Rear-end collisions frequently occur when one driver is slowing or stopped, and the driver behind is traveling much faster. The differences in speed and motion between the two cars at impact can result in serious, life-altering injuries. Fatalities are also unfortunately common. In 2019, 2,346 rear-end collisions led to deaths on U.S. roadways, while 595,000 crashes resulted in injuries.
If you sustained injuries from a rear-end collision, you might be able to pursue a personal injury legal claim to recover damages. Often, the driver of the trailing vehicle displays negligent behaviors that contribute to or cause the accident, making the individual liable for your injuries. The extent of liability depends on the facts of your case. A Cellino Law Manhattan rear-end collision lawyer can evaluate the circumstances leading to the accident and help you pursue fair compensation.
Proving Liability in Rear-End Collision Cases
Winning a personal injury lawsuit rests on establishing that another driver’s negligent behavior led to the accident that caused your injuries. Often, people assume the driver who struck the car in front is responsible for the accident. While this may be largely true, it is still up to the claimant to prove the other motorist’s liability. If you pursue a personal injury claim, you must establish each of the following factors:
- The other driver owed you a duty to engage in safe driving behaviors
- The other driver neglected that duty
- The negligent behavior was a factor in the accident
- Your injuries were a direct result of the accident
The first factor is a given between all motorists on the road. However, for each of the other three identified, you must have evidence supporting your claims.
The more supporting proof you can gather, the stronger your case. Your evidence should establish the highest level of liability possible — while considering all relevant facts — to obtain the best outcomes for you. A Manhattan rear-end collision lawyer knows the evidence needed to prove negligence and how to get it.
Rear-End Collision Causes
Proving liability involves establishing the crash’s cause. One of the most common causes is the rear driver following too closely. In New York City, tailgating contributed to 641 out of 8,541 traffic accidents between January and July 2022, and 97 of those accidents occurred in Manhattan. Other common rear-end collision accident causes are:
- Distracted driving
- Reckless driving
- Speeding
- Impaired driving
- Drowsy or fatigued driving
It’s essential to bear in mind that the other side will attempt to pin responsibility on your own actions.
Indeed, there are cases in which the lead driver may have some liability for the accident, including when the lead driver makes an illegal stop, cuts another driver off and slams on the brakes or reverses into the car behind. Though an attorney will evaluate your case to determine its merits, a rear-end collision lawyer also understands the arguments the other side will likely attempt to shift the blame to you.
Rear-End Collision Injuries
Car crashes can cause a wide range of injuries, from minor, inconvenient ones to permanent, life-changing ones. You must link your specific injuries to the accident. Medical bills help and are necessary, but you also need doctor’s reports and statements stating that the injuries were a direct outcome of the accident. Common injuries seen in rear-end collisions include:
- Whiplash
- Spinal injuries
- Concussions and traumatic brain injury
- Back injuries
- Bone fractures
When you seek medical attention for your injuries, your physician should ask about and document the causes, but it doesn’t hurt to ensure the information is included in the doctor’s report.
You also need supporting proof of potential ongoing costs, issues and impacts. If you suffer from injuries beyond physical harm, you need evidence backing your claim that the accident was directly responsible.
Rear-End Collision Damages
If you decide to pursue a personal injury lawsuit, seeking fair compensation for your injuries, you need to know what kind of damages the law allows. New York law includes economic and non-economic damages as allowable options for personal injury claims.
Economic damages are those you can link directly to monetary expenses you have already accrued and will likely accrue in the future. Non-economic damages are harms that don’t have an associated financial cost but still significantly impact your life. Potential damages you can pursue in a rear-end collision lawsuit include:
- Past and future medical and rehabilitation expenses
- Past and future therapeutic expenses
- Lost wages and reduced work capacity
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
A Manhattan rear-end collision lawyer from Cellino Law works with you to ascertain which damages are relevant in your case.
Getting the Benefits of a Manhattan Rear-End Collision Lawyer
If you sustained injuries in a rear-end collision, you already have enough to deal with in recovering from your injuries and getting your life back on track. While you deserve fair compensation, pursuing it can add stress that may inhibit your healing progress. Working with a Manhattan rear-end collision attorney from Cellino Law frees you up to focus on your life and helps you navigate the legal landscape.
Legal Counsel
When you work with an attorney, you have someone providing you with legal counsel throughout the process. A professional with experience handling your type of case can evaluate the facts and let you know what options are available to you.
The lawyer also helps you understand the laws that impact your case and gives you legal advice throughout the journey, from the first consultation to closing the claim. Though many of the decisions are ultimately yours, an attorney can offer a clear legal picture and advice based on experience and legal knowledge.
Experience and Skill
Taking on a personal injury case on your own is a challenge. It requires in-depth legal knowledge and familiarity with how defense attorneys operate. A rear-end collision lawyer has the experience and skill needed to handle your case, including:
- Collecting relevant evidence from a wide range of sources
- Calculating economic and non-economic damages
- Negotiating settlements
- Presenting your case in court when needed
Understanding personal injury and other relevant laws is vital to pursuing a legal claim, but an attorney also knows how to protect your rights throughout the process.
Individual Support
No two individuals or cases are alike. Your personal injury attorney should consider your unique circumstances, providing you with individual support. A lawyer who takes the time to understand you and your situation can give you personalized attention and look out for your best interests.
You are not a case number, and you deserve legal support that doesn’t take a cookie-cutter approach to your claim. An attorney invested in you is more likely to go the extra mile to ensure you get the most favorable outcome possible. The right legal professional won’t ask you to settle for less than you deserve and isn’t afraid to pursue just compensation to the full extent possible.
Working With Cellino Law in Manhattan
Choosing a Manhattan rear-end collision lawyer is one of the most important steps you will take in pursuing compensation for your injuries. Cellino Law attorneys have been helping New Yorkers recover damages for more than 60 years. We work hard for our clients and are here for you if you sustained injuries in a rear-end collision. Get in touch today to learn more about our services or schedule a free case evaluation.