Perhaps the most common example of car accidents that result in injuries where another party is to blame are rear-end collisions. In these scenarios, your vehicle absorbs impact from behind and can impart significant force onto your back, shoulders, and neck.
However, just because another driver hits you from behind does not automatically mean that the other driver is to blame. The law always requires you to prove that the other driver’s recklessness or negligence was the cause of the collision. In addition, you must demonstrate how the event has changed every part of your life if you want to collect full compensation.
Speaking with a skilled car accident attorney could help you better understand your legal rights after a rear-end car accident in Smithtown. A lawyer could take the lead in performing a full investigation into the incident, and demanding that at-fault drivers and their insurance companies provide full compensation to cover your losses.
Proving Fault After a Rear-End Collision
Drivers who suffer injuries after a car accident must always prove that another driver was to blame for the incident that resulted in their losses. This is even true in seemingly straightforward incidents such as rear-end collisions in Smithtown. The driver who was behind an injured individual might claim that a person in front came to a sudden stop or did not have working brake lights.
Proving that a trailing driver was solely to blame for the incident is central to any lawsuit. An attorney could gather a collection of evidence that includes:
Accident reconstruction reports
Using this data, they could build a case that alleges negligence on the part of a trailing motorist.
Forms of Compensation Available
A central concept in any car accident case is the idea that an at-fault driver and their insurance company are responsible for covering all an injured individual’s losses. The injured person must demonstrate the extent of their losses, which is another way in which an attorney might be able to help.
Rear-end car accident cases revolve around the resulting physical injuries. These typically include shoulder, neck, and back or spinal cord injuries, which might require a single trip to the ER or lead to long-term care. In addition, plaintiffs must show how the event has affected other parts of their lives, including reductions in quality of life due to emotional distress, PTSD, or hesitancy to get back in a car. Finally, if a person misses time at work to make a recovery, they can submit a demand for wage reimbursement.
As complex as rear-end car accident cases in Smithtown can be, there is a limited time following a crash to demand compensation. New York Civil Practice Law & Rules § 214 creates a time limit of three years after the collision to file a lawsuit. This applies equally to cases seeking payment through a settlement or situations where a lawsuit in a local courthouse is necessary.
Discuss Rear-End Car Accidents with a Smithtown Attorney
Any driver who is at fault for a car accident must provide full compensation to all affected parties. Rear-end collisions are a clear example of this concept. Drivers who hit a car in front of them are almost always to blame for the incident but the burden falls to you to demonstrate these concepts. Defendant drivers and their insurance companies may deny liability or even try to shift blame onto you.
Reach out to an attorney today to discover more about your legal rights following a rear-end car accident in Smithtown. They could help you to determine if you are entitled to compensation and seek out fair payments to cover your losses.