Our Long Island car accident lawyers are familiar with all state and local laws that could affect your case and will educate you about them.
In New York, rear end accident laws include the following:
- Drivers must take reasonable precautions to reduce the risk of a crash
- If you are in a rear-end accident that results in injuries, death, or major property damage, you must report the accident to the police
- Accident victims may recover compensation through their own insurer as well as against the liable driver
- Laws Designed to Prevent Rear End Crashes in New York
- Your Legal Obligations After a New York Auto Accident
- What Are Your Rights After a Rear End Collision?
- New York Law Gives You a Limited Time to Sue
- Consult Our New York Rear End Accident Lawyers About Your Case
Laws Designed to Prevent Rear End Crashes in New York
As our Long Island personal injury lawyers can explain, the state’s traffic laws are in place to minimize the risk of causing or getting hurt in a motor vehicle accident. Among the laws that could prevent rear end collisions are:
- Vehicle & Traffic § 1129. This law prohibits cars from following “another vehicle more closely than is reasonable and prudent.” Appropriate following distance varies based on traffic and weather conditions.
- Vehicle & Traffic § 1180. Under this law, drivers must consider the conditions and the area where they are driving and, based on this information and existing speed limits, maintain a safe rate of speed at all times.
These laws reduce rear end accidents because following too closely and speeding both make it harder for drivers to stop safely when confronted with an unexpected hazard.
Similarly, Vehicle & Traffic § 1202 prohibits drivers from stopping in certain places, such as in a crosswalk or on the highway. If a driver violates this rule by braking when they are not supposed to, they will inevitably catch the drivers behind them off-guard, increasing the risk of a crash.
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Your Legal Obligations After a New York Auto Accident
Under Vehicle & Traffic § 605, a driver is required to report any accident they are involved in, whether they caused the accident or not, within 10 days if they are physically capable of doing so. Reports must be filed when any of the following applies:
- Someone was injured in the crash
- Someone was killed in the crash
- The crash resulted in at least $1,000 worth of property damage
If the person who rear ended you left the scene without providing their insurance information or trying to help you, they are now considered a hit and run driver. This is illegal and could make them a target of criminal charges in addition to being liable for your damages through a civil case.
Our Long Island hit and run accident lawyers will investigate your case and try to identify the person who caused your accident. If we find them, we will hold them accountable for their actions. If we are unable to find them, that does not mean your case is over: there are still other legal actions available to you.
What Are Your Rights After a Rear End Collision?
If a crash does happen, you have the right to:
- Get the other driver’s name and insurance information
- File a claim with your auto insurance provider for certain economic damages
- File a car insurance claim with the at-fault party, if you meet the criteria
- File a lawsuit against the at-fault party, if the insurer will not settle your claim
Why Can’t You File a Claim Against the At-Fault Driver Right Away?
New York is a no-fault state, which means that all car owners are required to carry personal injury protection (PIP) coverage. This policy will pay for at least some of your medical bills and other economic damages, up to the policy limit.
To qualify to file a claim or lawsuit against the other party, you have to show that your damages exceed what your PIP policy covers. Our New York lawyers will look for the evidence you need to prove you meet that threshold.
How Do Car Accident Injury Claims Work?
The first thing you must do is prove your case’s validity. We often do this with evidence like:
- Witness testimony
- The official police report
- Photos and video of the accident or its aftermath
- Medical records
- Expert testimony
- The damage done to the vehicles
This information will tell us how your injuries happened and support our work to win the optimal recovery for you. This allows us to not only file a PIP insurance claim but also, as appropriate, to pursue the at-fault party for your damages.
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New York Law Gives You a Limited Time to Sue
If you do not file your lawsuit within the appropriate legal deadline, you could lose your right to get financial compensation from them. While the general deadline is codified at New York Civil Practice Laws & Rules § 214 and applies to most cases, your deadline could change depending on the specifics of your case, such as who you are suing.
It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are.
It is a good idea to consult with our car accident attorneys as soon as possible. This will allow you to learn about your rights well before the legal deadline expires, so our legal team will have sufficient time to:
- Begin openly communicating with you about your case and continue to keep you updated as it progresses
- Tell you if the driver who rear-ended you is entirely at fault or if other factors (e.g., faulty vehicle maintenance) played a role
- Get in touch with all of the other parties involved in your case
- Collect evidence of the type described above to support your claim or suit
- Determine your case’s worth so we can demand a just amount—and so you will know if the insurer tries to shortchange you
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Consult Our New York Rear End Accident Lawyers About Your Case
Friedman & Simon, L.L.P., combines aggressive representation with compassionate service, allowing you to more easily recover appropriate compensation. Call today to learn more about your rights under New York’s rear end accident laws. Our multilingual staff will assist you in Spanish, Bengali, or Greek.
Call or text (516) 932-0400 or complete a Free Case Evaluation form