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New York City Rear-end Hit Attorneys
Almost one-third of all motor vehicle accidents involve a rear-end hit. According to the National Highway Safety Administration (NHTSA) 2021 Traffic Safety Facts, rear-end collisions accounted for 29% of all auto accidents.
Following too closely contributed to 40,666 New York motor vehicle accidents in 2010 alone. Driver distraction was also a significant factor contributing to rear-end collisions. As such, rear-end car accidents are one of the most frequent types of automobile accidents in New York and the Unitied States.
The roadways and highways of New York City are especially congested with vehicular traffic. Traffic jams can be frustrating and result in driver inattention or fatigue. Other times, a car behind may be following too closely or tailgating, thereby not leaving enough distance between the vehicles to stop safely.
Tailgating or texting while driving increases the risk of a rear-ender.
Generally, the motor vehicle that struck the car in front will be found at fault for the accident. The law mandates that drivers keep a safe distance from the vehicle in front of it. This driver must be able to anticipate sudden stops by the vehicle in front and be able to react accordingly. The failure to do so is the negligent operation of a motor vehicle.
A driver that causes a rear-end car crash may be found liable under the law for the injuries caused by the accident to other parties.
Injured in a New York rear-end car accident?
If you or a loved one has been hurt in a New York City rear-end hit auto accident, you need to ensure that the accident is reported to the police and that you receive the needed medical care and attention.
You should also consult with an experienced New York City personal injury attorney to explain your rights and protect your interests. You should do this before you speak to the insurance company for the other party.
We know that insurance companies are not on your side. Their job is to try to defeat your claim and to attempt to terminate your benefits as soon as possible. Their sole desire is to pay as little as possible on your claim.
No-fault Benefits
Under New York law, owners of motor vehicles are required to have insurance coverage that includes No-Fault benefits. These benefits will provide the inured person with coverage for medical expenses, generally up to $50,000.00. The benefits also cover lost wages and property damage losses.
The law provides time restraints to file for No-fault benefits. The New York Department of Financial Services provides answers to many questions about No-fault benefits.
Serious Injury Law
To recover for pain and suffering, i.e. noneconomic loss, the injured person must first prove that she sustained a “serious injury” as defined by the New York Insurance law.
The Insurance Law defines a “serious injury” as a personal injury which results in at least one of the following:
- Death;
- Dismemberment;
- Significant disfigurement;
- Fracture;
- Loss of a fetus;
- Permanent loss of use of a body organ, member, function or system;
- Permanent consequential limitation of use of a body organ or member;
- Significant limitation of use of a body function or system; or
- A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
The insurance company for the wrongdoer will seek to apply this law to defeat your injury claim. A skilled New York City personal injury lawyer, however, will know how to defend the injured person against this attack.
Experienced New York City Car Accident Lawyers
Since 1987, Mr. DiMartini has assisted hundreds of people injured in car accidents throughout the New York City Metropolitan area. He has obtained millions of dollars in awards and settlements for his injured clients. He is a seasoned New York City personal injury attorney. With his knowledge of the law, he knows how to counter the tactics the insurance companies and their lawyers will use to try to deny your claim.
Let us put our years of experience to work for you to get you compensated for your medical expenses, lost wages, and pain and suffering. We will fight to get you the maximum compensation you deserve for your damages.
Personal injury litigation is all we do. We get results!
Experienced New York City Car Accident Lawyers
