There are nearly 2 million rear-end collisions on U.S. roads every year, the vast majority of which are entirely preventable. If every motorist chose to follow the rules of the road, drive in a predictable manner, and remain alert at all times, there would be at least 500,000 fewer injuries and 1,700 fewer traffic fatalities annually.
If you were hurt in a rear-end collision, you may be entitled to compensation for the associated damages. Read on to learn some of the most frequently asked questions about these claims:
1. How Do You Prove Liability for a Rear-End Collision?
The strongest evidence of fault will depend on the underlying cause of the accident. Some of the most common causes of rear-end collisions include tailgating, texting while behind the wheel, speeding, drunk driving, and foul weather. Maintenance issues, such as faulty brakes and tire blowouts, can also cause these wrecks.
Depending on the circumstances, evidence of liability may include:
- Dash cam footage from passing vehicles or surveillance recordings from cameras near the scene;
- Deposition from eyewitnesses;
- Photographs of the wreckage;
- Toxicology reports;
- The official police report;
- Cell phone records;
- Maintenance records; and
- Deposition from an accident reconstruction expert.
2. What Kinds of Damages Might Be Available Following a Rear-End Collision?
In the state of New York, personal injury claimants can seek compensation for both the economic and non-economic damages that they incur. Such damages might include:
- Hospital bills;
- Anticipated future medical expenses;
- Lost wages;
- Loss of earning capacity;
- Property damage;
- Alternative transportation;
- Reasonably necessary home and vehicle modifications to accommodate any resulting disabilities;
- Home care;
- Child care;
- Domestic help;
- Physical impairment and disfigurement;
- Loss of enjoyment in life; and
- Pain and suffering.
3. What If the Opposing Party Is Uncooperative?
If the opposing party disputes your claim or refuses to offer a fair settlement, you may have no choice but to file a lawsuit and proceed to litigation. In the state of New York, the standard statute of limitations for personal injury lawsuits is three years when the cause of action is negligence. For cases involving intentional torts, however, the statute of limitations is just one year.
If you were rear-ended by someone in a fit of road rage, for example, the shorter filing deadline might apply. Because there are other factors that could affect the lawsuit filing deadline, it’s wise to consult an attorney as soon as possible following the wreck.
Call 716-855-3761 to Speak with a New York Car Accident Attorney
If you or someone you love was struck by a drunk, distracted, or otherwise reckless driver, contact LoTempio P.C. Law Group. Our attorneys have extensive experience in rear-end collision claims, and we have won substantial settlements and verdicts against some of the largest insurance companies in the state.
We will answer your questions, conduct a thorough investigation into the collision, and help you determine the most strategic way to proceed with your personal injury claim. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a car accident lawyer in New York.