Hundreds of thousands of rear-end collisions occur nationally each year. By some estimates, as many as one in three motor vehicle accidents happen in this way. Common causes of rear-end accidents include distracted driving, road rage or tailgating, driving too fast for weather or traffic conditions, and driving under the influence of drugs or alcohol. Serious injuries, such as broken bones and herniated discs, can result from rear-end collisions. People who have been involved in such a crash should contact an attorney to find out more about their legal rights as soon as possible. Rockland County car accident lawyer Valerie J. Crown is here to help people who have been hurt or have lost a loved one in a rear-end collision.Pursuing a New York Rear-End Collision Case
Holding a negligent driver liable in a New York rear-end collision case is a four-step process. The plaintiff must first prove that the defendant owed him or her a certain duty of care, such as the duty to keep a proper lookout or keep the vehicle under control. The plaintiff must then prove that the defendant breached that duty, that the plaintiff was harmed in some way, and that the breached duty was the proximate cause of the harm suffered by the plaintiff. In some cases, such as drunk driving accidents, a violation of a law or regulation may provide strong evidence supporting a breach of duty. Car accident cases are similar to other types of negligence cases in that the burden of proof rests on the plaintiff. Thus, it is important that a person injured in a rear-end collision seek legal counsel as soon as possible before valuable evidence becomes subject to decay or spoliation.
Rear-end collisions can sometimes lead to other forms of litigation, such as a product liability lawsuit if the plaintiff’s car was not as crashworthy as it should have been or even a claim for medical benefits through workers’ compensation if the plaintiff was on the job at the time of the crash. A rear-end collision can also exacerbate pre-existing injuries, which may lead to a dispute over the impact of the accident that may require expert medical testimony to resolve. Thus, a person who is injured in a rear-end collision in Rockland County or elsewhere in New York should be assertively represented by counsel at each step of the litigation process.
If liability is successfully proven, the plaintiff in a car or truck accident case may be entitled to monetary compensation for his or her past and future medical expenses, lost wages and loss of future earning capacity, pain and suffering, and other damages. If the person is married, his or her spouse may be able to make a claim for loss of consortium, due to the disruption of the marital relationship as a result of the accident.Ask a Rockland County Attorney About Your Legal Rights Following a Serious Crash
Getting started on your rear-end collision claim is as simple as contacting an attorney and scheduling a free consultation, but it is important that this first step be taken sooner rather than later. The statute of limitations governs the time for filing a claim for injuries or wrongful death in New York, and failing to make a claim in a timely fashion can result in the dismissal of your case. Additional deadlines may also play a role in some situations, as may the limitation period for giving formal notice to a governmental entity regarding a negligence claim. To speak to a helpful personal injury attorney, contact the Law Firm of Valerie J. Crown, Attorney at Law, P.C., at 845-708-5900 or online. You can also reach Valerie 24/7 through her cell phone at 845-598-8253. We handle many types of personal injury and wrongful death cases throughout the Greater New York area, including in Rockland, Westchester, Suffolk, Ulster, Dutchess, and Orange Counties.