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Who Is At Fault In A Rear-End Accident?

/ Car Accident, Motor Vehicle Crashes /

BUFFALO, N.Y. – Rear-end collisions are the most common type of car accident, accounting for 29% of all motor vehicle accidents in the U.S. according to the National Highway Traffic Safety Administration (NHTSA). Our best car accident lawyers in Buffalo say they’re also among the most common collisions in New York City.

With bustling streets full of pedestrians and slowly-moving cars, a driver who loses focus for just one second can instigate a rear-end crash. Although the stakes are higher in a high-speed rear-end accident, the driver of the front vehicle can withstand significant losses at nearly any speed. It’s important to work with a rear-end accident lawyer in Buffalo to help you determine who was at fault for your accident so that you may receive the appropriate financial recovery.

Common Causes of Rear-end Accidents in Buffalo

Driver negligence is the top cause of rear-end collisions. Negligence can take several forms, including:

  • Following too closely
  • Distracted driving (texting, fumbling with the radio, talking on a hand-held phone)
  • Aggressive driving
  • Fatigued driving
  • Speeding
  • Driving under the influence

Although human error is behind most auto accidents, conditions outside of one’s control may also provoke rear-end collisions. Some examples may be:

Proving Negligence in a Rear-end Accident

The fact that a rear-end accident took place when a vehicle was stopped shows evidence of negligence that may be used against the rear driver. Under New York law, striking a stopped or parked vehicle establishes a prima facie case for the rear driver’s negligence and presumes no negligence occurred on the part of the front driver, freeing him from blame.

In a prima facie case, the immediate evidence is sufficient to prove a particular fact unless the defendant can rebut it. The defendant must provide an explanation for the crash which shows that he was not acting negligently when he struck the vehicle in front of him. The defendant must provide evidence to support his explanation.

An attorney can conduct a thorough investigation of your accident to show the court that the at-fault party drove negligently. Your attorney can file a Motion for Summary Judgment, which is a request for the court to rule that the other party has no case. A judge may determine that the offending party is 100% responsible for the damages. If so, you may recover additional funds outside of your own auto insurance policy.

Hiring a Competent Buffalo Car Accident Lawyer

When you work with a dedicated car accident lawyer in Buffalo, you work with someone who has made a career out of studying and applying all local and state traffic laws. When choosing a lawyer, make sure he or she thoroughly understands Buffalo, NY traffic laws and the Traffic Laws of the State of New York. Familiarity with traffic legislation in New York is imperative to ensure that you can obtain a full recovery.

At Cellino & Barnes, we have helped many clients recover much-needed compensation for rear-end accidents. We strive to gain what you are entitled to by law to help you cover the costs of:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Emotional suffering

Other damages may also be possible. Call or contact our firm for a free personal injury consultation. We’ll put our best car accident lawyers in Buffalo on your case so you can rest assured that you’ll get fair compensation.

Cellino & Barnes (800) 888-8888

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