Rear-End Car Accidents in Rockaway Beach

Rear-end car accidents happen because of driver error in many ways – driving under the influence of drugs or alcohol, road rage, fatigued driving, and distracted driving, among others. Anyone harmed by rear-end car accidents in Rockaway Beach should understand their legal options for compensation.

There are several ways a car crash attorney could assist with your case. One is by investigating the accident in order to prove liability. This is essential to obtaining damages. A lawyer could also argue your case in court or negotiate for a payout with the involved insurance companies. Call today for a free consultation and to discuss a path forward in the wake of your injury.

Laws Relating to Rear-End Car Accidents

Per the Civil Practice Law and Rules (CPLR) §§ 1411, et seq 1, the driver who rear-ends another vehicle is typically considered at fault for the resulting accident—although there are exceptions to this rule, with certain situations allowing both drivers to recover. Additionally, the state follows a comparative negligence rule—meaning a driver who is partially at fault for an accident will have their compensation reduced by the percentage of fault assigned to them.

Additionally, per 11 N.Y.C.R.R. §65-2.1, New York is a no-fault insurance state. This means a driver’s own insurance company must pay for their medical expenses and lost wages, regardless of who was responsible for the accident. There are limits on the compensation, though—and an experienced Rockaway Beach attorney could handle dealing with the insurance process after a rear-end car collision.

Dealing With Insurance Companies After a Fender Bender

In addition to recovering from their own insurer, an injured person may wish to seek a payout from the at-fault driver’s insurance company rather than taking a rear-end car crash case to court in Rockaway Beach. Going this route does not mean a lawyer is not necessary, though. Insurance representatives need to look out for their companies’ bottom lines and are prone to making lowball settlement offers that unrepresented people accept, unaware they are taking much less than they deserve for their injuries.

An attorney could help a person avoid this pitfall. A lawyer could come up with an accurate valuation of the case, based on experience with these types of cases and the data they have available to them. Then they can push for an appropriate settlement amount in negotiations with the insurance representatives. There is no second opportunity once a settlement is signed or a judgment is issued—so it is important to get this number right.

Damages Available in Rear-End Wreck Cases

There are three types of damages available to an injured person in an injury cases—nominal, compensatory, and punitive. Nominal damages are a small amount of money, meant to compensate for a wrong committed, when no actual harm is done.

Compensatory damages are split into two categories: general and special. General compensatory damages are things like pain and suffering and mental anguish; special compensatory damages are items such as medical expenses, lost wages, and property damage. Punitive damages are meant to punish a defendant for particularly egregious behavior. A Rockaway Beach lawyer could advise as to the full range of available damages based on the facts of a fender bender case.

Call an Attorney in Rockaway Beach After a Rear-End Car Accident

Contact our firm today for a free consultation. When you have been injured, you owe it to yourself to seek quality representation. A lawyer could argue your case in court, negotiate for a payout from the insurance company, or investigate your case to prove liability. Our experienced attorneys could discuss the next steps after rear-end car accidents in Rockaway Beach.