Nassau County Rear-End Collision Lawyer
According to the New York State Department of Motor Vehicles report, Nassau County makes up more than 11 percent of all motor vehicle crashes in the state. A portion of those accidents involved rear-end collisions between two or more cars.
Injuries stemming from rear-end car accidents can range from relatively minor cuts and bruises to more serious injuries, such as brain trauma, broken bones, and whiplash. These types of accidents can also lead to wrongful deaths.
When a driver hits another car in front of them, it is usually due to the negligence, or carelessness, on behalf of at least one party involved. If you or someone you love suffered an injury in a rear-end car accident, you may be entitled to compensation for your damages. Contact a Nassau County rear-end collision lawyer to analyze your potential legal options. An experienced car accident attorney can help you seek the damages you deserve.
Who is At Fault for a Rear-End Collision
Under New York law, Section 1129 of the Vehicle and Traffic Code makes it illegal for a driver of a vehicle to follow another car too closely, often known as tailgating. If a driver hits the car in front of them for any number of reasons—even if the front driver slammed on their brakes—a court will presume that driver who rear-ended the front car was at fault.
However, that presumption can be overcome in certain situations. As a Nassau County rear-end collision lawyer has seen, if the front driver’s brake lights were not working at the time of the accident, or if the front driver signaled as if to turn and then failed to do so, the court may find enough evidence to overcome the presumption that the driver in back was at fault.
Nassau County also follows the comparative negligence rule, which can potentially impact the liability of the negligent party. Under Section 1411 of the state’s Civil Practice Laws and Rules (CPLR), the amount of damages an injured party is entitled to proportional to the amount that party was also negligent. Thus, if a court finds that the injured party was 15 percent at fault for the rear-end accident, then the injured party would only be able to recover up to 85 percent of any resulting damages.
Damages Available to an Injured Party
If a person suffers an injury in a rear-end car accident, they may be entitled to compensation for damages such as:
- Medical expenses (present and future)
- Pain and suffering
- Lost income and wages
- Loss of future earning potential
- Loss of property
The negligent party will be responsible for paying these damages. Under New York law, a driver must retain car insurance that covers property damage, bodily injury and the death of a person. However, if damages exceed the insured amount, additional damages may be awarded under a court’s discretion.
How a Nassau County Rear-End Car Accident Attorney Can Help
Rear-end car accidents are stressful. Often, drivers are left to cope with serious damage to their car and expensive medical bills. This can be even worse if insurance cannot cover all these costs. If you or a loved one was in a rear-end car accident and suffered any damages, contact a Nassau County rear-end car accident attorney. A Nassau County rear-end collision lawyer can help you get the compensation you deserve.