Accomplished Lawyers Seek Full Compensation for People Hurt in New York Rear-End Collisions
Brooklyn firm represents clients injured when vehicles hit them from behind
A rear-end collision is the automotive equivalent of minding your own business and suddenly getting sucker punched. The driver of the vehicle behind you might not have intended to hit you, but there’s little doubt they were careless. Now, their negligence has left you injured and dealing with repairs to your vehicle. At Goldberg Sager & Associates in Brooklyn, we’ve dealt with this scenario time and again. We regularly help clients obtain full compensation for the harm inflicted by rear-end collisions in New York. Our proven lawyers are ready to put our skills and experience to work for you.
Why rear-end collisions often happen in New York
The first rule of driving is to keep your eyes on the road. Why then is it so difficult for some drivers to avoid hitting a vehicle that’s right in front of them? It should come as no surprise that haste and inattention are factors in most rear-end accidents. Common causes include:
- Speeding — Drivers in a hurry don’t leave themselves enough time to brake.
- Tailgating — Aggressive drivers don’t give themselves adequate stopping distance.
- Distracted driving — Inattentive drivers focus on passengers, gadgets, music, scenery and other matters that make it impossible to react in time when they finally realize a car has stopped in front of them.
Typically, it is clear that the fault for a rear-end collision lies with the trailing driver.
How no-fault insurance works in New York
In many New York auto accidents cases, fault is not an issue, because state law provides for no-fault insurance. This means that if you have a routine accident, you must file your claim with your own insurance company within 30 days of the accident. If your total economic losses exceed $50,000 and/or you have sustained what the law defines as a serious injury, you can file a claim against the at-fault driver.
Starting a civil lawsuit when costs exceed insurance
Should your case qualify for a civil auto accident lawsuit, we’ll take action against the liable driver. In these matters, you can also collect damages for the pain and suffering you experienced in addition to medical costs and the property damage you suffered. Strict deadlines exist to file these claims, so you should not wait to contact us.
When a rear-end accident causes serious injury
Under New York State law, a serious injury that justifies a claim against the at-fault motorist includes:
- Dismemberment
- Significant disfigurement
- Broken bones
- Death of a fetus
- Permanent loss or limitation of a bodily function
- Loss of a body part
- Injury that prevents you from performing everyday activities for at least 90 out of 180 days after the accident
- Death
Conditions such as whiplash, which is common in rear-end collisions, might or might not meet this standard. We will collect the necessary medical evidence and present it when the circumstances support a lawsuit.
Process of filing a civil lawsuit in NY
To file a civil lawsuit, you must be prepared to prove you meet the criteria for economic losses and/or serious injury. However, by filing a lawsuit, you are exiting the no-fault system. You are now required to prove the person you are suing caused the accident. This is where an experienced attorney can truly help you. Our firm interviews witnesses to assemble all available evidence of negligence, such as speeding, aggressive driving or distracted driving. We also call in expert witnesses, such as accident reconstruction engineers, healthcare providers and financial experts, to fortify your case when warranted.
