Rear-end collisions might be some of the most common crashes on New York’s busy streets. With congested traffic, sudden stops, and distracted driving, accidents where one car strikes the back of another happen every day. While these accidents are, in most cases, minor, they can lead to catastrophic injuries for victims. When they’re caused by someone else’s negligence, victims have a right to contact a car accident lawyer to pursue a lawsuit.
Even at low speeds, rear-end crashes can cause significant injuries. including:
- Whiplash
- Back and spinal injuries
- Concussions or traumatic brain injuries
- Broken bones
- Psychological trauma
When it comes to figuring out who is legally responsible, the answer isn’t always as simple as “the rear driver is at fault.” While the rear driver is often presumed responsible, there are exceptions, and New York’s laws add important nuances.
If you’ve been involved in a rear-end collision in NYC, understanding how liability is determined can help you protect your rights and recover compensation for your injuries.
When is the Rear Driver at Fault in a Collision?
In most cases, the driver who hits another vehicle from behind will be considered at fault. Why? Because New York law requires all drivers to maintain a safe following distance and remain in control of their vehicles.
Common reasons the rear driver may be at fault include:
- Tailgating: following too closely behind another vehicle.
- Distracted driving: looking at a phone, adjusting the radio, or eating behind the wheel.
- Speeding: driving too fast to stop safely when traffic slows.
- Driving under the influence: impaired reaction times can lead to preventable crashes.
- Weather conditions: failing to adjust driving in rain, snow, or fog.
In these situations, the rear driver’s negligence makes them responsible for the collision because they are required to keep a safe following distance in clear and dry conditions. In conditions with poor weather, drivers need to maintain an even greater distance.
New York’s Law on Tailgating
Tailgating is one of the biggest contributors to rear-end collisions. Under New York Vehicle & Traffic Law § 1129(a):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
This means drivers must always leave enough distance to stop safely, regardless of traffic or weather. Violating this rule can lead to both traffic citations and civil liability if a collision occurs.
Can the Front Driver (Who Was Hit) Ever Be at Fault?
While it’s less common, the driver of the car that was rear-ended can sometimes be held responsible. All drivers on NYC roads are required to drive with due regard, which means to give proper, reasonable, or sufficient consideration, attention, or care to a matter.
Some examples of when the front driver can be held at fault in a rear end situation include:
- Sudden, unnecessary stops: if the front driver slams on the brakes for no reason in moving traffic.
- Faulty brake lights: if the rear driver had no warning that the vehicle ahead was slowing down.
- Improper lane changes: if the front driver swerves in front of another vehicle without signaling or leaving enough space.
- Reversing unexpectedly: backing into another car in traffic or at an intersection.
In these scenarios, the presumption of rear driver fault may be challenged, and liability may shift partially or fully to the driver in front.
Can You Recover Damages If You’re Partially at Fault?
New York follows a pure comparative negligence rule. This means even if you share some responsibility for the accident, you can still recover damages.
For example, if you were rear-ended while your brake lights weren’t working, a jury might find you 20% at fault. If your total damages were $100,000, your compensation would be reduced by 20%, leaving you with $80,000.
This system ensures that accident victims are not barred from recovery just because they bear some of the blame.
There Are Reporting Requirements for Rear-End Accidents
After a rear-end collision, there are legal reporting requirements that drivers must follow. Failing to report an accident properly can lead to fines, license suspension, and even criminal penalties.
After an accident, you must report:
- Injuries or Death: if anyone is injured or killed, you must immediately notify the police.
- Property Damage Over $1,000: you must file a written report with the DMV (Form MV-104) within 10 days.
- Insurance Requirements: New York is a no-fault insurance state, meaning your own insurance will cover basic medical expenses regardless of fault. However, you can pursue additional damages if your injuries meet New York’s “serious injury” threshold.
What to Do After a Rear-End Collision
If you’ve been involved in a rear-end accident in NYC, here’s what you should do to protect yourself and your claim:
- Check for injuries and call 911 if anyone needs medical attention.
- Stay at the scene until police arrive (if required by law).
- Exchange information with the other driver (names, license numbers, insurance info).
- Take photos of the vehicles, accident scene, and any visible injuries.
- Get witness statements and contact information.
- Seek medical attention, even if you feel fine – some injuries appear later.
- Contact an experienced car accident lawyer to discuss your rights and deadlines.
Insurance and Compensation
New York’s no-fault insurance system means your Personal Injury Protection (PIP) coverage pays for medical bills and lost wages up to policy limits, no matter who caused the accident.
However, you may bring a lawsuit against the at-fault driver if your injuries qualify as “serious” under New York law, such as:
- Fractures
- Significant disfigurement
- Permanent limitation of use of a body part
- Substantial disability lasting at least 90 days
In a lawsuit, you can seek compensation for:
- Medical expenses beyond no-fault coverage
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
Morelli Law Firm Fights for Rear-End Collision Victims
At Morelli Law Firm, we’ve helped countless New Yorkers recover after devastating accidents. Our attorneys have over 100 years of combined experience and have secured billions of dollars in verdicts and settlements for our clients.
We know how stressful rear-end accidents can be. When you hire us, we handle every aspect of your case, standing up to insurance companies and negligent drivers so you can focus on healing. Contact us today for a free case evaluation.
