Who Is at Fault When You Are Hit in the Rear

About Who Is at Fault When You Are Hit in the Rear

In New York, a rear-end collision with a stopped or stopping vehicle creates a presumption of negligence against the driver in back. Drivers are required to keep a safe following distance and to be able to stop for traffic ahead, so the rear driver has to come forward with a non-negligent explanation for the crash. That makes many rear-end cases strong liability cases from day one.

The usual defenses are a sudden and unexplained stop, a mechanical failure, being pushed into the car ahead by a third vehicle, or broken brake lights. Chain-reaction crashes on the BQE, the LIE, or the Cross Bronx can involve several drivers, and sorting out who struck whom first often depends on vehicle damage patterns, dashcam footage, and police reports.

Even a low-speed rear-end impact can cause herniated discs, concussions, and shoulder or wrist injuries. Because New York is a no-fault state, medical bills and some lost wages start with your own no-fault coverage, and a lawsuit for pain and suffering requires meeting the serious injury threshold. Prompt medical treatment is what preserves both.

Questions about your own situation? Segal Law Firm offers a free case evaluation for injured people in Manhattan, Brooklyn, Queens, the Bronx, Long Island & Staten Island.