Long Island Rear-End Collisions Lawyer

If you’re hurt after a rear-end collision, you may be eligible for compensation. Speak with an attorney today.

If you suffered injuries in a rear-end collision, the rear-ending vehicle is typically automatically at fault. You may have the legal right to receive financial compensation from the at-fault driver or their insurance provider for your damages after such a collision.

The auto accident attorneys on Long Island from Rosenberg & Gluck, LLP can help you identify the driver responsible for colliding with your car, evaluate the total financial impact of the collision, and prepare a comprehensive personal injury case.

Discuss the details of your collision and explore your options for financial recovery with a member of the intake team at Rosenberg & Gluck, LLP by calling us for a free, no-obligation consultation today. We can represent your rear-end collision case on a contingency-fee-basis, which means you make no upfront payments to retain our services. We only get paid if we win compensation for you.

For a free legal consultation with a rear-end collisions lawyer serving Long Island, call 516-451-7900

Long Island Rear-End Collisions Guide

Table of Contents

Take Action After a Rear-End Collision on Long Island

If you were in a collision because another driver collided with the back of your car, the rear-ending vehicle is almost always automatically at fault. This means you may be able to hold the driver legally responsible for your injuries and losses.

New York law may require you to turn to your personal injury protection (PIP) no-fault coverage for your basic expenses first. You must meet certain criteria to pursue fault-based compensation on Long Island. However, it’s important to treat each crash like it may qualify for a fault-based claim since there is no way to know early on.

To this end, we recommend that you:

  • Seek immediate medical care for your injuries so that you can begin treatment and create a link in your medical record between the accident and your injuries
  • Retain all evidence from your case, including police records, photos and videos, and contact information for witnesses
  • Use caution when speaking with the responsible party’s insurance company, as they could use your statements to reduce or deny your claim. Better yet, allow an attorney from our team to handle any necessary conversations.

Long Island Rear-End Collisions Lawyer Near Me

516-451-7900

You Don’t Have to Go Through This Alone

If you hire a car collision lawyer on Long Island from our firm to represent you, we can manage all gathering of evidence and communications with insurance companies on your behalf. Having an attorney on your side protects your rights and ensures that you have the resources you need to navigate the legal process from start to finish.

Financial Damages That You May Be Able to Recover

If you suffered serious injuries in your car crash on Long Island, New York law may allow you to seek fault-based damages—particularly if your medical expenses exceed the coverage provided for basic losses by your PIP policy and your injuries meet the statute’s definition of “serious.” Our team can assess your case and explain your options based on applicable state laws.

The at-fault driver who rear-ended your vehicle may be responsible for the financial impact of your injuries.

Examples of financial damages that you could recover in a personal injury claim or lawsuit include:

  • Medical bills
  • Future care and support needs
  • Lost income from any sources
  • Diminished earning capacity
  • Pain and suffering
  • Physical deformities and scars
  • And more

Calculating and Documenting Your Losses

A car collision lawyer on Long Island from Rosenberg & Gluck, LLP can calculate your losses and assign a financial value to your compensation claim after a rear-end crash. This is a critical part of the process—agreeing to a settlement offer that’s too low could force you to incur any future out-of-pocket expenses. We know how to build rear-end collision claims and seek fair compensation for our clients.

We also understand the importance of documenting your recoverable damages and getting a fair settlement. We may be able to hire medical, vocational, and economics experts to help validate your case and establish the estimated future costs of these injuries.

New York’s No-Fault Coverage Offers Limited Recovery Options

According to the New York State Department of Financial Services, no-fault insurance laws in New York mandate that all drivers carry a personal insurance policy plan. After an accident, PIP covers basic collision-related expenses, including medical bills, a limited amount of lost income, and vehicle mileage for necessary trips to receive medical care. This may be sufficient for minor fender-benders and other crashes.

However, no-fault insurance coverage does not provide compensation for pain and suffering or anything else beyond these basic benefits. The treatment expenses for many rear-end collision victims quickly eclipse the coverage provided by PIP policies, which could allow you to demand additional damages from the at-fault driver’s insurance coverage.

This may also be possible when your injuries are serious, which New York law defines as:

  • Fractures
  • Loss of a limb or loss of use of a limb
  • Significant disfigurement
  • 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
  • A lasting, serious limitation of a body function or system
  • Death

New York law also allows fault-based claims based on any injury that causes you to miss your normal activities for at least 90 of the first 180 days following a crash.

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Going Beyond PIP Coverage

If you meet any of the above criteria, you may be able to seek additional damages beyond your PIP coverage. A fault-based claim or lawsuit allows you to pursue damages for your pain and suffering and losses that exceed the maximum limits of your PIP coverage. Rosenberg & Gluck, LLP can help you pursue a compensation claim against a liable third party, generally the driver who hit you from behind in a rear-end crash.

Driver Actions That Often Lead to Rear-End Collisions

Many factors can play a role in vehicle collisions that lead to injuries and fatalities. Rear-end crashes are not always minor, low-speed accidents. In fact, rear-end collisions are dangerous and can be deadly.

According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for nearly 50 percent of all reported vehicle collisions, and an estimated 1,700 people die because of rear-end collisions every year.

The NHTSA reports that most rear-end collisions are caused by drivers failing to pay attention to the traffic in front of them.

This negligence could be due to:

  • Texting and driving
  • Communicating with other car occupants
  • Drowsy driving
  • Eating, drinking, or taking their hands off the wheel
  • Managing the radio or climate controls while driving
  • Rubbernecking

Generally, drivers are responsible for leaving enough stopping distance between their vehicle and the one in front of them while driving. Maintaining a safe following distance and driving at an appropriate speed are essential for preventing rear-end collisions.

Proving Legal Responsibility

New York traffic laws presume the rear driver is legally responsible, and the courts have a long history of upholding this fact in civil suits. However, we still need to develop a strong argument to show negligence and fault to hold the rear driver legally responsible for our client’s damages.

This generally requires us to show:

  • The driver had a duty to leave a safe following distance and stop or slow down to avoid a collision
  • The driver failed to do so
  • This caused the rear-end crash
  • The victim (our client) suffered serious injuries as a result

Filing Your Rear-End Collision Case on Long Island

Our attorneys can help with your PIP insurance claim, auto liability claims against the at-fault driver, and lawsuits in Nassau or Suffolk County courts as well as elsewhere in New York. We handle all aspects of your case, allowing you to focus on healing and getting back to your normal activities.

We gather the necessary evidence, document your client’s damages, and approach the at-fault driver’s insurer to demand a fair settlement.

The several possible outcomes to this include:

  • The insurer agrees to pay the money
  • The insurer counteroffers with a lower amount
  • The insurer denies the claim and we pursue compensation through a lawsuit

Managing the Negotiation Process

In most rear-end collision claims, the at-fault driver’s insurance company responds to our demand letter with a counteroffer and the settlement negotiation process begins. Our team uses proven negotiation techniques, strong evidentiary support for your case, and other resources to seek a fair settlement on your behalf.

This process can take several weeks or months, or longer, many phone calls, emails, and face-to-face meetings, and a lot of work. However, we will fight for a settlement that falls within the range we calculated based on your expenses and losses. Negotiating a fair settlement is the most common way we win compensation for our clients in auto collision cases.

Filing a Lawsuit

Sometimes, we may need to sue the at-fault driver rather than focusing solely on settling with their insurer.

This could occur because:

  • We are running out of time to sue
  • The insurer denies responsibility and refuses to pay the claim
  • The insurance company will not agree to a fair settlement
  • Other circumstances that make it necessary to sue or go to trial

If we need to sue the at-fault driver in your case, we generally only have three years to do so. New York law sets this deadline for most personal injury cases, including rear-end collisions on Long Island. There are exceptions, but many give the victim less time to act, not more. We can assess the deadline in your case during your free initial consultation with our team.

Contact Us After Your Rear-End Collision on Long Island

A rear-end collision that injures you or a family member could lay the foundation of a personal injury claim or lawsuit. Our personal injury lawyers can manage your case while you concentrate on recovering from your injuries. We will evaluate your case with you for free today, with no upfront fees or costs.

To get started and learn more about your legal options, speak to a team member at Rosenberg & Gluck, LLP about your Long Island rear-end collision. We assist potential clients in both English and Spanish.

 

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