19 Mar Rear-End Car Accidents: Fault, Injuries & Claims

Rear-End Car Accidents: Fault, Injuries & Claims

Rear-end collisions are among the most common types of car accidents in New York. Whether occurring on the Long Island Expressway, on local streets, or in parking lots, rear-end crashes can cause significant injuries even at relatively low speeds. If you were struck from behind by another vehicle, understanding fault, potential injuries, and your legal options is essential to protecting your rights.

Who Is at Fault in a Rear-End Collision?

In most rear-end accidents, the driver who struck the vehicle from behind is considered at fault. New York’s Vehicle and Traffic Law requires drivers to maintain a safe following distance and to be able to stop safely when the vehicle ahead stops or slows. When a driver fails to maintain this safe distance and rear-ends another vehicle, they are presumed to have driven negligently.

However, fault is not always completely one-sided. The lead driver may share some responsibility if they stopped suddenly without cause, had broken tail lights, cut off the following driver, or reversed into the vehicle behind them. Under New York’s comparative negligence rule, shared fault can reduce — but typically not eliminate — your compensation.

Common Injuries in Rear-End Accidents

Whiplash

Whiplash is the most common injury associated with rear-end collisions. It occurs when the force of impact causes the head and neck to snap violently forward and backward, straining the soft tissues of the cervical spine. Symptoms include neck pain and stiffness, headaches, shoulder pain, dizziness, and arm pain or numbness. While whiplash is often dismissed as a minor injury, it can cause chronic pain and disability in some cases.

Herniated Discs

The forces in a rear-end crash can also cause or worsen herniated discs in the cervical (neck) or lumbar (lower back) spine. A herniated disc occurs when the soft inner material of a spinal disc pushes through the tougher outer layer, potentially pressing on nearby nerves. This can cause radiating pain, numbness, and weakness in the arms or legs. Treatment may range from physical therapy and pain management to surgery.

Head and Brain Injuries

In more severe rear-end collisions, occupants may strike their heads on the headrest, steering wheel, or other surfaces, causing concussions or more serious traumatic brain injuries. Even when the head doesn’t strike a surface, the violent acceleration-deceleration can cause brain injury. Symptoms of TBI include headaches, confusion, memory problems, and personality changes.

Documenting Your Rear-End Accident

Proper documentation is critical to a successful rear-end accident claim. Call the police and obtain a copy of the police report. Take photographs of both vehicles, skid marks, road conditions, and any visible injuries. Get the contact and insurance information of all drivers involved. Collect contact information from witnesses. Seek medical attention immediately, even if your injuries seem minor — delayed onset of symptoms is common with whiplash and soft tissue injuries.

New York No-Fault Insurance and Rear-End Claims

Under New York’s no-fault insurance law, your own PIP coverage will pay for your initial medical expenses and a portion of your lost wages regardless of fault. However, if your injuries are serious — meeting the serious injury threshold — you can pursue a claim directly against the at-fault driver for pain and suffering and other damages not covered by no-fault insurance.

Compensation You May Be Entitled To

If your rear-end accident claim is successful, you may recover compensation for medical expenses including all treatment related to your injuries, lost wages and lost earning capacity, pain and suffering, emotional distress, property damage, and the cost of future medical care if your injuries are long-lasting or permanent.

Contact Our Car Accident Attorneys on Long Island

If you were injured in a rear-end collision in New York, the experienced car accident attorneys at Tannenbaum, Bellantone & Silver, P.C. are here to help. We will investigate your accident, document your injuries, and fight to recover the maximum compensation available. Contact us today for a free, no-obligation consultation.