New York Rear End Accident Lawyer

The sudden jolt. Screeching tires. Shattered glass. Your life changed in seconds when another driver rear ended your vehicle. Now you’re facing mounting medical bills, missed workdays, and constant pain that makes even simple tasks unbearable. This wasn’t your fault, yet you’re the one suffering the consequences.

You deserve better than insurance companies minimizing your injuries or pressuring you into inadequate settlements. Rear-end collisions are a common type of car accident, accounting for nearly 30% of all New York’s traffic accidents on congested streets from Brooklyn to Manhattan. Your case requires specific expertise.

Without proper legal representation, you risk accepting less than you deserve or missing critical filing deadlines under New York's statute of limitations. Every day without action potentially weakens your claim.

Our rear end accident lawyers have recovered over $900 Million for New York City accident victims during our 30+ years serving this community. Named a "Best Law Firm in New York City" by Best Lawyers®, we understand the unique challenges of rear-end collision cases in New York.

Next Step: Contact us at 212-268-3222 for a free consultation.. We handle everything while you focus on healing. No Fee Unless We Win.

When Should You Hire A Rear-End Collision Attorney at Raphaelson & Levine?

From a legal standpoint, getting prompt help from our firm can make a significant difference.

Hiring an experienced rear end accident lawyer matters if you have medical bills, if fault is questioned, or if the other driver lacks insurance.

Time is critical; evidence disappears and witness memories fade quickly. There are also important deadlines, including how long after a rear-end accident you can claim injury by filing a lawsuit or applying for No-Fault benefits.

Hiring our team early allows us to quickly investigate and gather crucial evidence. We deal directly with insurance companies, accurately value your full losses, and fight to maximize your compensation.

Handling your case alone risks lowball offers and missing deadlines. We protect your rights and ensure you don't make costly mistakes.

What Is My New York Rear-End Accident Case Worth?

The value of your case depends on several factors: injury severity, long-term impact on your life, degree of liability, and specifics of the no-fault insurance system.

Compensation may include:

• Economic damages (medical expenses, lost wages, property damage)
• Non-economic damages (pain and suffering, emotional distress)
• In rare cases, punitive damages

New York's "No Fault" System

New York is a no fault state, which impacts your case value. Your initial medical bills and lost wages are typically paid by no-fault insurance, regardless of who was rear ended or the offending vehicle.

However, to seek compensation for pain and suffering, your injury must meet New York's "serious injury threshold" defined in Insurance Law §5102(d). This includes:

• Death
• Dismemberment (loss of limb or body part)
• Significant disfigurement
• Fracture (any broken bone)
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• Medically determined injury or impairment that prevents normal activities for at least 90 of the 180 days following the accident

Our attorneys understand how rear end accidents happen. We precisely document what injuries the accident caused, victim medical expenses and any required surgery.

Common Injuries In New York Rear-End Accidents

After being struck by another vehicle, you may not immediately recognize the full extent of your injuries. We regularly see clients whose symptoms or significant limitations developed or worsened days—sometimes weeks—after their crash.

Physical Injuries

In our experience, rear-end accidents frequently cause these injuries:

• Whiplash and neck trauma – When impact occurs, your head may snap forward then backward, damaging neck tissues
• Traumatic brain injury (TBI) – From mild concussions to severe trauma requiring long-term care
• Spinal cord damage – Including bulging or herniated discs that can lead to chronic pain or paralysis
• Fractures, knee injuries, and broken bones – Particularly in high-speed collisions
• Soft tissue injuries – Tears, strains, and sprains that may not appear on standard x-rays
• Internal injuries – Often caused by seat belt pressure
• Facial trauma – From airbag deployment or steering wheel contact
• Psychological effects – Including PTSD and anxiety following trauma

Long-Term Consequences Many Victims Face

What might seem like minor discomfort initially can develop into chronic conditions affecting your quality of life for years. Our rear end accident lawyers have helped clients who experienced:

• Persistent neck and back pain requiring ongoing treatment
• Reduced mobility and physical limitations affecting daily activities
• Lost wages from inability to work
• Need for extensive rehabilitation or physical therapy
• Cognitive difficulties from head injuries
• Emotional distress and psychological trauma

The Importance of Immediate Medical Attention

After a rear-end collision, seeking prompt medical evaluation is crucial—even if you feel "fine." Medical documentation establishes the connection between the crash and your injuries, which proves invaluable when seeking compensation from the negligent driver under New York law.

Determining Fault In Rear-End Collisions

Rear-end crashes typically occur when drivers fail to maintain a safe distance. While cell phone use, texting, and other types of distracted driving remains the leading cause, other factors often contribute.

The Presumption of Fault in New York

In many rear-end cases, the law presumes the driver of the striking vehicle bears responsibility. At Raphaelson & Levine, we've seen how this presumption can streamline many claims—but establishing who should be held accountable isn't always straightforward.

“The driver who hits another vehicle from behind is typically considered at fault, but there are important exceptions that could affect your case.” - Howard Raphaelson, Esq.

When the Lead Vehicle May Share Responsibility

There are situations where you (the driver in front) may be found partially responsible:

• Sudden lane change without proper signaling
• Brake-checking or aggressive driving that deliberately provokes following vehicles
• Operating with broken brake lights
• Unexpectedly stopping in traffic without cause
• Intoxicated driving, impairing reaction time and decision-making

Our Approach to Proving Fault

After a rear end collision in New York, insurance adjusters aren’t on your side. Their goal is to pay as little as possible.

At Raphaelson & Levine, we take on that burden for you. A skilled rear end car accident lawyer will handle the legal process and fight to maximize your compensation.

Here's what a personal injury attorney will do:

• Investigate the accident scene and gather evidence
• Interview witnesses while memories are fresh
• Help you navigate New York's No-Fault insurance system
• Work with medical experts to understand your injuries and future needs
• Calculate your claim's full value
• Handle all communication with the at-fault party's insurance company
• Take your case to court if necessary

Our understanding of New York law and local court systems levels the playing field against insurance companies.

How New York's Comparative Negligence Rule Affects Your Recovery

New York follows a "pure comparative negligence" system, which may impact your compensation. Under this rule, your recovery might be reduced by your percentage of fault, if any is assigned to you.

For example, if your damages total $100,000 but you're found 20% responsible, your compensation would be reduced to $80,000.

Our personal injury attorneys work to minimize any fault attributed to you while maximizing your potential recovery. We examine insurance coverage limits and explore all possible avenues for compensation.

Have questions about fault in your rear-end collision case? Contact us today for a free case review with our experienced team.

We Handle All Types Of Rear End Collision Accident Cases

We've spent decades helping New Yorkers recover from all types of rear-end collisions. Whether you were hit on a Manhattan avenue or a quiet neighborhood street in Queens, we have the knowledge to build a compelling case against the offending driver.

At Raphaelson & Levine, we’ve spent decades helping New Yorkers recover from from the most common types of rear-end collisions, to complex multi-vehicle crashes, and more.

Whether you were struck on a bustling Manhattan avenue or a quiet neighborhood street, our experienced personal injury attorneys have the knowledge and resources to build a compelling case against the offending driver and any other at fault party.

We've resolved thousands of favorable settlements involving:

• Highway Accidents – Impacts on the BQE, Cross Bronx Expressway, or Long Island Expressway
• Intersection Collisions – Accidents caused by drivers failing to stop at red light or yellow light traffic signals
• Parking Lot Incidents – Impacts at low speeds can still cause significant injury
• Stop-and-Go Traffic Crashes – Common during rush hour

Our experience spans various vehicle combinations:

• Car-to-car collisions (the most common type of rear end crash we see)
• Commercial truck and company vehicle rear-end accidents
• Motorcycle riders struck from behind
• Rideshare vehicles (Uber/Lyft) with complex liability issues
• Delivery van accidents with potential employer liability
• Intoxicated driving cases where alcohol or drugs impaired a driver’s judgment

Handling Complex Multi-Vehicle Cases

When multiple vehicles are involved in a chain-reaction car accident, determining liability becomes challenging. We employ specialized investigation techniques to identify every responsible party.

In one case on the FDR Drive during a rainstorm, our client was the third vehicle in a mulit-vehicle collision. We reconstructed the car accident sequence and established that two different drivers shared responsibility. Despite initial pushback from both insurance companies, we secured maximum compensation for our client.

Our Approach To Motor Vehicle Accident Cases

No two rear-end collision cases are identical. 

What sets our legal approach apart is our ability to:

• Anticipate defense strategies typically employed by insurance companies
• Build personalized legal strategies for your unique circumstances
• Work with medical experts who understand specific injuries common to your type of collision

Have you been injured in a rear-end car accident? A rear end accident lawyer is ready to evaluate your case and fight for the justice you deserve. The consultation is free, and you pay nothing unless we win.

Clients Also Ask: Rear-End Accident FAQs

What Should I Do Immediately After A Rear-End Accident In New York?

After a rear-end crash, first ensure everyone is safe by moving vehicles if possible, check for injuries, call police and paramedics, exchange information with the other driver, and get medical help right away even if you feel okay initially. If possible, take pictures and document your injuries.

Learn more: I got rear ended, what do I do?

How Long Do I Have To File A Rear-End Accident Lawsuit In New York?

You must file a personal injury lawsuit within three years from the exact date of the crash, per New York Civil Practice Law and Rules Section 214. If your lawsuit isn't filed within this period, you'll likely lose your right to sue. Exceptions may apply for minors, collisions with out-of-state drivers, and wrongful death claims.

Learn more: How Long After Car Accident Can You Claim Injury?

Can I Still Recover Damages If I Was Partially At Fault For The Rear-End Car Accident?

Yes. Under New York's pure comparative negligence system, you can recover compensation even if you were partly responsible, though your recovery will be reduced by your percentage of fault. For example, if you were 30% at fault, you would receive 70% of your damages.

What If The At-Fault Driver In My Rear-End Collision Was Uninsured?

If the at fault driver was uninsured, you can often seek recovery through your own policy's uninsured motorist coverage. This coverage, called UM or supplementary uninsured/underinsured motorist (SUM) coverage under N.Y. Ins. Law § 3420(f), helps when the other driver has no insurance or lacks sufficient coverage.

How Long Does It Typically Take To Settle Rear End Accident Cases In New York?

It varies greatly. Simple claims might resolve in a few months, while complex cases involving serious injuries or disputes can take a year or longer. Factors like injury severity and whether the insurance company disputes fault significantly affect this timeline.

Injured In A Rear-End Collision? Call Raphaelson & Levine For A Free Case Evaluation

If you suffered injuries in a rear-end collision in New York, time is limited to protect your rights. Raphaelson & Levine has a proven track record of successfully handling rear end collisions. Our personal injury attorneys fight for New York accident victims like you.

Understanding your legal options after a car accident is crucial. We offer a free, no-obligation case evaluation to discuss your situation with an experienced New York City rear-end collision attorney.

Take the next step: Contact us today at (212) 268-3222 for a free consultation.