Rear-end accidents happen constantly, and most people assume that the following driver is always to blame. That is often, but not always true, and there are several common scenarios in which the rear driver is the victim, not the liable party.
You aren’t automatically to blame for a rear-end accident, so don’t assume you are and accept fault or apologize. Instead, call the police, document the scene, and then reach out to our lawyers. Suppose the driver in front of you recklessly slammed on their brakes, giving you no time to respond. In that case, they may be liable for the accident and any injuries you sustain.
Call The Carrion Law Firm’s New York car accident lawyers for a free case evaluation at (718) 841-0083.
Am I Automatically at Fault if I Rear-End Someone in New York?
V.A.T. Law § 1129 requires drivers to maintain a safe distance from cars in front of them to avoid rear-end accidents, which are some of the most common motor vehicle collisions. While the rear driver is often presumed to be at fault for a fender-bender in New York, that is not always the case.
You are not automatically at fault if you rear-end someone. While the rear driver is often to blame, brake checking, vehicle malfunctions, and road imperfections might cause a crash that you are not liable for, even if you were the rear driver.
Brake checking is reckless and occurs when a driver slams on their brakes, virtually forcing the rear driver to strike them. With no time to react, a driver might be unable to slow down in time and avoid a crash. Some drivers do this to intimidate other drivers and prevent them from tailgating, only to cause unnecessary collisions.
Do not automatically assume you are at fault after a rear-end accident, and do not apologize for the crash. That can get misconstrued as you accepting liability and may complicate your recovery if you are injured and need compensation for medical bills, property damage, lost wages, and other damages.
What Should I Do Automatically After a Rear-End Accident?
There are several things you can do after a rear-end collision to show you were not at fault despite being the rear driver in the accident.
Call 911
If you did not cause a rear-end accident but are the rear driver in a crash, you should still call the police. When you call 911, say if you are injured and need an ambulance.
When officers arrive, explain what happened. Tell the police if the driver in front of you checked their brakes or if a road imperfection or vehicle malfunction caused the crash. Be concise but accurate, and do not accept fault in any capacity.
We can help you obtain the police report once it’s completed and review it with you to identify any useful or inaccurate information.
Take Photos
Take pictures of your vehicle and the other car involved. Photos help explain how accidents occurred and show the extent of property damage, like dents, broken headlights, and visible scratches.
Never leave a crash site without taking photos, and give all pictures you take to our lawyers.
Get Medically Assessed
Whiplash, facial fractures, and concussions are common injuries sustained in rear-end accidents. If you’re in pain, get assessed right away. If you notice discomfort in the following days, get medical attention at that time.
Our Bronx, NY car accident lawyers need evidence of your injuries, which hospital or urgent care records can provide.
Call Our Lawyers
Many drivers assume they are automatically a fault for rear-end accidents in New York and that they cannot seek extra compensation than what their personal injury protection insurance provides if they need it. We can explain the different scenarios in which the following driver wouldn’t be liable and determine if your accident aligns with any of them.
Can I File a Lawsuit if I Rear-End Someone in New York?
You can file a lawsuit after rear-ending someone if you pass the serious injury threshold; there is still time left within the statute of limitations, and someone else is ultimately liable for the accident.
Do You Pass the Serious Injury Threshold?
To file a lawsuit after a car accident in New York, victims must pass the serious injury threshold. Fault typically doesn’t matter in New York car crashes unless a victim suffers a serious injury and needs more damages than their personal injury protection provides. We can compare your injuries to those listed under I.S.C. § 5102(d) and see if you pass the serious injury threshold and can file a rear-end accident lawsuit.
Are You Still Within the Statute of Limitations?
You also can only file a lawsuit if you are still within the statute of limitations. Most car accident claims must be brought within three years, or else victims lose the chance to sue. We ideally file lawsuits far earlier than the filing deadline, although some cases require a significant portion of the statute of limitations to prepare.
To ensure you file a rear-end car accident lawsuit within New York’s statute of limitations, let us start working on your case today.
Is Someone Else Liable?
Right after a rear-end accident where you were the following driver, let us determine if someone else is liable. Video footage from nearby security cameras may show the driver ahead of you slam on the brakes, recklessly stopping and causing the crash. Eyewitnesses’ statements may provide corroborating evidence.
Brakes malfunctioning may cause rear-end accidents, and drivers may sue the negligent manufacturer for defective parts.
If someone else rear-ended you, forcing you to rear-end the car in front of you and causing a chain-reaction car accident, you also would not be liable.
Call Our Us for Help with Your Car Crash Case
Call The Carrion Law Firm’s Brooklyn, NY car accident lawyers at (718) 841-0083 for a free case discussion.