If you are rear-ended and pushed into the car in front of you, the driver who caused the initial rear-end collision is usually at fault. In a chain-reaction accident, fault is typically assigned to the rear-most driver if they failed to maintain a safe following distance. However, liability can be shared depending on speed, stopping distance, or if other drivers were also negligent. In New York, comparative fault rules may apply, meaning more than one driver can be held partially responsible.
Not only can a rear-end crash inflict devastating damages and injuries on you, it can also sometimes force you to hit the vehicle sitting in front of you. The result can be costly medical expenses for you and the looming threat of litigation from the occupants of the car you hit. After an accident, many people ask, If you get rear-ended and hit the car in front of you, whose fault is it? Unfortunately, the answer can be a complicated one. A qualified personal injury lawyer can review the details of your case to determine who is responsible for the collision.
Being involved in a multi-car accident can be confusing and stressful, especially when you’re hit from behind and pushed into another vehicle. We’re here to help you understand your rights, protect your claim, and work toward the best possible outcome for you.
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What Happens If You Get Rear-Ended and Hit the Car in Front of You?
New York uses a no-fault system for car accidents, meaning that involved parties file claims with their own insurance companies to have their crash related medical bills and lost wages paid . A driver’s personal injury protection insurance will cover medical expenses up to the policy’s limit. The at-fault party can be liable for medical expenses exceeding your coverage limit.
Additionally, a car accident victim can seek compensation from the at-fault party if they suffer a qualifying “serious injury,” including:
- Significant disfigurement,
- Broken bones,
- Loss of a fetus,
- Dismemberment,
- 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 system or function, or
- A “90-180” Injury. This refers to a medically determined injury precluding you from doing all or substantially all of your normal activities of daily living for at least 90 out of the first 180 days following the crash. .
Qualified and experienced attorneys can review the details of a rear-end collision and help determine the proper course of action for recovering damages.
Causes of Rear-End Collisions
Rear-end car accidents happen with alarming frequency. In many cases, rear-end collisions happen when one vehicle stops or moves slowly, and a second vehicle runs into it from the rear. Rear-end accidents occur frequently on interstates with heavy traffic and in parking lots.
Factors that may cause a rear-end crash include:
- Texting and driving,
- Eating while driving,
- Following too closely,
- Changing lanes without signaling,
- Not paying attention to the roadway,
- Talking with passengers, and
- Driving at excessive speeds.
Remember, New York drivers seek compensation from their own auto insurance companies after a rear-end accident. You can only seek compensation from the at fault driver and owner if you suffer a qualifying injury. Our team will collect information to determine who caused the accident if you qualify to file a personal injury claim.
What Should I Do If I Get Rear-Ended and Hit the Car in Front of Me?
Our attorneys have prepared the following guide to help you guide you in the aftermath of a rear-end collision.
Report Your Collision to the Police
You should contact law enforcement and request that an officer respond to the scene as soon as possible. The responding officer will generate an accident report that includes information about the crash and the officer’s opinion of who caused the accident. This report will be essential for filing a claim for compensation with your or the other driver’s insurance company. Keep in mind that in New York City, the police will not come to the scene of an accident resulting in property damage only. These accidents do not require you to call the police. The NYPD will come to the scene of an accident involving an injury.
Seek Medical Treatment
If you suffer injuries in a rear-end accident, you should seek medical treatment right away. Rear-end collisions can cause several different injuries, including:
- Whiplash,
- Neck injuries,
- Head injuries,
- Internal injuries, or
- Broken bones.
A medical visit allows you to start preserving documentation of your medical expenses. Even if you think you feel fine, having a medical professional examine you can help ensure no hidden injuries go untreated. Go to the nearest urgent care center for an evaluation if you are not sure how hurt you are.
Collect Evidence from the Accident Scene
Some of the best evidence to prove liability in an accident is available immediately after the collision. Information available at the accident scene may include:
- Photographs of the crash,
- Photographs of your injuries, and
- Statements and contact information for eyewitnesses.
The evidence available at the scene typically disappears very quickly after the accident. Therefore, it is crucial to document this information as soon as possible.Take out your cell phone and photograph the scene as well as the cars and people involved. Take video if you are able to.
Call your insurance company
Report the incident to your vehicle’s insurance company immediately. Most insurers have a 1-800 number for you to call and report the crash as well as any injuries that you or your passengers have sustained.
Do Not Speak with the representative of the other vehicle’s insurance company until you have spoken with us
Speak with a Compassionate Car Accident Attorney After a Chain-Reaction Crash
In New York cities like White Plains, Yonkers and the Bronx, determining fault in a rear-end chain collision can get complicated. Our attorneys know how to investigate and protect your claim.
Since our founding more than sixty years ago, Greenspan & Greenspan Injury Lawyers has helped clients navigate the legal process and secure favorable results. We pride ourselves on offering compassionate and accurate legal advice to individuals who suffer injuries in rear-end car accidents. Let our team worry about the details of the legal process so you can focus on recovering from your injuries.
Contact Greenspan & Greenspan to schedule an appointment to speak with one of our experienced attorneys today.
