This type of car accident is the most common to happen to drivers. You are stopped at a light and the car behind you fails to stop or you slow down for traffic on a street or highway and boom! You are plowed in to by the driver behind you. So, who is to blame in these circumstances? You should know that in the State of New York the law presumes that the driver who hit you in the rear is the one that is totally responsible for the accident and the injuries you have been caused.
When someone is hit from behind, the law assumes that their actions can be found to be a violation of certain rules of the road: the vehicle and traffic law that prohibits following a car too closely or a combination of violations of the law such as speeding or other reckless driving provisions. As with any accident, the facts will determine liability. It is, however, the responsibility of the driver that hit you to dispute this presumption under the law and prove that they were not negligent when they hit you and caused your injuries.
DAMAGES CAUSED BY A REAR END CAR ACCIDENT
Sometimes the damage to the rear of your car can show the force of the impact and help to prove your case. But also know that the amount of damage to the back of your car does not determine the extent of your injuries.
Cars are built to sustain impact. Rear end impacts are jolting and can cause whiplash and a whole host of other injuries to the neck and back while there may be very little damage to the car itself.
As with any car accident case we have to make sure that you meet what is known as the “serious injury threshold” in New York in order to be able to receive monetary compensation for your injuries. This is a law that requires that you meet certain injury criteria in order to recover for your injuries. While a broken bone is easy to determine and so easy to help prove threshold, “soft issue” injuries – such as pain, inflammation, etc., – are a bit more complicated. But they are, without a doubt, injuries for which you can collect compensation. Do not be scared because of this type of injury.
We also want you to be aware that the insurance adjuster for the car that hit you will be in contact with you sooner rather than later. They know the law and they are going to try and persuade you to settle. Tell them you do not wish to speak with them at this time and you will call them when you wish to discuss your case. Do not return any questionnaire that they send you. Do not consent to taking a statement as to the facts and circumstances surrounding the accident and/or your injuries over the phone. Just politely tell them to leave you alone.
Our expertise in Car Accident Rear Ended Lower Back Pain can help sort through all aspects of your case and guide you to “what happens next.” Contact us at The Platta Law Firm. We are here to help.
