Schenectady Rear-End Car Accident Lawyer
Rear-end car accidents aren’t just frustrating. They can cause severe, lasting harm that affects every area of your life.
If you were rear-ended by another driver in Schenectady, you may be struggling with painful injuries and financial uncertainty. Turn to Dalmata, Maloy, & Burke, LLP for guidance and support in holding the responsible driver accountable.
Contact our office 24/7 to get started with a free consultation with an experienced rear-end car accident lawyer.
What Is a Rear-End Car Accident?
A rear-end accident occurs when the front of one vehicle strikes the back of another, often because the rear driver was following too closely, speeding, or distracted. These collisions can cause serious injuries even at lower speeds, including whiplash, back injuries, concussions, and other lasting medical problems.
Are Rear-End Drivers Always At Fault in New York?
Courts and insurers don’t automatically assign fault to the rear driver. Still, striking another vehicle from behind does often suggest that the rear driver was following too closely or otherwise responsible for the accident.
That doesn’t mean the following driver is always the sole cause of a rear-end crash, though. For instance, the front driver may have contributed to the accident if there’s evidence that they:
- Reversed in traffic
- Changed lanes unsafely
- Stopped suddenly without reason
- Had defective brake lights
New York Laws That Apply to Rear-End Collisions
After a rear-end collision, you should be aware of the following New York laws:
- Following distance requirements – There’s a reason why rear drivers are typically presumed to be at fault. Under state law, all motorists have a duty to maintain a reasonable distance based on speed, traffic, and road conditions. Failure to do so could cause a rear-end collision.
- Modified comparative negligence – If both drivers share some responsibility for a rear-end collision, this fact could affect whether they can recover compensation, and if so, how much. New York’s comparative negligence law states that a victim’s financial recovery will be reduced by their percentage of fault – and that they aren’t entitled to anything if they’re more than 50 percent to blame.
- Insurance coverage – The available insurance coverage also affects a car accident victim’s financial recovery. New York requires vehicle owners to carry liability insurance and uninsured motorist coverage, but victims typically must start with their no-fault personal injury protection (PIP) coverage. PIP covers medical expenses and lost earnings regardless of fault, while liability coverage may pay for losses caused by an at-fault driver in serious injury cases.
What Should You Do After a Rear-End Accident in Schenectady?
Knowing what to do after a rear-end accident in NY can go a long way toward protecting your health and preserving your right to pursue financial recovery. Take the following steps:
- Call 911 to report the accident.
- Exchange information with the other driver.
- Take photos and videos at the accident scene.
- Avoid discussing fault or apologizing.
- Seek medical attention right away and follow the doctor’s treatment recommendations.
- Contact a rear-end collision lawyer in Schenectady, NY, to discuss your legal options.
Evidence That Can Help Prove Your Rear-End Accident Claim
When preparing a rear-end accident injury claim, strong evidence can help establish how the crash happened, identify the responsible driver, and document your resulting losses. Our rear-end car accident attorneys often utilize:
- The police accident report
- Photos of vehicle damage and the crash scene
- Dashcam, traffic camera, or surveillance footage
- Eyewitness statements
- Vehicle black box data
- Cell phone records showing possible distraction
- Medical records linking your injuries to the collision
- Repair estimates, income records, and other financial documents
Compensation Available After a Schenectady Rear-End Collision
Depending on the facts of your case, the compensation you may be entitled to after a rear-end accident in Schenectady includes:
- Past, ongoing, and anticipated future medical expenses
- Lost wages, including reduced future earning ability
- Physical and emotional pain and suffering
- Loss of enjoyment of life
- Damage to personal property
Why Hire a Schenectady Rear-End Car Accident Lawyer?
In the aftermath of a rear-end accident, you may be facing a number of difficult challenges all at once, from dealing with severe pain and receiving medical treatment to managing unexpected expenses and the general disruption of your routine. Trying to handle your own insurance claim on top of all this may feel like too much.
This is where a rear-end collision lawyer in Schenectady, NY, can make a difference in your life and outlook. An attorney from DMB Legal can take all the legal details off your plate so you can focus on healing. You can rest easy knowing these key procedures are in experienced and capable hands.
FAQs
Here are the answers to some of the questions we hear most often at DMB Legal from clients hurt in rear-end accidents.
Can I still recover compensation if I was partially at fault for a rear-end accident?
Yes, if you aren’t more than 50 percent responsible – although any financial recovery you receive will be reduced in proportion to your percentage of fault. An experienced car accident attorney can help you push back against unfair attempts to shift blame and reduce your compensation.
How much is my rear-end accident claim worth?
It depends on the specific circumstances of your case. Factors like the nature and severity of your injuries, their long-term impact on your life, your financial and personal losses, and whether you’re still able to work after the accident can all affect the value of your claim.
Should I talk to the other driver’s insurance company after a rear-end accident?
Avoid going into detail with the other driver’s insurance company. Just stick to the basic facts when discussing the accident. If possible, refer all communications to your attorney.
How long do rear-end accident claims take in New York?
Every personal injury claim is different. Relatively clear-cut cases may settle within a few months, while more complex or high-value cases could take up to a year or more, depending on whether they go to court.
DMB Legal: Helping Injured Victims After Rear-End Collisions in Schenectady
When you’re searching for a rear-end accident settlement lawyer near you, trust the respected legal team at DMB Legal to fight for the results you deserve. We’ve recovered millions for local accident victims and bring over 30 years of combined legal experience to every case.
Our firm is committed to providing direct, personalized service to every client – you’ll never feel like just another case number. As one satisfied client wrote of their experience with us:
“Big shout out to our lawyer at the firm, Dan Maloy. He has been my family’s attorney for a car accident (settlement obtained), handled both my selling and closing of our home (best and smoothest closings I have ever had), handled and won a settlement on a civil case against a school district and also is handling another case for us. He is the best! His communication, [his] professionalism is top notch. He and the DeLorenzo Law firm brought back my faith in lawyers. A HUGE KUDOS to Dan and the entire law firm. Definitely a diamond in a pile of coal. I will NEVER go to another law [firm] or lawyer. They are the best!” – Madison B.
DMB Legal is available 24/7, and we make a point of keeping the lines of communication open. Reach out right away to speak with a rear-end collision lawyer in Schenectady, NY.