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2.1 Million Motor Vehicle Accident
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$2.1 Million Motor Vehicle Settlement
Settled prior to depositions. After a delivery truck driver fled the scene, our investigation identified the responsible parties. Our client underwent shoulder, wrist, and neck fusion surgery, and the case settled for $2.1 million.
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1.7 Million Commercial Auto Accident
Record-Setting
Suffolk County Rear-End Car Accident Attorney
Fighting For Rear-End Car Accident Victims Throughout Suffolk County
Rear-end car accidents can result in serious injuries and property damage. If you or a loved one was injured in an accident on the Southern State Parkway, the Long Island Expressway, or any Suffolk County roadway, you deserve quality legal representation.
The Law Office of Seni Popat, P.C. has over 15 years of experience helping clients pursue the compensation they need to pay for medical bills, repairs, and recovery costs. Our team is proud to serve clients throughout Suffolk County.
Call the Law Office of Seni Popat, P.C. today at (631) 303-3844 or contact us online to schedule a consultation with our rear-end accident attorney in Suffolk County.
Common Causes of Rear-End Accidents in Suffolk County
Suffolk County's mix of high-speed parkways and congested commercial corridors creates conditions ripe for rear-end collisions. Some of the most frequent causes include:
- Distracted Driving: Drivers who are texting, talking on the phone, eating, or otherwise distracted are more likely to cause rear-end collisions. Distractions pull the driver's attention from the road, reducing their reaction time.
- Speeding: Driving above the speed limit or too fast for conditions can make it difficult for a driver to stop in time to avoid a collision, especially on high-speed stretches like the Long Island Expressway.
- Tailgating: Following too closely behind another vehicle reduces the time a driver has to react if the car in front suddenly stops.
- Sudden Stops: Sometimes the driver in front may need to stop suddenly due to traffic conditions, pedestrians, or other obstacles. A rear-end collision can happen if the driver behind is not paying attention or following too closely.
- Weather Conditions: Rain, snow, or fog can decrease visibility and traction, making it harder to stop quickly.
- Driving Under the Influence: Alcohol and drugs greatly impair a driver's judgment, reaction times, and coordination, seriously increasing the likelihood of a rear-end collision.
Common Injuries in Rear-End Car Accidents
Even low-speed rear-end accidents can cause serious injuries. Common injuries include:
- Whiplash: The rapid back-and-forth motion of the head during impact can strain the neck muscles and ligaments, leading to chronic pain and stiffness.
- Back and Spinal Injuries: Herniated discs, fractures, and spinal cord damage can occur, sometimes leading to long-term disability and requiring fusion surgery.
- Head and Brain Injuries: The impact of a rear-end crash can cause concussions or traumatic brain injuries (TBI), leading to cognitive issues and persistent headaches.
- Shoulder Injuries: The force of impact can throw an occupant into the steering wheel, door, or headrest, causing rotator cuff and labral tears that often require surgical repair.
- Broken Bones: The force of impact could result in fractures to the arms, legs, ribs, and other bones.
- Soft Tissue Injuries: Muscle strains, ligament tears, and bruising are common and can cause ongoing pain and limited mobility.
Suffolk County Rear-End Collision Result
Our firm represented a 51-year-old man who was traveling on the Southern State Parkway in Islip when he slowed for traffic, came to a complete stop, and was struck from behind. The force of the impact threw him forward and back into the steering wheel and headrest. He ultimately required both neck and back fusion surgery as well as shoulder surgery. We moved for summary judgment on liability; the defendant opposed, but we prevailed. The case settled for $1.2 million.
How to Determine Fault in a Rear-End Car Accident
To illustrate who would be at fault in a rear-end accident, let's look at this example: Driver A is driving along a busy road when they realize there is a stop sign ahead and slam on the brakes. Upon coming to a screeching halt, they quickly feel the impact of Driver B colliding with their rear bumper and causing damage to the car. In this situation, who is at fault?
In New York and other states, rear-end accidents are usually the fault of the person who rear-ends the other driver. Accidents like these are attributed to negligence, or failure to follow the rules of the road and/or a duty of care. In most cases, the driver of the car that hits the leading vehicle is held responsible for the accident. However, in some cases, the driver in front may reverse or stop suddenly, causing an accident. Whether a driver is held responsible for their actions depends on their ability to prove that they are not at fault.
How to Prove Fault in a Suffolk County Rear-End Collision
To prove negligence, you must have evidence that a duty of care exists and that duty of care was broken. In driving situations, some examples of duty of care are following the speed limit and adhering to stoplights. If a driver fails to abide by these rules and their recklessness causes an accident, they may be negligent.
Other negligent behaviors include:
- Not looking for hazards
- Failure to stop within a reasonable amount of time
- Losing control of the vehicle
- Not yielding to the right of way
- Following too closely to the leading vehicle
- Turning or merging without signaling
Once you prove that the other driver broke the rules, you must show that the accident resulted in actual damages like bodily injury, property damage, or damage to your vehicle. If the accident didn't result in any harm or damage, it may be difficult to pursue compensation.
What Damages Could Be Recovered in a Rear-End Accident Claim?
Potentially recoverable damages include:
- Medical Expenses: Compensation for emergency room visits, surgeries, medication, physical therapy, and any future medical care required because of the injury.
- Lost Wages: If the accident has caused you to miss work, you may be entitled to compensation for lost income, including future earnings if your ability to work is impacted long-term.
- Pain and Suffering: Non-economic damages for physical pain, emotional despair, and mental anguish resulting from the accident, including loss of enjoyment of life.
- Property Damage: Reimbursement for restoring or replacing your vehicle and any other personal property damaged in the accident.
- Loss of Consortium: If the accident has adversely influenced your relationship with your spouse, you could be qualified for damages for loss of consortium.
- Punitive Damages: In instances where the at-fault driver's conduct was particularly egregious, punitive damages could be granted.
How to Deal With Insurance Companies
If you are injured in a car accident in New York, you must file a claim under your personal injury protection plan, even if the accident was not your fault. This insurance covers medical expenses, economic losses, and funeral costs.
Most insurance providers do not offer protection for non-monetary damages like pain and suffering, but you can file a lawsuit against the at-fault driver to collect the compensation you deserve. Never attempt to file a lawsuit without the help of a qualified attorney — attorneys have the experience and resources needed to investigate and advocate on your behalf.
Frequently Asked Questions
What should I do after a rear-end car accident?
Ensure you are safe and call 911 to report the accident. Seek medical attention, even if your injuries seem minor. Take photos of the scene, vehicle damage, and your injuries. Collect information from the other driver and any witnesses. Then contact an experienced car accident attorney to guide you through the claims process and protect your rights.
Who is usually at fault in a rear-end car accident?
In most rear-end accidents, the driver who hits the vehicle in front is considered at fault, based on the assumption that they were following too closely or failed to react in time. However, there are exceptions, such as when the front driver stops suddenly or reverses unexpectedly.
What if I was partially at fault for the rear-end accident?
New York follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault. Your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%.
How is fault determined in a rear-end car accident?
Fault is typically determined by examining the circumstances of the accident, such as whether the rear driver was speeding, tailgating, distracted, or otherwise negligent. Evidence like police reports, witness statements, and traffic camera footage can be used to establish fault.
How long do I have to file a claim after a rear-end car accident?
In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. It is important to act quickly to ensure evidence is preserved and to avoid missing the deadline.
Contact Our Rear-End Car Accident Attorney in Suffolk County Today
The Law Office of Seni Popat, P.C. understands how terrifying rear-end car accidents can be. Despite following the rules of the road, another driver made a reckless choice that led to your accident. Proving negligence is complicated, but obtaining the compensation you deserve is possible with the right legal team on your side.
Schedule your free case consultation today with our Suffolk County rear-end car accident lawyer. Call (631) 303-3844.
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