While there are a variety of ways that car accidents occur such as a head-on collision, a side collision, or a sideswipe collision, a rear-end accident is one of the most common. There are many reasons that rear-end collisions occur. For example, they may be caused by the malfunctioning of the vehicle or poor road conditions. They are also common to chain reaction accidents. However, most rear-end collisions are caused by driver negligence. Even in minor rear-end accidents where the collision involves one car reportedly merely "tapping" another car, there can be injuries. A victim of a rear-end collision may suffer a painful, devastating injury such as a traumatic brain injury, neck injury, back injury, or broken bones. These types of injuries may involve long recovery times and decreased ability to earn income. If you or a loved one suffered a serious injury in a car accident it is critical that you immediately contact an experienced Queens car accident lawyer at Stephen Bilkis & Associates who can help you get the compensation to which you are entitled in a personal injury or wrongful death claim.
Causes of Rear-End CollisionsIn many cases rear-end collisions result from following a vehicle too closely, also referred to as tailgating. Under New York Vehicle and Traffic Law section 1129, drivers are prohibited from following another vehicle "more closely than is reasonable and prudent." If a driver follows another car too closely and it unexpectedly decelerates, there is a good possibility that the following driver will hit the other car in the rear. If a driver hits the car in front of him or her, the presumption will be that the following driver was at fault.
In Colon v. Vermouth Taxi Inc., 2015 NY Slip Op 31903(U) (N.Y. Sup. Ct., 2015), plaintiff Guillermo Colon was stopped at a red light at the intersection of 7th Avenue and West 43rd Street. According to Colon, when the light turned green he did not immediately go because there were pedestrians crossing the street. When he started to move, his car was struck in the rear. Defendant Mathieu Nyamba testified that the accident occurred because Colon made a sudden stop while attempting to make a right turn. Because of the sudden stop Nyamba testified that he was unable to avoid hitting Colon's car. The Court sided with Colon, noting that regardless of whether Colon was making a right turn or proceeding straight immediately prior to the accident, Nyamba failed to provide a non-negligent explanation for hitting Colon's car and did not explain why he failed to maintain a safe distance from Colon's vehicle as required by New York Vehicle and Traffic Law section 1129.
In addition to following too closely, other common causes of rear-end collisions include texting while driving, poor weather conditions such as fog, heavy rain or snow, and driving too fast.
Consequences of Rear-End CollisionsIf you are injured in a rear-end collisions, contact an experienced Queens car accident lawyer. Common injuries sustained by those injured in a rear-end collisions accidents include injuries to the back, neck and spine. For example, Tyson v. Nikolis, 2015 NY Slip Op 32003(U) (N.Y. Sup. Ct., 2015) is a personal injury lawsuit based on an accident where Anatastasia Nikolis rear-ended the car driven by Jesse Tyson. Diane Tyson was a passenger. The Tysons were stopped at a red light when the accident occurred. As a result of the accident both Jesse and Diane Tyson suffered a number of spinal, back and shoulder injuries including disc herniations, disc bulges, cervical and lumbar radiculopathy, and adhesive capsulitis.
Contact a Car Accident Attorney in QueensA car accident can leave you both physical injuries and financial stress. A personal injury lawsuit against the person responsible for the accident will not only hold that person accountable for their negligent acts but will also provide you and your family with needed financial relief. Through a personal injury action you can seek compensation to cover the past and future medical expenses related to you injury. You can also seek compensation for your lost earnings and loss of earning capacity. However, to ensure that your rights are protected it is important that you are represented by someone with experience representing victims of car accidents. We have extensive experience representing clients injured in rear-end collisions accidents as well as other types of vehicle accidents. Contact an experienced car accident attorney serving Queens at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident. We serve clients in the following locations: Queens, Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, and Nassau County.