From Fender Bender to Lawsuit: What to Do After a Rear-End Accident
The established rule of the road has always been that in a rear-end collision, the rear vehicle is liable. Of course, there are exceptions to this rule, but the understanding that cars need to maintain a safe distance from one another has created a precedent that is hard to overcome. After any crash, it’s essential to remain calm because the first steps you take after an accident and reporting are crucial to keeping everyone safe.
- Call 911 immediately
- Move to safety
- Gather information from all parties and any witnesses
- Take pictures and videos of the crash
- Contact an accident lawyer
It’s illegal to leave the scene of an accident in New York without exchanging information. Utilizing a White Plains car accident lawyer is the best way to ensure that you get the compensation you deserve while helping your family deal with insurance companies after a car accident.
Understanding Rear-End Collision Causes in White Plains
Most courts assume that the rear driver was at fault, and statistics show that most rear-end collisions are preventable. The leading causes in NYC and White Plains are from:
- Distracted driving and mostly phones
- Excessive speeding
- Aggressive driving
Courts who assume the rear driver’s negligence can leave those responsible drivers financially liable for the damages and it’s unjust. New York law imposes the duty on drivers to maintain that safe distance. Still, there are exceptions to the rule in which the rear driver needs to prove that an unforeseeable situation necessitated a shorter following distance. A car accident lawyer will be able to help you investigate the collision and speak to your insurance company on your behalf to help you prove this was the case.
Who is Liable in a Rear-End Accident?
After a rear-end accident in NY, you can take the first steps to create a case by collecting evidence if you are not injured. However, it’s essential to understand that it is not your job to determine liability. Our White Plains car accident lawyers will be able to conduct our own thorough investigation to help determine your legal options. Even if you are determined to be liable for the rear-end accident in New York, you may still be able to be awarded compensation.
New York is a no-fault state, and your insurance will be responsible for covering your personal injury damages. This is why a free consultation with a personal injury lawyer in New York before you speak to your insurance company is vital to a successful case.
What About Multi-Car Pile-ups?
When the car in front of you stops short, you are presumed to be at liability for the accident, which also extends to multi-car pile-ups. The rear driver will be presumed liable for the damages in a multi-car pile-up, the only exception being chain link accidents, which gives liability to other driver’s negligence as well. This means that if you are the rear driver in a chain link collision, you will be presumed liable for the middle car’s damages, but if the middle car bumps into the lead car, they may be liable for some portion of the lead car’s damages.
Multi-car pile-ups add extra layers to the claims and complicate the investigation. An accident attorney will help clear up the complicated nature of the accident so you can focus on healing and your family.
Why You Need a White Plains Rear-End Accident Lawyer
Insurance companies want you to accept fault and not give you the coverage or compensation that you need. With complicated state laws like those in New York, a rear-end accident lawyer will be able to help you recover what you are owed. New York is also a pure comparative negligence state, with an attorney by your side, they will be able to help prove that maybe you were only partially at fault for the collision. This is difficult to prove in rear-end collision cases. Still, if another driver’s negligence contributed to the accident, you may be able to reduce your liability in the claim or make a claim against a third party who holds some accountability as well. An attorney will be able to help identify these avenues of liability and file all of the necessary claims.
Here to Help After A White Plains Rear-End Collision
If you or a family member has been involved in a rear-end collision in New York, you need to know where and who you can turn to. You need legal representation to determine what losses are recoverable. Contact Denlea & Carton LLP today to learn how to get the largest settlement possible in your White Plains car accident claim.
