Rear-end crashes are quite common in New York City. This is partly due to the stop-and-go nature of city traffic, combined with the high-volume of locals, daily commuters and tourists traveling through the five boroughs of the city. However, despite how these factors increase the likelihood of a rear-end collision, driver negligence also plays a major role.
Injured in a NYC rear-end collision? If so, we encourage you to contact our New York City Car Accident Lawyers at The Bongiorno Law Firm as soon as possible. We can answer your questions and explain potential legal options for recovering compensation. If we represent you, we will fight for the full and fair compensation you deserve.
Request a FREE case review today: (516) 741-4170
What Are Some of the Top Reasons for NYC Rear-End Crashes?
Rear-end crashes are among the most common type of traffic accident in NYC. These easily prevented collisions are typically caused by issues related to driver negligence. When they happen, drivers and other vehicle occupants can suffer serious neck, back and head injuries.
Driver negligence that can easily lead to a rear-end car accident includes:
Distracted Driving and Cellphone Use
Drivers checking phones, texts or a GPS app create dangerous situations. Even glancing at your phone for a second could cause you to hit the rear-end of the car in front of you.
Following Too Closely in City Traffic
Following too closely in NYC is illegal in NYC and can result in traffic tickets, fines, increased insurance rates and four points on your driving record. Tailgating is especially risky on crowded NYC streets where traffic patterns change quickly.
Drivers who fail to maintain a prudent and reasonably safe following distance increase the risk of a rear-end collision. An unsafe following distance does not leave drivers enough time to avoid hitting a vehicle in front that has stopped for an unexpected road hazard, emergency vehicle, school bus, delivery truck or a pedestrian in a crosswalk.
Failing To Adjust Driving to Adverse Weather Conditions
NYC weather conditions impact driver visibility and vehicle stopping distance. Rain-slicked streets, snow and darker commutes during rush hour create hazardous conditions that contribute to rear-end crashes.
Mechanical Problems and Poor Vehicle Maintenance
Drivers are responsible for maintaining their vehicles and keeping them in safe operating condition. Faulty brakes of the tailing driver could cause a rear-end crash. However, if broken taillights contributed to a rear-end crash, the driver in front could be held at least partially liable. This is especially true if that driver knew or should have known the lights needed to be fixed.
Driving While Impaired by Fatigue, Alcohol, Drugs or Other Substances
Operating any vehicle while impaired significantly increases the risk of a rear-end crash. Driving while overly tired or fatigued causes drivers to react too slowly on the road. Those impaired by alcohol or other substances are more likely to aggressively tailgate, making it harder for the driver in front to stop for an unexpected hazard without getting hit from behind.
Speeding
Ignoring posted speed limits is another sure way to end up causing a rear-end car accident. Drivers may often speed out of impatience to get to their destination, but that behavior only increases the risk of a crash.
What Types of Injuries Are Commonly Associated With a Rear-End Crash?
Rear-end crashes often result in serious injuries that may not show symptoms immediately after the accident. The sudden forward-and-backward motion during impact can damage soft tissues, bones, and joints throughout the body, leading to chronic pain and long-term medical issues if left untreated.
- Whiplash and Neck Injuries: Often occur at impact when the head snaps quickly forward and backward, injuring delicate muscles, ligaments and nerves in the neck and cervical spine.
- Herniated or Bulging Discs: Extremely painful injuries to the spine cause victims to experience intense pain, numbness and reduced mobility in the back, arms and legs
- Head Injuries: The violent motion of the head during the impact of a crash can cause concussions or other severe traumatic brain injuries.
- Facial Injuries: Airbag deployment or contact with the steering wheel or dashboard could cause severe bruising, deep cuts and lacerations, or fractured facial bones.
- Shoulder and Knee Injuries: Bracing for impact, striking interior vehicle components or twisting into awkward positions can injure shoulders or knees during the collision.
- Spinal Cord Damage: High-speed rear-end crashes could lead to severe spinal cord injuries resulting in partial or complete paralysis depending on the location and extent of the injury.
Important Laws Regarding Rear-End Crashes in New York
New York’s No-Fault laws mean that negligence is typically only considered when damages are severe enough to meet the threshold for a lawsuit
That said, New York laws operate under the legal presumption that the driver in back typically bears liability for a rear-end crash. The driver in back would need to prove extraordinary circumstances to dispute liability. For instance, if a mechanical failure of the vehicle in front, like broken brake lights, failed to alert that driver to a sudden stop.
Other laws that apply following a rear-end crash in NYC include:
- Drivers must submit an accident report to the DMV for any collision resulting in injury or property damage exceeding $1,000 within 10 days of the incident
- Drivers involved in a rear-end crash must first file claims with their own insurance company. The state’s no-fault benefits provide up to $50,000 in medical expenses and lost wages no matter who caused the crash. No-fault insurance claims must be initiated within 30 days of the crash.
- Victims have three years from the accident date to file a personal injury lawsuit against the responsible driver for damages beyond the state’s No-Fault coverage.
- New York follows pure comparative negligence rules. This means victims may have a claim for compensation as long as the other party involved is at least partially liable. The compensation awarded, however, will be reduced based on the percentage of fault assessed against you.
How Can Drivers Reduce the Risk of a Rear-End Crash?
Staying focused on the road and following traffic laws are a good start. No matter where you are, driving defensively plays a key role in avoiding any type of car crash. In heavy city traffic, these safe driving tips are especially important:
- Maintain safe following distances
- Avoid sudden stops and begin to brake early
- Use your turn signals properly to alert other drivers
- Regularly maintain your vehicle
- Adjust your driving to weather conditions
- Leave ample time to get to your destination
What Should Drivers Do If Injured in a Rear-End Collision in NYC?
Despite your best efforts, another driver’s negligence could result in a rear-end collision. If this happens to you, it is important to call 9-1-1 to get police to the scene. We also strongly recommend seeking legal help right away to ensure best interests and legal rights are protected.
If it is possible to do so without putting yourself or others in harm’s way, take photos of the crash scene. Capture vehicle damage, road marks and crash debris, images that show the location of the crash and more. If there are witnesses, get their contact details.
Contact a Car Accident Lawyer Today
After a rear-end collision in New York City, you may be unsure if you have legal options or what steps to take next.
At The Bongiorno Law Firm, we can answer your questions and explain your potential legal options during a free case evaluation. We have a history of proven results, and we are prepared to fight for the compensation you deserve.
Call our trusted New York City law firm today: (516) 741-4170
