The Most Common Causes Of Rear-End Collisions

Jed Dietrich, Esq., Recognized as an American Institute of Trial Lawyers Litigator of the Year, Has Spent Decades Fighting for The Rights of Car Accident Victims. If You or a Loved One Has Been Injured in a New York Car Accident That Was Not Your Fault, the Dietrich Law Firm P.C. Could Help You File a Personal Injury Lawsuit and Secure the Compensation You Need to Reclaim Your Independence.

Rear-end collisions are the most common type of automobile accident in the United States.

Most rear-end accidents occur at relatively low speeds, but neither vehicle has to be moving very fast to inflict serious and potentially life-altering injuries. Some reports indicate these types of collisions account for about 29% of all crashes and roughly 18% of all traffic-related deaths.

Survivors often face significant obstacles on the road to recovery. New York may be a no-fault state, but your right to compensation is limited to your policy limits. If you need more than the insurance company is willing to give, you may have to take action against the driver who caused your crash.

Making the decision to take another motorist to court is not always easy, but you do not have to do it alone. The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes personal injury claims. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. If you think you could have a case, send us a message online or call us today at 716-839-3939 to speak to a rear-end car accident lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Rear-end accidents are common, with about 1.7 million reported each year.

Although every accident is different, rear-end crashes tend to share certain common characteristics. Safety researchers and law enforcement studies have identified the following risk factors as some of the leading causes of rear-end collisions nationwide:

A driver is distracted if they engage in any activity that takes their attention away from the road.

Distractions can be either physical or mental. They could include:

1. Eating food behind the wheel;
2. Talking on the phone while driving; and
3. Sending a text message instead of looking at the road.

Researchers have repeatedly found that some forms of distracted driving are just as dangerous as operating an automobile under the influence, yet rates of distracted driving have only increased in recent years.

Drunk drivers are dangerous because they are unpredictable.

Drinking and driving can, after all, lead to impaired judgment, poor short-term memory, and sluggish reflexes. Even in slow-moving city traffic, drunk drivers can pose a threat if they fail to react to ordinary traffic conditions.

You do not have to be driving out of Manhattan during rush hour to find yourself in the crosshairs of an aggressive or reckless driver. Motorists who let frustration get the better of them may be tempted to bypass traffic by taking unreasonable and unnecessary risks. They might weave in and out of traffic, overtake other cars in no-passing zones, or speed through pedestrian-heavy areas. Aggressive drivers pose a threat precisely because they act in a way that other motorists cannot anticipate.

New York is a no-fault state.

Under New York’s no-fault system, most car accident survivors are expected to file a claim with their own insurance company before taking any further legal action. However, if you sustained certain serious injuries, you may be entitled to seek damages beyond your policy limits by filing a personal injury lawsuit against the person or party who caused your accident.

In order to win a personal injury claim against another driver, you must be prepared to establish all of the following:

1. The at-fault driver owed you a duty of care;
2. The at-fault driver breached their duty of care by acting in a negligent, reckless, or otherwise unreasonable manner;
3. The at-fault driver’s negligence was the direct cause of your accident; and
4. You have sustained a serious injury or other damages that can be compensated by a New York court.

While filing a personal injury claim is often the only way to recover additional damages after an accident, it is not always straightforward. Many people believe that, in the context of a rear-end accident, the rear-positioned motorist will always be found at-fault. This is often true, but exceptions are not uncommon. If an investigation finds that you made a mistake that contributed to the accident, you could be found partly at-fault. This does not mean you cannot sue, but it could lead to your settlement being reduced proportionate to your own level of fault.

Do not take liability for granted in a rear-end accident claim: contact the Dietrich Law Firm P.C. today to find out how we could help you build a rock-solid lawsuit.

Your damages are compensation for the loss and hardship you have sustained as a result of a car accident. Although damages vary on a case-by-case basis, they could include compensation for:

1. Hospital bills;
2. The costs of future or anticipated care;
3. Paid co-pays and deductibles;
4. Physical rehabilitation;
5. Lost income from work;
6. Emotional pain and suffering;
7. Physical pain and suffering;
8. Loss of enjoyment;
9. Disfigurement; and
10. Wrongful death.

New York does not cap damages in most personal injury claims, which means that a successful personal injury lawsuit could give you as much money as you need to build back better. However, while New York would not limit the size of your settlement, you cannot wait too long to take action. If you delay, evidence could go missing, eyewitness memories could fade, or in a worst-case scenario the statute of limitations applicable to your claim could lapse. Once this happens, your case will almost certainly be dismissed on a technicality, leaving you with no options beyond what the insurance company has already offered.

You should not have to pay for an accident that was not your fault, and you do not have to take chances when it comes to your rights: call the Dietrich Law Firm P.C. today at 716-839-3939 to speak to a car crash lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!