Rear End Accident Lawyer in Queens, NY
Have you been seriously injured in a rear-end accident in Queens? If so, your medical expenses may exceed the limits of your Personal Injury Protection policy. You may be facing substantial out-of-pocket expenses. If someone else’s negligence caused your injuries, then you may be entitled to sue the at-fault driver and pursue compensation from their auto liability insurance.
A knowledgeable car accident lawyer at The Tadchiev Law Firm, P.C. can help you hold accountable the driver who injured you and demand fair compensation for your losses. Contact us today for a free initial consultation with our experienced Queens rear end accident lawyers.
Compensation for a Rear End Car Accident
New York’s no-fault auto insurance system can have a significant impact on your ability to recover compensation from another motorist after an accident.
Automobile owners in New York are required to carry certain types of auto insurance, including no-fault insurance coverage. Drivers must carry a minimum of $50,000 in Personal Injury Protection (PIP) coverage, which pays for any medical expenses you or your passengers incur as the result of an accident, no matter who was at fault. Drivers also need to carry auto liability insurance, which pays for bodily injuries and property damage that people outside your vehicle suffer as the result of an accident for which you are found to be at fault.
The types of compensation you can obtain from your own PIP insurance policy are limited to:
- Reasonable medical costs related to the accident
- 80 percent of any lost income from missed work, up to a maximum of $2,000 per month for as long as three years after the accident
- Up to $25 per day for reasonable and necessary incidental expenses, such as the costs of hiring household help or traveling to medical appointments
- Up to $2,000 in death benefits payable to the deceased’s estate
Under a standard PIP policy, you are not entitled to compensation for the full value of lost wages or non-economic losses such as pain and suffering. To seek a wider range of compensation from an at-fault driver, you must prove that you sustained an injury in the accident and are eligible to sue the at-fault driver.
Under New York law, a serious injury is defined as any injury that results in:
- One or more bone fractures
- Significant disfigurement
- Significant limitations on the use of bodily functions or systems
- Permanent limitations on the use of body organs or members
- A substantially full disability lasting at least 90 days
If the other driver was at fault for an accident that caused you an injury, an attorney at The Tadchiev Law Firm, P.C. can help you demand full compensation by filing an insurance claim or personal injury lawsuit against the at-fault driver.
What Is a Rear End Car Accident?
A rear end collision is one in which the front end of one vehicle strikes the rear end of the vehicle ahead of it. They are the most common type of traffic collision. They frequently happen in New York’s stop-and-go traffic. Many rear end car accidents are minor fender benders. But rear end accidents also can cause serious injuries, particularly when vehicles collide when traveling at higher speeds.
Main Causes of Rear End Collisions
Here are some of the most common causes of rear end collisions:
- Drivers following too closely behind other vehicles
- Drivers stopping unexpectedly due to traffic backups
- Drivers failing to use turn signals or other indicators as needed
- Motorists driving too fast for traffic conditions
- Drivers driving under the influence of alcohol or drugs
- Distracted drivers who are not paying attention to traffic ahead
- Drivers nodding off at the wheel
- Drivers merging too closely in front of other vehicles
- Drivers operating vehicles with faulty brakes
- Local government agencies’ failure to address unsafe road conditions such as large potholes
Common Injuries from Rear End Accidents
Rear end collisions can result in injuries such as:
- Head injuries and traumatic brain injuries
- Facial injuries and dental trauma
- Scarring and permanent disfigurement
- Neck, back, and spinal cord injuries
- Partial or total paralysis
- Shoulder, arm, elbow, wrist, and hand injuries
- Dislocated or broken bones
- Loss of limb
- Bruises, burns, lacerations, and puncture wounds
- Abdominal injuries and internal bleeding
- Hip, leg, knee, ankle, and foot injuries
- Post-traumatic stress disorder (PTSD)
- Other psychological and emotional injuries
Who Is At Fault in a Rear End Accident?
Many people assume that the driver in the following vehicle is automatically at fault in any New York rear-end accident case. New York law prohibits drivers from following other vehicles more closely than is “reasonable and prudent” given traffic conditions. Motorists are expected to remain in full control of their vehicles at all times, even when other drivers ahead stop or maneuver unexpectedly.
There are scenarios in which a following driver may not be at fault for a rear end collision, such as:
- A multi-vehicle accident in which the following driver gets struck from behind and pushed forward into the leading vehicle
- An accident caused by a leading driver who unexpectedly moves in reverse, or cuts in front of another vehicle without leaving enough space for the following driver
- An accident caused by a pedestrian or cyclist darting into oncoming traffic and prompting a leading driver to swerve or slam on their brakes
- An accident involving unsafe road conditions that are the result of a local government agency
If you have sustained serious injuries in a rear end collision that you believe someone else caused, you should have a qualified personal injury attorney review the accidents as soon as possible and discuss your legal rights.
Contact a Queens Rear End Car Accident Lawyer Today
If you were injured in a rear end collision in Queens that wasn’t your fault, the car accident attorneys at The Tadchiev Law Firm, P.C. are available to help. Contact our firm today to discuss your legal options in a free initial case review.