Determining fault for a rear-end accident can feel deceptively simple. One car hits another from behind. Surely the driver of the vehicle who hit the other is at fault, right?
That’s often the case, but not always. Whether you were in the vehicle hit from behind or you were in the vehicle that collided with the other vehicle’s rear bumper, you should never make assumptions about who is at fault. Instead, allow a New York City auto accident attorney from The Perecman Firm to conduct a conclusive investigation to determine fault beyond a shadow of a doubt.
The facts and evidence tell the story of fault in traffic accidents. Let us uncover those facts, and let us fight for the compensation you may be entitled to. Contact The Perecman Firm today to complete your free, no-pressure consultation.
Key Takeaways: Determining Fault in Rear-end Accidents
- The rear driver is often presumed to be at fault in a rear-end accident, but that presumption can be challenged by facts and evidence that tell a different story.
- A few particular behaviors, such as tailgating and distracted driving, increase the likelihood of a rear-end crash (in these cases, the rear motorist is typically at fault).
- In some situations, the front driver or a third party may be partially or fully at fault, perhaps because their unsafe vehicle stalled or they stopped suddenly without reason.
- Drivers share fault in some accidents, while in other cases, non-drivers can be at fault for rear-end collisions.
- New York City’s complicated traffic patterns, hazardous road conditions, and unique driving behaviors can complicate the question of who is at fault for an accident.
- Fault directly impacts your ability to recover compensation for medical bills, which is why you should have a New York City car accident lawyer from our firm remove all doubt about who caused your crash.
- Call The Perecman Firm right away to complete your free consultation about engaging an attorney who will fight for all the compensation you deserve.
Who Is Typically at Fault for Rear-End Crashes in New York City?
There are more than 300,000 traffic accidents in New York State each year, and many occur in the city. We can’t make assumptions about who is at fault for any of these collisions. We must investigate and let the facts speak for themselves.
That being said, we will generalize for one moment.
In most rear-end accidents, the driver who strikes another vehicle from the rear is presumed to be at fault. New York law generally expects drivers to maintain a safe following distance and remain attentive to traffic conditions. When a driver fails to stop in time and rear-ends another vehicle, that failure often indicates negligence.
This presumption exists for a reason.
Rear-end crashes frequently occur because the rear driver was not paying close enough attention or did not allow sufficient distance to stop safely. In a city like New York, where traffic can stop, start, and slow abruptly due to dense traffic, pedestrians, and other hazards, drivers must be especially cautious.
That said, this presumption is not the same as a final determination. If your vehicle struck the rear of another vehicle, you are not automatically at fault for the crash.
Common Behaviors That Make the Rear Driver at Fault
In 2023, rear-end collisions accounted for nearly 29 percent of crashes between motor vehicles. Why is this particular type of accident so common?
When we investigate rear-end accident cases, certain behaviors recur. These actions often form the basis for placing responsibility on the rear-ending driver, and they are:
- Following too closely, particularly in the kind of heavy traffic New York City is known for
- Distracted driving (though certain forms are illegal, we know distracted driving happens all the time)
- Driving too fast for traffic or weather conditions (and simply speeding)
- Falling asleep behind the wheel
- Failing to anticipate stop-and-go traffic patterns
- Racing, weaving, and other reckless driving behaviors
In New York City, tailgating is particularly common on crowded roadways, such as the Brooklyn-Queens Expressway, the West Side Highway, and local avenues, where drivers constantly jockey for space. A moment of impatience can quickly turn into a collision.
Distracted driving is another pressing problem for drivers in the city. The bright lights, dense pedestrian traffic, and ever-changing environment of New York City are hazards in their own right, and motorists who are not alert and defensive can allow distraction to lead to a rear-end crash.
When the Rear Driver May Not Be at Fault for the Crash
Although the rear driver is often blamed for these collisions, there are situations where responsibility lies elsewhere. The rear driver may not be entirely at fault if:
- The front vehicle stopped suddenly for no valid reason
- Brake lights on the front vehicle were not functioning
- The front driver reversed unexpectedly
- A third vehicle pushed the rear driver into the front vehicle
- Hazardous road conditions or other environmental hazards contributed to the crash
- A vehicle defect that was not the vehicle owner’s fault contributed to the accident
In dense urban traffic, sudden, unnecessary stops can occur more often than people realize. A driver who slams on their brakes to grab a parking spot or avoid a missed turn, for example, might share or have sole fault for a rear-end crash.
Our New York City auto accident attorneys do not rule out any scenario when handling cases like yours. We may find that a rear-end accident is the fault of:
- The rear driver
- The front driver
- The City of New York
- A motor vehicle manufacturer
- A pedestrian
- Another party
Sometimes, fault is shared by multiple parties.
Why Fault Matters So Much in Rear-End Accident Cases
Fault is not an abstract legal concept. It is the factor that, perhaps more than any other, determines who receives compensation (and who has to pay that compensation) after an auto accident.
Fault determines:
- Whether you can hold another party legally responsible for your injuries
- How insurance coverage applies (and to whom it applies)
- Whether your damages may decrease under New York’s pure comparative negligence rules
- The strength of your position during settlement negotiations (and at trial, should your case go to court)
Even a slight shift in the determination of fault can significantly reduce or enhance the value of a rear-end accident claim. Insurance companies know this, and you may face less-than-ethical tactics meant to shift blame for the accident to you.
Why New York City’s Hustle and Bustle Can Make Fault Harder to Diagnose
Rear-end accidents in New York City are not the same as rear-end accidents on quiet suburban roads. Local factors that can complicate the picture of fault for a rear-end accident include:
- Constant congestion and abrupt traffic stops
- Heavy pedestrian activity that can force sudden braking
- Aggressive driving behaviors by drivers frustrated by the city’s gridlock
- Rideshare vehicles stopping unpredictably
- Delivery vehicles double-parking or blocking lanes
- Narrow streets and limited visibility
In Manhattan alone, drivers contend with taxis stopping mid-block, buses pulling in and out of traffic, and cyclists weaving between lanes. These conditions require heightened awareness, and can also make it more challenging to determine precisely why a rear-end crash occurred.
The Perecman Firm’s attorneys understand these realities because we have spent years representing injured New Yorkers. We do not rely on guesswork or assumptions; instead, we conduct thorough investigations that lead to doubtless determinations of who is at fault.
How Insurance Companies Shift Blame Onto Accident Victims
Insurance adjusters are trained to protect their company’s bottom line. In rear-end accidents, that can mean shifting blame to claimants who did little (or nothing) to cause the collision.
Some common bad-faith insurance tactics used in rear-end accident cases are:
- Suggesting you caused the accident (when, in fact, you did not)
- Questioning whether your injuries existed before the accident
- Asking leading questions when you give recorded statements
- Delaying claims
- Downplaying injuries and other damages to limit their financial exposure
These strategies are not always apparent for what they are. In fact, those perpetrating these strategies may come off as friendly or even “on your side.”
We advise our clients not to handle the claims process on their own, as these tactics have resulted in financial harm to many intelligent accident victims.
How You Can Expect Your New York City Rear-End Accident Lawyer to Lead Your Case
The Perecman Firm is known for its methodical approach, which produces winning cases. Every detail matters to our attorneys, who construct rear-end accident cases by:
- Reviewing police reports
- Documenting accident sites when circumstances allow
- Analyzing vehicle damage
- Consulting accident reconstruction professionals
- Determining who is at fault for the collision
- Determining who should pay for our client’s damages
- Gathering medical providers’ documentation of injuries
- Calculating the case value accurately
- Demanding fair settlements from liable insurers
- Fighting for clients in court when we need to
Rear-end accidents are often dismissed as low-impact events. We know from firsthand experience that these collisions can be devastating, life-changing events for victims. Our team will ensure that you receive all the compensation to which you are entitled.
Damages We Are Prepared to Pursue After Your Rear-End Accident
Our goal is to secure full compensation that reflects the full impact of your injuries, property losses, suffering, and other damages.
Recoverable damages in cases like yours often include medical expenses, lost income, loss of earning capacity, pain and suffering, vehicle repair costs, and other economic and non-economic losses.
We work closely with your medical team and industry experts to ensure that all of your damages are accounted for.
Rear-End Accidents Are Often Downplayed, But You Know Just How Heavy the Cost of These Collisions Can Be (and So Do We)
One of the most frustrating aspects of rear-end accident claims is how frequently they are minimized. Insurers may label them as “fender benders” even when the injuries are apparently severe.
Neck and back injuries, herniated discs, and traumatic brain injuries can result from rear-end collisions that happen even at relatively low speeds. These injuries can affect your ability to work, earn, sleep, enjoy everyday activities, and be yourself.
At The Perecman Firm, we take your injuries seriously. We listen to your story and ensure it is told accurately and persuasively.
Frequently Asked Questions: Rear-End Accidents and Your Legal Rights
We expect that you have numerous questions for us, which may include:
Do I need a lawyer for a rear-end accident if the other driver was clearly at fault?
Even when the fault seems clear, insurance companies may dispute liability and minimize your damages. You should always choose to have one of our attorneys advocate for you.
How long does a rear-end accident case take to resolve?
Each case is different. These cases can take time. We fight hard so our clients don’t have to wait unnecessarily to receive the compensation they deserve.
What if the insurance company has already made a settlement offer?
Early offers are often less than what a claim is truly worth. Don’t accept that offer until you have spoken with an attorney from The Perecman Firm. We will review the offer and advise whether it reflects fair compensation.
Does New York’s No-Fault law apply to my rear-end accident claim?
New York requires all drivers to carry Personal Injury Protection (PIP) insurance, which covers initial medical expenses and lost wages, regardless of who caused the accident. To file a lawsuit against the at-fault driver for non-economic damages, like pain and suffering, you must meet the serious injury threshold defined by state statute.
A knowledgeable attorney determines if your injuries meet this standard and helps you recover the full compensation you deserve.
Call for a Free Consultation About Who Is at Fault in a Rear-End Accident
New York law imposes a statute of limitations on personal injury claims, which means you have a limited time to file any lawsuit resulting from the rear-end crash. If you wait too long, you may lose your right to seek compensation entirely. We may also lose access to evidence that can otherwise be instrumental to your financial recovery.
Our New York City rear-end accident lawyers only receive a fee if our client receives compensation. No out-of-pocket costs make hiring our firm a stress-free decision and eliminate any reason to wait before engaging our team.
If you suffered an injury and are asking who is at fault in a rear-end accident, we are here to help. Reach out to The Perecman Firm to complete your free, no-obligation consultation with our compassionate intake team.