Can You Sue for Chain Reaction Car Accidents in NYC?
Chain reaction accidents can be hard to stop or avoid once they begin. Suing for such an accident can be tricky. Many people are unsure who is to blame since multiple drivers are involved.
Chain reaction car accidents tend to involve one car crashing into a second. The second car then might crash into a third, the third into a fourth, and so on. You can sue for a chain reaction car accident, but determining who should be held liable is often difficult. While the first driver who caused the initial accident might be to blame, the other drivers might have contributed somehow and should be held responsible. Injuries in chain reaction crashes might vary based on where you were in the chain. Whiplash is a common injury, as many chain reaction accidents involve rear-end collisions and drivers being violently thrown forward and back.
If you were hurt in a chain reaction collision, call our NYC car accident lawyers at (718) 841-0083 and schedule an appointment for a free case evaluation with our team at The Carrion Law Firm.
How Chain Reaction Car Accidents Can Happen in NYC
Chain reaction car accidents can be complicated. Injured victims often are unsure where the crash began or who initially caused the accident. Generally, a chain reaction accident involves one driver crashing into another vehicle. The second vehicle then is pushed into an accident with a third vehicle. The third vehicle might then hit a fourth, and so on. You can think of these accidents as a chain reaction or a domino effect.
The key to taking legal action for chain reaction car accidents is identifying all the other drivers involved, especially the first driver who caused the initial accident. When suing, the fault might lie solely in the initial driver or be spread out over several drivers. Determining which drivers contributed to the accident and which are other victims can be extremely difficult. Our Long Island car accident lawyers can help you review numerous details from the accident, including the police report, to figure out who you can sue and what kind of damages you can claim.
How to Sue for Damages for a Chain Reaction Car Accident in NYC
While chain reaction crashes are often complicated, injured victims may still file lawsuits for damages. It is wise to hire an attorney to help you, as suing for a chain reaction car accident in New York can be complicated for several reasons. First, New York imposes a “serious injury” requirement on car accident cases. Second, identifying who is responsible can be challenging as many drivers are likely involved.
Serious Injury Rule
New York enforces no-fault insurance laws. Under these laws, drivers are required to carry no-fault insurance policies, often referred to as personal injury protection policies. Instead of filing third-party claims with the other driver’s insurance, an injured driver files a claim with their own insurance. They should be covered regardless of who is at fault. This means you could be at fault for the accident and still be covered by your insurance.
One of the reasons for no-fault policies is to help drivers avoid unnecessary lawsuits. If you want to sue, you must meet the state’s serious injury requirement.
According to I.S.C. Law § 5104(a), an injured driver may sue for damages only if they can show they have a serious injury. A serious injury is defined under I.S.C. Law § 5102(d). It includes losing limbs, death, significant disfigurement, broken bones, losing a fetus, and the permanent loss or limitation of a body part or organ. You can also show you have a serious injury if your injury prevents you from engaging in normal daily tasks for at least 90 days out of the 180 days right after your accident.
Your lawyer can help you prove you have a serious injury. This might require visiting a doctor if you have not done so already.
Identifying Defendants
Another hurdle to lawsuits for chain reaction car accidents is figuring out who the defendant is. As mentioned, one of the most complicated elements of these kinds of cases is that many drivers are involved, and one or several of them might be at fault.
An important step is identifying where and how the chain reaction rash began. This usually involves determining where the initial collision in the chain happened and who caused it. The first driver is often the root cause of the entire accident, and they should be named in your lawsuit. However, some of the other drivers might have also been negligent.
Other drivers in the chain might have been able to stop the accident or prevent themselves from being involved had they not also been driving negligently. For example, the initial driver might have rear-ended you at a red light, pushing you into the intersection. A second driver might have struck you in the intersection, continuing the chain reaction. Then, a third driver might have been speeding and looking at their phone before colliding with you and the second driver in the intersection. You might sue the initial and third driver for their negligence.
Common Injuries in Chain Reaction Car Collisions in NYC
Chain reaction accidents might involve a whole host of injuries and damages. A common example of a chain reaction collision is a rear-end accident involving multiple cars. The first driver might rear-end a second driver waiting at a red light. The second driver might then be pushed into the back end of a third car. The third car might strike the car in front of it, and so on. Often, drivers experience severe whiplash injuries from these kinds of accidents. They might also hit their heads against the steering wheel and experience concussions, brain injuries, or worse.
Contact Our NYC Car Accident Lawyers to Talk About Suing for a Chain Reaction Car Crash
If you were hurt in a chain reaction collision, call our Manhattan car accident lawyers at (718) 841-0083 and schedule an appointment for a free case evaluation with our team at The Carrion Law Firm.