- In New York, the following driver is presumed to be at fault in rear-end collisions. However, following drivers have the legal right to rebut that presumption if possible.
- New York is a no-fault insurance state, meaning auto accident victims must first turn to their personal injury protection (PIP) coverage to secure compensation.
- If they suffer a “serious injury” or “basic economic loss” exceeding $50,000, accident victims can file a personal injury claim or lawsuit against an at-fault driver to secure further compensation.
Rear end crashes are very common, often occurring due to texting and driving, drunk driving, speeding, failure to brake on time, poor brake maintenance, and other factors. But who’s at fault in a rear end collision? It’s a myth that the following driver is always the driver at fault. Though they often are responsible, determining fault always requires a close look at the facts of each case.
That’s where the auto accident attorneys at Chopra & Nocerino step up to the plate. Our full-service personal injury law firm in Garden City has the resources and experience to handle your rear end collision case from start to finish. Call (855) NYC-HURT or reach out online to learn about your legal rights and options in a free consultation.
Presumption of Fault in Rear End Collisions in New York
In New York City, 9.7 percent of all traffic collisions were rear end crashes in the fourth quarter of 2023. Folks often assume rear drivers are always at fault in these accidents. However, that is not always the case.
General Rule: Rear Drivers Are To Blame
So, who is at fault when a driver is rear ended? In New York, tailgating is prohibited. Specifically, the governing statute provides as follows:
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
The law also presumes that the following driver in a rear end collision caused the accident. However, this is a “rebuttable presumption,” meaning rear end drivers have a legal right to disprove the presumption if possible.
When Is a Rear End Collision Not Your Fault? Exceptions to the Presumption.
While many people assume the rear driver is always at fault, the reality is that the leading driver may be partially or completely at fault for a rear end crash. For instance, if a leading driver suddenly slams on their brakes to “brake check” the rear driver, they may be at fault.
Other common reasons why the following driver may not be liable for a rear-end car accident include mechanical issues in either vehicle and road defects that cause one of the drivers to lose control.
Rear drivers often argue the lead driver “stopped short.” New York courts usually reject this on its own, because drivers are required to keep a safe following distance and anticipate stops in traffic. A related argument, the emergency doctrine, can excuse a driver who faces a sudden, unforeseen situation, but courts rarely apply it to ordinary rear-end crashes, and never when the rear driver helped create the emergency by following too closely. To shift fault to the lead driver, you generally need a specific non-negligent explanation, such as the lead driver reversing or having broken brake lights.
It’s imperative to have skilled legal advocacy and strong evidence on your side. Dash cams, photographs, and witness statements can make a significant difference in the outcome of your case. Our all-star legal team at Chopra & Nocerino can investigate your case and help build a strong car accident claim on your behalf.
Can You Still Recover if You’re Partly at Fault?
Yes. New York follows a pure comparative negligence rule under CPLR §1411. Even if you share some of the blame for a rear-end crash, you can still recover compensation — your award is simply reduced by your percentage of fault.
For example, if your damages total $100,000 and you are found 30 percent at fault, you can still recover $70,000. Unlike many states, New York does not cut off recovery at 50 percent, so partial fault does not bar your claim.
Because the at-fault driver’s insurer will try to assign you as much fault as possible to lower the payout, strong evidence and skilled representation matter. Our team can push back on inflated fault arguments and protect the value of your claim.
New York's No-Fault System
In New York, all drivers are required to carry personal injury protection (PIP) insurance. According to the New York Department of Financial Services, this coverage pays for “economic losses . . . up to $50,000 per person, to the driver and all passengers injured in your car as well as any pedestrians injured by your car.” PIP coverage applies regardless of fault.
New York’s no-fault insurance system is intended to provide efficient and timely compensation for injuries resulting from car accidents while minimizing the need for litigation. However, it’s essential for drivers to understand their coverage limits and exceptions within the system to ensure they have adequate protection in the event of an accident.
Proving Economic Loss and Serious Injury in a New York Rear End Car Accident Lawsuit
Again, the no-fault system is designed to ensure swift compensation without the need to file a lawsuit. However, there are two ways to step out of the no-fault insurance system in New York:
- Sustain over $50,000 in “basic economic losses”
- Sustain a “serious injury”
If you satisfy either of these requirements, you can file a claim against the at-fault driver’s auto liability insurance, as well as a personal injury lawsuit. Minimum auto liability coverage amounts in New York are:
- $10,000 for property damage for a single accident
- $25,000 for bodily injury for one person involved in an accident ($50,000 if they die)
- $50,000 for bodily injury for two or more people in an accident ($100,000 if they die)
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Do You Need Legal Representation for a Rear End Car Accident?
Strictly speaking, you are not required to secure legal representation. Practically speaking, however, having high-quality legal representation makes a huge difference when fighting for fair compensation. This is especially true if you were the following driver in a rear end accident, since you will be presumed to be at fault.
At Chopra & Nocerino, we can help you by conducting a thorough, independent investigation of your accident, analyzing the facts and evidence, evaluating all potentially liable parties, and negotiating a settlement on your behalf. If the at-fault driver and their insurers refuse to offer a fair settlement, we’re ready to step up to the plate and take your case to court.
It's Time To Call New York Accident Attorneys at Chopra & Nocerino
Chopra & Nocerino is here to deliver the excellent legal representation you deserve regardless of which car you were driving in a rear-end accident. Our attorneys have a history of securing high-value verdicts and settlements for our clients. You can count on us to fight for every penny you are entitled to by law.
Call (855) NYC-HURT or reach out online to schedule your free consultation. Para servir mejor a todos los miembros de nuestra comunidad, ofrecemos servicios en español.
