the damages exceed the monetary limits of the insurance policy, the victim of a rear-end car accident cannot file suit for personal injury. A lawsuit may also be filed if the victim sustained injuries that are not on the list of compensable injuries like broken bones, serious disability, and etc. Contact a personal injury attorney to learn more about the no-fault policy in New York. It may be difficult to determine if your injuries fall outside of no-fault policy, this is where a qualified rear end car accident lawyer can help. Call the Law Offices of Denis Davydov today for a free consultation.
What are the most common causes of rear-end accidents in New York City?
Rear-end collisions happen for a variety of reasons, including distracted driving. At times a driver may not be paying close attention to the road and to the car in front of them. When a driver’s attention is not primarily directed at the road and the car in front of him or her, they will be less likely to stop if the driver in front of them presses the brakes. Distractions such as texting, changing radio stations, or paying too much attention to passengers are common causes of accidents. Other common causes of rear-end collisions include:
- Driving aggressively. One potential danger of driving is being tailgated by other drivers. You may find yourself in a dangerous situation where the driver is right on your bumper with no way to stop if you need to suddenly slow down.
- Driving while intoxicated. Alcohol and driving don't mix. Alcohol can impair a driver's depth perception or judgment, which significantly increases the chances of an accident.
- Reckless driving. From speeding to moving lanes without checking, there are various scenarios in which a driver could rear-end you. When a driver is being careless while following the rules of the road, he is risking the safety of everyone on the road including himself.
Although accidents are unpredictable, avoiding them can be easier than one may think. By practicing safe driving behavior such as following lane rules and paying attention to cars ahead of you, you are reducing your chances of becoming the cause of another car’s rear-end accident. Sometimes however, even driving defensively doesn’t prevent a car accident. In those cases, we are here to help – call to speak with an experienced rear end collision attorney today (718) 332-5919.
Common injuries from rear-end collision in New York:
Rear-end collisions account for nearly half of all accidents that injure drivers, making these types of collisions one of the leading causes of serious car accident injuries. It’s no surprise that this is the case because the impact when a car strikes the vehicle in front it is comparable to smashing into a wall at half the speed.
Rear-end crashes may at times result in minor injuries or property damage. However, if the impact is severe enough this type of motor vehicle crash can cause more serious injuries including whiplash, head trauma, neck and spinal injuries, broken bones, and even death.
Whiplash is a common type of neck injury that occurs in a rear-end crash. This is usually due to a violent and rapid back and forth motion of the neck. In the case of whiplash, there are often no immediate physical signs to indicate an injury. However, following a few hours after a crash a victim of whiplash may experience symptoms such as headaches, neck pain and stiffness, a loss of flexibility in neck’s motion, or back and shoulder pain. If left untreated, whiplash can worsen into chronic neck pain and other complications.
Because the injury is not outwardly visible and difficult to prove, insurance companies have been skeptical of claims for whiplash injuries. Soft tissue injuries like whiplash are now better known as cervical strains or hyper-extension.
After an accident, many people fail to seek appropriate medical attention because they see no visible injuries or do not realize that internal injury may have occurred even when there are no noticeable external wounds. Even if you believe you’re fine, what may be a mild injury could worsen as it goes untreated and become life-threatening. Seeking immediate medical attention as soon as possible is vital to receiving proper treatment and understanding the extent of your injuries. This will also help you establish a more valid claim for the damages incurred.
I was in a car accident about two years ago, and I was hurt bad. I went to another lawyer but they didn't really seem to care much so a friend told me about Denis Davydov law office and said to go here instead. They were so nice, I'm really glad I made the switch. After I switched my car accident lawyer, the whole process went much smoother and I was able to get a good settlement, and get it quickly too. Definitely happy with my experience and would tell anybody to go here.
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Getting Help From Experienced New York City Rear End Car Accident Lawyers at the Law Offices of Denis Davydov
Dealing with the aftermath of a rear end car accident can be difficult and time consuming. The damages and the trauma caused by the crash can leave lasting physical and mental scars on the person involved. You should not go through this process alone. At the Law Offices of Denis Davydov, our rear end car accident lawyers will be there to help you every step of the way. During your free consultation, we will help you assess whether someone else was at fault for your injuries. To schedule your free legal consultation from our New York car accident lawyers. Call us now (718) 332-5919 .
