Queens Rear-End Car Accident Attorney

Fighting For Rear-End Car Accident Victims in Suffolk County, Nassau County & All of New York

Rear-end car accidents can result in serious injuries and property damage. If you or a loved one was injured in an accident, you deserve quality legal representation.

The Law Office of Seni Popat, P.C. has over two decades of experience helping clients pursue the compensation they need to pay for medical bills, repairs, and recovery costs. Our team is proud to serve clients in Queens and the surrounding areas.

Call our rear-end accident attorney in Queens at (718) 340-3385.

Common Causes of Rear-End Accidents

Some of the most frequent causes include:

• Distracted Driving: Drivers who are texting, talking on the phone, eating, or otherwise distracted are more likely to cause rear-end collisions. Distractions distract the driver from the road, reducing their reaction time.
• Speeding: Driving above the speed limit or too fast for road conditions can make it challenging for a driver to stop to avoid a collision. Speeding is a leading cause of rear-end accidents, especially in congested areas like Queens.
• Tailgating: Following too closely behind another vehicle reduces the time a driver has to react if the car in front suddenly stops. Tailgating is a reckless driving behavior that frequently leads to rear-end crashes.
• Sudden Stops: Sometimes, the driver in front may need to stop suddenly due to traffic conditions, pedestrians, or other obstacles. A rear-end collision can happen if the driver behind is not paying attention or following too closely.
• Weather Conditions: Unfavorable weather conditions like rain, snow, or fog can decrease visibility and traction, making it harder to stop quickly. Drivers who do not adjust their driving to accommodate these conditions are at a higher risk of causing rear-end accidents.
• Driving Under the Influence: Alcohol and drugs greatly impair a driver’s judgment, reaction times, and coordination, seriously increasing the likelihood of a rear-end collision.

How to Determine Fault in a Rear-End Car Accident

To illustrate who would be at fault in a rear-end accident, let’s look at this example: Driver A is driving along a busy street when they realize there is a stop sign and slam on the brakes. Upon coming to a screeching halt, they quickly feel the impact of Driver B colliding with their rear bumper and causing damage to the car. In this situation, who is at fault?

In New York and other states, rear-end accidents are usually the fault of the person who rear-ends you. Accidents like these are attributed to negligence or failure to follow the rules of the road and/or their duty of care. The example above is less clear-cut, which means we must determine whose negligence caused the accident. While it seems like both Driver A and Driver B may have been speeding, Driver A stopped suddenly and without warning, causing Driver B to crash into them.

In most cases, the driver of the car that hits the leading vehicle is held responsible for the accident. However, in some cases, the driver in front may reverse or stop suddenly, causing an accident. Whether a driver is held responsible for their actions depends on their ability to prove that they are not at fault.

Proving Fault

To prove negligence, you must have evidence that a duty of care exists and that duty of care was broken. In driving situations, some examples of duty of care are following the speed limit and adhering to stoplights. If a driver fails to abide by these rules and their recklessness causes an accident, they may be negligent.

Other negligent behaviors include:

• Not looking for hazards
• Failure to stop within a reasonable amount of time
• Losing control of the vehicle
• Not yielding to the right of way
• Following too closely to the leading vehicle
• Turning or merging without signaling

Once you prove that the other driver broke the rules, you must show that the accident resulted in actual damages like bodily injury, property damage, or damage to your vehicle. If the accident didn’t result in any harm or damage, it may be difficult to pursue compensation.

What Damages Could Be Recovered in a Rear-End Accident Claim?

Potentially recoverable damages include:

• Medical Expenses: Compensation for medical expenses that are related to the accident, which includes emergency room visits, surgeries, medication, physical therapy, and any future medical care that may be required because of the injury.
• Lost Wages: If the accident has caused you to miss work, you may be entitled to compensation for lost income. This includes the time you have already missed and any future earnings you may lose if your ability to work is impacted long-term.
• Pain and Suffering: Non-economic damages for physical pain, emotional despair, and mental anguish resulting from the accident. This can also include compensation for loss of enjoyment of life if your injuries stop you from participating in activities you once enjoyed.
• Property Damage: Reimbursement for restoring or replacing your vehicle and any other personal property damaged in the accident.
• Loss of Consortium: If the accident has adversely influenced your relationship with your spouse, you could be qualified for damages for loss of consortium.
• Punitive Damages: In instances where the at-fault driver’s conduct was particularly egregious, punitive damages could be granted to penalize the wrongdoer and deter similar behavior.

How to Deal With Insurance Companies

If you are injured in a car accident in New York, you must file a claim under your personal injury protection plan, even if the accident was not your fault. This insurance covers medical expenses, economic losses, and funeral costs.

Most insurance providers do not offer protection for non-monetary damages like pain and suffering, but you can file a lawsuit against the at-fault driver to collect the compensation you deserve. While you may be able to pursue compensation in court, never attempt to file a lawsuit without the help of a qualified attorney. Attorneys have experience and resources that aid them in investigating and advocating on your behalf.

Frequently Asked Questions (FAQ)

1. What should I do after a rear-end car accident?
After a rear-end car accident, ensure you are safe and call 911 to report the accident. Seek medical attention, even if your injuries seem minor. Take photos of the scene, vehicle damage, and your injuries. Collect information from the other driver and any witnesses. Finally, contact an experienced car accident attorney to guide you through the claims process and protect your rights.

2. Who is usually at fault in a rear-end car accident?
In most rear-end accidents, the driver who hits the vehicle in front is considered at fault. This is based on the assumption that the driver was following too closely or failed to react in time. However, there are exceptions, such as when the front driver stops suddenly or reverses unexpectedly. Fault can be more complex in these cases, requiring a detailed investigation to determine liability.

3. What if I was partially at fault for the rear-end accident?
New York follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by the percentage of your fault. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%

4. How is fault determined in a rear-end car accident?
Fault is typically determined by examining the circumstances of the accident, such as whether the rear driver was speeding, tailgating, distracted, or otherwise negligent. Evidence like police reports, witness statements, and traffic camera footage can be used to establish fault. In some cases, both drivers may share responsibility, and New York’s comparative negligence laws will reduce compensation based on the degree of fault.

5. How long do I have to file a claim after a rear-end car accident?
In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, it is important to act quickly to ensure evidence is preserved and to avoid missing the deadline. Consulting an attorney soon after the accident can help protect your rights and ensure timely filing.

Contact Our Rear-End Car Accident Attorney in Queens Today

The Law Office of Seni Popat, P.C. understands how terrifying rear-end car accidents can be. Despite following the rules of the road, another driver made a reckless choice that led to your accident. Proving negligence is complicated, but obtaining the compensation you deserve is possible with the right legal team on your side.

That is why you need a legal advocate you can trust. Our rear-end car accident lawyer has the skill and experience you need to pursue a lawsuit against a negligent driver. We are available to represent clients in Queens and all surrounding areas. Choose a lawyer you can trust – choose Attorney Popat.

Schedule your free case consultation today with our Queens rear-end car accident lawyer!