Rear-end collisions are one of the most common kind of car accidents. Tailgating, speeding, texting, and stopping short are just some of the scenarios that contribute to these types of wrecks.
If you were hurt in a rear-end collision, you may have grounds for legal action. Regardless of which vehicle you were operating or riding in at the time, there’s a chance you’re entitled to compensation, as long as you were not wholly at fault.
Before you proceed with a claim, though, here are a few things you should know:
1. None of the Parties That Were Involved May Be Liable
When it comes to rear-end collisions, people often assume the motorist who was driving the vehicle in the back is at fault. While this ends up being true in a lot of scenarios, it’s not always the case.
Sometimes, the motorist who was driving the vehicle in the front is responsible. If they were drunk, for example, and stopped short for no reason, the motorist who struck them would have every right to take action.
There are also situations in which neither motorist is deemed liable. If the accident is attributed to defective brakes or faulty mechanics, for example, a manufacturer or auto repair shop may be to blame. And if a broken stoplight contributed to the wreck, the government agency that was supposed to maintain it could be responsible.
2. You’re Going to Have to Present Sufficient Evidence of Damages
When it comes to car accident claims, proving liability isn’t enough to secure a payout. You’re also going to have to demonstrate that you incurred actual damages as a result of the negligent party’s actions (or lack thereof).
In New York, recoverable damages include:
· Medical bills;
· Reasonably necessary replacement services;
· Lost wages;
· Loss of future earnings;
· Property repairs;
· Home and vehicle modifications;
· Mental anguish;
· Loss of enjoyment in life;
· Pain and suffering;
· Physical impairment and disfigurement; and
· Loss of consortium.
3. You Must Take Action Before the Filing Deadline Has Passed
If you and the insurance adjuster cannot arrive at a satisfactory settlement, you may end up having to go to court. Since the judge will dismiss your case if the applicable deadline has passed, however, it’s imperative to act fast.
In New York, personal injury plaintiffs typically have three years from the date on which they were hurt to take action. There are several exceptions, however, that can shorten this deadline considerably, so it’s wise to reach out to an attorney as soon as possible.
Call 855-585-2969 to Discuss Your Case with a New York Car Accident Lawyer
At Leitner Varughese, we’re proud to go up against even the largest insurance corporations on behalf of car accident victims. If you were seriously hurt by a drunk, distracted, or drowsy driver, we’ll harness the power of our vast legal network to help you pursue the maximum payout possible.
Our resourceful team counsels clients in Long Island, New York City, and throughout the rest of New York state. Call 855-585-2969 or fill out our Contact Form to schedule a free initial consultation with a car accident attorney in New York.