New York is infamous for its traffic. While heavy traffic creates a greater risk for automobile accidents, a negligent, distracted or reckless driver is the likely cause of a crash. Whether you are traveling on a congested highway or a desolate road, there is always a risk of a negligent driver colliding with you.
When a vehicle strikes you suddenly from behind, it not only shocks you but is also likely to cause you physical injuries. Whether you were stopped or moving, it may not be immediately clear what happened and how this collision occurred. It is important to take the time to assess the cause, as this could assist with establishing fault.
Establishing fault after a motorist rear-ends you
When it comes to the most common types of car accidents, rear-end collisions top the list. Although they frequently occur on roadways across the nation, it is not always clear and evident that the motorist hitting you from behind was at fault.
Because motorists are supposed to leave enough room between their vehicle and the vehicle in front of them in case the car ahead of them suddenly stops, a rear-end collision could simply occur when a driver wasn’t driving safely. Whether it is because they didn’t leave enough room in front of their vehicle, ran a stop sign, failed to see the traffic light change due to distractions or accidently accelerated instead of breaking, the evidence and circumstances surrounding the crash often illustrate that the other motorist was at fault.
Proving you were not at fault for rear-ending a vehicle
Colliding with the rear-end of another vehicle may look like you were at fault; however, there are situations where you could prove you are not liable. For example, the other motorist failed to apply their brakes or clutch while driving on an incline, the other driver remained in reverse when they accelerated to move forward or the brake lights of the vehicle ahead of you were out.
Fault could be placed on the front vehicle entirely or partially in some situations. If the front vehicle made an improper, unexpected or abrupt stop in a high-speed area, liability could be placed on that driver for any rear collisions. Similarly, they could be liable for not pulling over when their vehicle has a problem or stopping their vehicle in a no-stop zone or dangerous location.
Being a victim of a car crash is an unfortunate circumstance; however, it is an event that affords you options when it comes to protecting your legal rights. If you suffered injuries and harms in the crash, you could recover compensation for the damages suffered through a civil suit, such as a personal injury action.