Our Family of Lawyers Has Been Helping Injured People For Three Generations If you were injured in a rear-end collision accident, you should contact a skilled personal injury lawyer today. Insurance companies will work tirelessly to give you the minimum compensation they can, but a skilled Westchester rear-end collision lawyer at Tomkiel & Tomkiel could fight on your behalf. Contact us today to discuss your case.
What is a Rear-End Collision?
A rear-end collision occurs when one car hits the rear of the car in front of it. The most common cause for a rear-end collision is following too closely or speeding. Every driver has a responsibility to keep a proper lookout ahead and to be able to stop suddenly without hitting the car in front of them.
Even in the rain, snow, and bad weather conditions, drivers are expected to adjust their driving habits to the conditions. If the road is slippery, people must drive slower and more carefully. The driver who rear-ends the car in front is usually negligent and responsible for the accident, but this can depend on which driver broke the rules of the road and whether that violation caused the accident.
Common Fact Patterns
Because Westchester is in the New York City metro area, there is usually a lot of traffic, congested roads, and people following too closely in stop-and-go traffic. Sudden traffic stops are expected to happen and are predictable and foreseeable. Many times, the rear driver might not expect the car in front to stop suddenly because that is not what they would do in that circumstance, but that is not an excuse. They are expected to know that sudden stops in traffic could happen at any time, whether in stop-and-go traffic or normal driving conditions. For that reason, the rules of the road require drivers to keep a safe distance between them and the car in front of them at all times. That includes being able to stop if the car ahead suddenly stops.
Comparative Negligence
New York is a comparative negligence state. The issue is causation. If both drivers break the rules of the road, it does not necessarily mean that there is comparative negligence on the driver who was rear-ended. For example, it is a violation of the vehicle and traffic laws to use a handheld device while operating a vehicle. A person might be stopped at a red light holding a cell phone to their ear in violation of that rule when they are rear-ended by the driver behind him. The driver using the cellphone did not cause the accident, so there would be no comparative negligence in that circumstance if the facts show there was nothing that they could have done to prevent the accident.
What to do After a Rear-End Collision
Gathering the facts is the most important thing in a Westchester collision case. Before talking to the other driver’s insurance company, it is important that the injured person:
- Files a police report immediately
- Gets medical treatment
- Retains an attorney
By doing those things, a victim’s Westchester rear-end collision lawyer can establish facts that the guilty party caused the accident and resulting injuries.
Contacting a Westchester Rear-End Collision Attorney
The insurance company begins working on the case immediately, and the injured person should do the same. The difference is the insurance company adjusters handle claims every day for a living. They are professionals who know exactly what they are doing. That is why it is so important for an injured person to hire a Westchester rear-end collision lawyer immediately. Any delay gives the insurance company an advantage.
If you were injured in a rear-end car accident, don’t let the insurance companies take advantage of you and give you less than a full and fair compensation. Contact Tomkiel & Tomkiel today for a consultation.
