Car Crash Lawyer Serving New York City and Beyond
Rear-end collisions are a common type of motor vehicle accident, and they can unfortunately result in serious injuries or a tragic death. People who need legal representation in this difficult situation can rely on New York City rear-end accident attorney Nicholas Rose to fight for their rights. As an experienced car crash lawyer, Mr. Rose has advocated on behalf of motor vehicle collision victims for over a decade, securing millions of dollars in verdicts and settlements.

Establishing Liability after a Rear-End Accident
When they are behind the wheel, all drivers must follow traffic laws and maintain control of their vehicle. A rear-end collision often results when one driver follows another vehicle more closely than is reasonable and safe. If the failure to maintain a safe distance contributed to the collision, that driver may be at fault, and a negligence claim may be appropriate.

Negligence refers to a failure to use reasonable care. If a driver is following too closely, this may be seen as reckless or careless conduct. For the victim to show that the other driver was negligent, he or she must prove the elements of duty, breach, causation, and damages.

All drivers are expected to use reasonable care in operating their vehicle at a safe speed and distance from others on the road, thereby avoiding foreseeable risks of harm. It is prudent to maintain a safe stopping distance because vehicles sometimes need to stop suddenly and unexpectedly. A driver following too closely thus likely has breached the duty of care.

To show causation in a negligence lawsuit, the plaintiff must show that “but for” the defendant driver’s conduct, the collision would not have taken place. In certain cases, the plaintiff may be deemed partially at fault as well. Under the comparative negligence doctrine, however, the plaintiff’s recovery will not be barred. Damages would only be reduced in proportion to the plaintiff’s fault.

Finally, the plaintiff must show quantifiable damages that resulted from the accident. These may include compensation for both economic and noneconomic harm. A plaintiff may often recover damages for lost wages, the cost of medical treatment, and property damage to a vehicle, as well as long-term costs such as physical therapy and rehabilitation. Noneconomic types of harm may include pain and suffering or loss of enjoyment of life.

Personal injury lawsuits must be filed within the New York statute of limitations. For most negligence claims, this deadline is three years from the date of the accident, unless an exception applies. Moreover, it is advisable to take action as soon as possible after you have been hurt so that an attorney can start investigating your claim.

Contact a Rear-End Accident Attorney in New York City
New York City rear-end accident lawyer Nicholas Rose provides legal guidance and representation to victims and their families. If you or a loved one has been struck by a careless driver, contact us online or call 877-313-ROSE (7673) for a free, no-obligation consultation with a motor vehicle collision attorney. Mr. Rose serves injured individuals throughout the Bronx, Staten Island, Manhattan, Brooklyn, and Queens, as well as in Nassau, Suffolk, and Westchester Counties.