Rear-end crashes are relatively common on New York roads and highways. People may not consider them as serious as other types of wrecks. They may also make assumptions about who is at fault for the collision.
Most people automatically assume that the driver in the rear vehicle caused a rear-end crash. While that is frequently an accurate assumption, there are circumstances in which a front vehicle’s driver might actually be at fault for a rear-end crash.
What does the law say?
New York state laws impose a presumption that the driver in the rear vehicle is likely at fault due to a failure to maintain a reasonable following distance in traffic. However, the law clarifies that the presumption of fault is rebuttable.
In other words, the driver of the rear vehicle or a lawyer representing them can counter that presumption by showing that the driver in the front vehicle did something unsafe or illegal. Maintenance issues resulting in turn signals or brake lights not illuminating could cause a rear-end collision. A driver turning or merging too close in front of approaching traffic could also cause a rear-end crash.
Either the front or rear driver could potentially be at fault. A party who did not cause a crash can typically request compensation from the driver who did. They may have expenses caused by property damage and injury-related costs to address. Reviewing a crash report and the costs triggered by a wreck with a skilled legal team may help motorists determine if they can file an insurance claim or possibly a personal injury lawsuit after a rear-end crash.