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NYC Rear-end Collision Attorney

Headshot of Jeremy Schiowitz
Written by Jeremy Schiowitz

Personal Injury Lawyer at Isaacson, Schiowitz & Korson, LLP.

Over 20 years of experience in Personal Injury.

Graduated from Brooklyn Law School: Juris Doctor, 2003.

Rear-end accidents are a frequent inconvenience in heavily congested urban areas. Around 29% of all car crashes involve a rear-end collision. These auto accident collisions are often the cause of neck pain, lower back pain, spinal injuries, and other wounds. Mainly, this is due to the impact of the force coming from the back of the victim’s vehicle. Your car accident can cause you to take time off from work, requiring full recovery before you can live a normal life again. If you suffered from a serious injury, you may be dealing with expensive medical bills. This unfortunate incident can be improved with the help of a New York City rear-end collision attorney. They are experienced in managing auto accident cases in New York City. Your car accident lawyer also understands what it takes to get maximum compensation to help you recover from pricey damages. Learn how personal injury attorneys can improve your chances of being fairly compensated. Make a phone call to Isaacson, Schiowitz & Korson, LLP now for a free consultation in New York City. 

Who is at fault in a rear-end collision in New York? 

In a rear-end collision, the second vehicle is legally assumed to be at fault. Rear-enders frequently happen when a car is following too closely, thus the rear vehicle must maintain a sufficient distance from the vehicle in front of it to safely stop. According to New York City law,  a rear-end collision is prima facie evidence that the driver of the second vehicle that struck the first was negligent. The driver of the first vehicle that was struck is typically not at fault. The New York Car and Traffic Law 1129 forbids car drivers from following too closely. The car that struck the first one typically gets issued a ticket. 

Reasons that the back driver may not be at fault include the following:

Mechanical Defects

When there is a manufacturer’s defect, the crash could have been caused by a mechanical problem. 

Road Hazards

If there was an emergency or something happened to force the second driver to accelerate, they may not be considered at fault.

Second Driver Was Cut Off

The first driver may be an aggressive driver. They can be at fault if the back driver was abruptly cut off by the front driver. 

Who is at fault in a rear-end collision in New York? 

When should you get a lawyer for a car accident in New York? 

It is important to consult with a qualified car accident lawyer as soon as you were rear-ended. This is because you have two years to bring a claim if you’re suing the state of New York. The statute of limitations may be one year or less if you are suing a municipality or the government. 

After you experienced a serious injury, you should get medical help. Your doctor will let you know what all of your car accident injuries are. When you are aware of all of your injuries and what is required for you to recover, then you can share this information with your attorney. Your medical bills, pain, suffering, lost income, and property damage will be used to calculate your settlement. 

Can you sue for a car accident in NY? 

You can sue for your car accident damages, but most likely, your attorney will seek a settlement first. In New York, you generally have three years from an automobile accident before you are no longer able to sue anymore. 

How long does it take to settle a car accident claim in New York? 

After a claim is filed, car insurance companies in New York have 35 business days to resolve it. Additionally, there are deadlines that New York car insurance companies must adhere to before they may acknowledge your personal injury claim. Insurance companies must decide whether or not to pay out the whole compensation amount. 

Timeline For Car Accident Insurance Claims

Your settlement claim will be reviewed, investigated, and negotiated. Insurance companies follow a strict step-by-step process before making a final decision. NYC car insurance companies must meet the following deadlines according to state laws. 

First Deadline

Within the first 15 business days, the insurance company must acknowledge the claim and deliver the policyholder the necessary paperwork. This includes proof-of-loss documents, which act as a policyholder’s sworn testimony about the extent of the harm or injuries.

Second Deadline

After obtaining the completed proof-of-loss papers, the claim will be decided upon after 15 business days.

Third Deadline 

If the claim is accepted, the final payment will be made in five business days.

Causes of Rear-End Collision 

Your rear-end collision could have been caused by any of the following reasons:

Causes of Rear-End Collision 

Distracted Driving 

Any action that takes your attention away from driving and puts you at risk of a car accident is considered distracted driving. The other driver may have been chatting on the phone, sending texts, engaging with passengers, using the GPS navigation system, eating, drinking, self-grooming, and other activities are considered to be forms of distracted driving. The other driver may not have noticed you stopped ahead of them. When they take their eyes off the road, this can cause a crash because they didn’t stop in time. 


About one-third of all fatal car accidents have involved speeding. Speeding drivers not only have less time to stop before crashing into an obstacle, but it also takes them a longer distance to stop. 

Not Maintaining A Safe Distance

The majority of car accidents are caused by rear-end collisions.  They happen when drivers do not have enough time to recognize stopped traffic. A driver following the car ahead of them too closely will be unable to react in time because they don’t have a safe distance. If someone slows in front of you, you need to increase your following distance to give you more time to respond.

Poor Road Conditions

Poorly maintained roads are a major contributor to accidents. In a rear-end collision, a driver will make an effort to avoid a certain circumstance, such as a pothole or a puddle, which can cause a bad accident.

Mechanical Issues

Mechanical defects can also be the reason a rear-end collision happened. When a car fails due to a mechanical issue, this doesn’t allow the driver to control the vehicle. For example, the brakes can suddenly fail, forcing a driver to hit the car ahead of them. 

Common Rear-End Collision Injuries 

Rear-end collisions can often cause stiffness, headaches, and neck discomfort. Your upper body is the most affected after your car is hit from behind. This is because your head and spine are suddenly pulled forward and backward during the crash. The most common rear-end collisions include the following medical conditions: 

Spinal Cord Injuries

A spinal injury can cause slipped discs, herniated discs, and pinched nerves. In the worst cases, your spinal cord can be severed. These injuries can result in chronic, life-altering agony. Spinal injuries that cause numbness, weakness, and even paralysis. 

Whiplash And Neck Injuries 

 Rear-end car accidents frequently result in whiplash. Whiplash is a neck injury brought on by the neck moving quickly back and forth, much like a whip. 

Back Injuries 

You can suffer from muscle sprain and strain after getting hit. This can cause chronic back pain and soreness. 

Seat Belt Injuries

When a person’s torso is restrained by a seat belt or airbag during a rear-end crash, rib fractures can also occur.

Broken Bones Or Fractures 

When you brace yourself for impact with your hands and arms, you can break the bones in your arms, wrists, and hands. You can also experience fractures or broken bones in your feet and legs also. 

Traumatic Brain Injury 

An abrupt hit or jolt to the head or body is the most common cause of traumatic brain injury. You can suffer from hemorrhaging, hematomas, concussions, and other injuries. 

Soft Tissue Injuries

The soft tissues in a person’s neck and back, particularly the spinal discs that protect the vertebrae, can also be hurt in rear-end crashes. These injuries may not be noticed at first, and slowly show up after a few days or weeks. 

NYC Statute of Limitations 

The typical statute of limitations for personal injury lawsuits in New York is three years. A “suit to recover damages for a personal injury” must be “commenced” within three years, according to New York Civil Practice Law & Rules section 214

How Our Attorneys Can Help You

Your rear-end collision attorney can make sure that you are compensated fairly for damages. They perform the following tasks:

An Initial Consultation

When you meet with an attorney, they will review your case and identify who can be held liable for your injuries. Because our law firm has experience managing rear-end collision cases, we understand ways in which we can prove that the other party is at fault. If you were partially at fault, we will let you know the percentage of damages you can still receive in compensation. 


Our rear-end collision attorneys can launch an investigation to find the evidence necessary to prove how the other party is liable for your injuries. We use photographic evidence from the scene of the crash, police reports, driving records, traffic camera footage, laboratory tests, subpoenaed records, eyewitness testimonies, and many other forms of information. This data is then used to explain how the other driver caused your rear-end collision. 

Estimation Of Damages

Without an attorney, you won’t know how much you should receive in personal injury damages. Most claimants may under or overestimate their settlement amount, preventing them from receiving fair compensation. We accurately estimate medical bills, pain and suffering damages, property damage, and lost wages. 


When all the information is ready, we draft documents and reach out to all involved parties. We negotiate a fair settlement based on your terms. 


If the other party refuses to settle, we will file a claim for you in court. We will represent you to the judge and jury and show how you are not at fault for your injuries. 

Speak To A NYC Rear-End Collision Attorney Today

Working with a rear-end collision attorney will help you get fair compensation. You only have to pay us once we’ve one your settlement because we only work on a contingency fee basis. Contact Isaacson, Schiowitz & Korson, LLP today to schedule a free consultation.