Some of the most common types of car accidents are rear-end collisions. When people are stuck in bumper to bumper traffic, we see a lot of these accidents. The same is true at red lights and stop signs. Either someone slams on their brakes and the person behind them can’t stop in time. Or, we see people driving too fast and they just can’t safely come to a stop without hitting the car in front of them.
Another reason these accidents are so common is because of distracted driving. These days, people don’t think twice about texting and driving. Or they’re doing something other than paying attention to the road. Despite the statistics showing how dangerous distracted driving can be, people do it all the time. In fact, according to the CDC, on average, 9 people die every day in this country because of distracted driving. Another 1,000 people are hurt daily in the U.S. because of distractions.
Thankfully, for the most part, rear-end collisions aren’t all that serious. Most people are able to walk away from these sorts of crashes in Buffalo. However, there are times when they can be quite serious. On top of that, even in minor crashes, you may experience thousands in property damage. If this happens, you’re going to want to call an experienced car accident attorney in Buffalo, New York. Let them deal with the legal side of things while you focus on getting better.
The Rear Driver is Almost Always Deemed at Fault in a Rear-End Collision
The general rule when it comes to rear-end accidents in New York is that the rear driver is at fault. This makes sense. The rear driver is the one with the last possible chance of avoiding the collision. Of course, there are cases in which the front driver caused the accident. However, these are few and far between. In your rear-end car accident lawsuit, the other driver will have to show that you were at fault. The courts (and insurance company) will presume that the rear driver was at fault. However, that doesn’t mean your lawyer’s off the hook. They’ll still have to prove negligence.
How Does Your Buffalo Car Accident Lawyer Prove Negligence in New York?
Most personal injury cases in New York are based on negligence. Negligence is another way of saying that the other party didn’t do what they were supposed to do. As a result, you were injured or suffered property damage. In car accident cases, including rear-end collisions, your lawyer will need to prove negligence. In order to do this, they’ll have to demonstrate the following four (4) things:
- The other driver owed you a duty of care – This isn’t hard to prove. All drivers owe each other a certain duty of care. At a minimum, they need to follow all traffic laws. For example, if someone was texting and driving and didn’t see your brake lights, they’ve broken the law. It’s illegal to text and drive in New York.
- The breached this duty of care – As long as your Buffalo car accident lawyer can show that the defendant broke a traffic law, they’ll satisfy this requirement. Even if they didn’t break the law, you can still show they breached their duty of care.
- You were injured – You need to prove that you suffered some sort of injury. This includes physical injuries or property damage.
- Your injury was caused by the defendant’s breach – This will be easy to prove. As long as you can show a connection between the other driver’s behavior and your injuries, you’ll meet this threshold.
Contact an Experienced Car Accident Lawyer in Buffalo
If you or your loved one are injured in a rear-end accident in New York, call our office. Even if you aren’t physically injured, you may be entitled to damages. If your car is damaged or destroyed, the other driver may be responsible. Rather than risk getting nothing in damages, it’s a good idea to let a skilled accident lawyer handle the case for you. They’ll fight to get you as much money as possible. They’ll also negotiate with the defendant’s lawyer or insurance company to settle your case. That way, it doesn’t drag on for months or years longer than absolutely necessary.
Call our office today and set up your free initial consultation. We can even conduct your initial meeting by Skype or Zoom so you don’t have to come into the office. Let our team of expert accident attorneys fight to get you justice. And the good news is, you don’t pay a dime until you settle or resolve your case.