car accident rear end collision injured personal injury attorney

Who Is Liable In a Rear-End Accident?

Car accidents happen every day. Some are just fender benders and others are high-speed collisions. As a general rule, in rear-end collisions, the rear vehicle is liable for the accident. However, New York is a “contributory negligence” state and in all accidents the degree of liability must be established.

The Driver in the Rear

Common reasons the rear driver may be negligent include:

  • Distracted Driving – Most rear-end collisions are caused by distracted driving. Drivers who take their eyes off the road to text, eat, read, etc. lose focus and reaction time.
  • Aggressive Driving – Angry and aggressive driving, speeding or tailgating.
  • DWI / DUI - Driving under the influence of drugs or alcohol slows reaction time and alters a driver’s coordination and cognitive abilities.
  • Driving Drowsy – Tired drivers lack concentration. When you are tired behind the wheel, losing focus may lead to a serious rear-end collision.

The Diver in Front

Though much less common, the front driver may be negligent and cause a rear-end collision where the front driver stops short unexpectedly or cuts off a rear vehicle.

Third-Party Negligence

Other drivers, pedestrians, poor road conditions may also cause an accident. In each case, the negligence and degree of liability must be established by proof in order to recover financially as a result of an auto accident.

The Ahearne Law Firm Can Help

Immediately following any auto accident, there are critical steps one should take to preserve evidence and prepare a proper case. Initially, of course, the proper medical treatment is the priority. We can assist in identifying quality medical providers and we’ll complete and submit the necessary No-Fault Insurance forms to be sure your medical treatment is approved. We work with all medical providers to thoroughly document all treatments and we’ll obtain the police report, photographs, medical records and complete diagnostics, all of which are important and required if you are to proceed with a strong case.

If you’ve been injured in a car accident, give us a call right away. We know what we’re doing, and we can help.

Call The Ahearne Law Firm today (845) 763-4100 to learn more about how we can help you recover. We offer FREE consultations to ensure those who need legal guidance have the ability to do so.


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