Rear-end accidents are one of the most common types of road collisions today. Currently responsible for millions in damages, tens of thousands of hospital trips, and thousands of deaths annually, these accidents are especially frequent in Manhattan and New York City.
If you’ve experienced a rear-end accident before, then you’re most likely familiar with just how much trouble there is to deal with after the collision. Regardless of where the accident happened, how fast the driver at fault was going, or how much damage was caused, seeking reparations will always be quite difficult whether you’re on the wrong or right side of things.
What you need to know about liability during a rear-end accident
With traffic in Manhattan and New York’s surrounding communities growing worse each day as congestion gets denser, the likelihood of being involved in a rear-end collision is much higher than ever. Considering that most drivers in the area have developed a poor habit of following another car too closely, the possibility of you experiencing the same problem (or you causing it) is much higher.
As you continue to keep yourself mentally sharp to deal with the growing risks of rear-end accidents, there’s one specific related concept that you’ll also need to be more aware of: liability. Read on to learn more about dealing with a related emergency:
The general rule to keep a note of (the presumption of liability)
While the legislature concerning rear-end collisions continues to grow rather complex because of the growing list of factors to consider, one dated fixture remains as relevant as ever: The general rule that the vehicle on the receiving end is assumed to be liable.
Based on the legislature and the common trend of decisions made in court cases involving rear-enders, another driver whose vehicle hits a stopped (or slowing) car is deemed liable for their role in maneuvering the striking car. This generalization has carried on to the point where courts deal with such collisions by presuming that the rear driver was negligent, making them financially liable.
Is it possible to be the rear car and still not be liable?
Absolutely—this is why NYC’s legal experts and courts now consider the general rule mentioned above as a rebuttable presumption.
When it comes to rebutting the presumption of liability mentioned above, it’s important to note that the presence of a non-negligent reason for the collision must be proven in court. However, it’s also worth noting that non-negligence is a legal classification that is rather thin because of how rare such a permissible or excusable cause is. If you find yourself in a rear-end case but believe that such an occurrence was beyond your control, here are valid uncontrollable causes accepted by a court:
- An unforeseeable natural occurrence that may cause the need to speed up (such as an earthquake, flood, landslide, or rockslide)
- The negligence of a third party on the road (such as a toppled truck, a car veering onto one’s lane without warning or signaling)
How do you seek compensation?
Whenever you deal with a rear-end accident in New York, seeking financial compensation for the damages that you’ve experienced all boils down to performing the right actions along the way.
Although most insurance companies may choose to avoid paying large settlements, it is very much possible to get what is owed to you by working with a legal expert. Once you seek the services of Ronemus & Vilensky’s car accident attorneys in New York, we’ll help heighten your chances of being paid for your troubles in court and in your insurance provider’s office in no time!
Conclusion
Dealing with a rear-end accident doesn’t end after leaving the scene and returning home because it can put affected parties through a rather confusing and legally-bound experience. With the key points mentioned above, you can help ensure that you have the right pointers in mind as you seek financial compensation so that you’ll get justly compensated in no time!
If you’re looking for a trustworthy and professional car accident attorney in New York that can help you receive what is owed to you during a rear-end accident, Ronemus & Vilensky’s experts are here to help. Get in touch with us today to learn more about how we can best serve you!