New York Car Accident Lawyer
What to Do If You've Been Rear-Ended

What to Do If You've Been Rear-Ended

January 13, 2022
Paul Ajlouny

Steps to Take If You Were Injured in a Rear-End Collision

What happens when you are unexpectedly rear-ended by another driver? Who pays for your medical bills if you are injured, and what should you do if you are unable to work? Rear-end collisions can be extremely dangerous, causing severe injury or even death. Understanding your rights and responsibilities can help ensure that you receive the recovery you deserve.

At Ajlouny Injury Law, we represent individuals who have been hurt in rear-end collisions and other car accidents. Our dedicated legal team will fight to ensure that you receive the maximum compensation based on your injuries.

If you or a loved one has been injured in a rear-end crash, contact our office at (718) 233-3913 for free legal help.

What to Do First If You Were Rear-Ended

Rear-end collisions happen for a variety of reasons, including following too closely and driver inattention. If you are involved in a rear-end crash, you need to get to safety and call 9-1-1. 

Steps to take if you were hit by another driver:

  • Move your vehicle to the side of the road (if you are able);
  • Check for injuries to yourself and others;
  • Call 9-1-1;
  • Take pictures and videos at the crash site;
  • Obtain eye-witness information; and
  • Contact an attorney.

It is important to seek medical treatment immediately, even if you are not taken by ambulance to the emergency room. It can be challenging to discern the severity of your injuries in the aftermath of a sudden collision.

If you were seriously injured, you can file a personal injury lawsuit against a negligent driver. An attorney can help ensure that you receive the largest possible recovery. It is essential to act quickly as you only have a limited amount of time to sue an at-fault driver. 

Who Is At Fault in a Rear-End Accident?

In New York State, the presumption is usually that the driver who rear-ends another vehicle is at fault for the accident. This is because the driver who rear-ends another vehicle is generally assumed to have failed to maintain a safe following distance, failed to pay attention to the road, or perhaps even driven too fast for the given conditions.

However, there are cases where the driver in front can be found partially or fully responsible. For example, if the front driver cuts off the rear driver or suddenly and unexpectedly stops without cause or warning, the rear driver may not have had sufficient time to stop their vehicle, negating the presumption of fault.

Determining fault in a rear-end collision is nuanced and can depend on the specific circumstances of the accident. It's always best to contact a local attorney experienced in personal injury law if you have been involved in a rear-end accident.

Can I Recover Compensation if I'm At-Fault for a Rear-End Accident?

If you were the trailing vehicle and you are considered partially to blame for the accident, you might still be able to recover from an at-fault driver. New York is a no-fault state, meaning that you can recover damages regardless of whether you were at fault. If you are rear-ended by another driver, you are entitled to compensation for your injuries and to repair the damage to your vehicle.

Since New York is a no-fault insurance state, you may be reimbursed up to $50,000 from the insurance company that covers the vehicle you were an occupant in. You must file a claim within the statutory time period to obtain compensation for your losses. 

Remember, you always have a right to legal representation. If you were seriously injured in a car accident or rear-end collision, it is in your best interest to retain an experienced attorney.

Get Legal Help from Ajlouny Injury Law Today!

Were you or a loved one injured in a rear-end crash? Contact our office at (718) 233-3913 to discuss your legal rights with an experienced attorney. Our NYC car accident lawyers provide free legal advice to injured parties and will help you fight for the compensation you deserve. Get started now.

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The Law Office Of Ajlouny Injury Law serves New York City, Queens, Brooklyn, Bronx, Manhattan, Long Island, Nassau County, and Suffolk County.

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