What to Do if a Car Hits You From Behind?

Being hit by a car from behind can be a surprising and painful experience. While a car crash from behind may seem minor at first, once the adrenaline wears off, those involved can find themselves suffering from severe pain.  Many individuals will experience neck pain, back pain, whiplash, and other soft-tissue injuries because of a rear-end crash. 

If someone hit your car from behind, taking action to secure your legal rights is essential. Drivers will want to make efforts to document what occurred during the accident and whether the other driver is to blame. A New York City car accident lawyer may provide critical legal support, helping you recover a fair settlement for your injury claim. 

​​What is a Rear-End Collision?

A rear-end collision occurs when the front of one car hits the back of another. There are various causes of car accidents from behind. Tailgating, distracted driving, speeding, faulty brake lights, and poor road conditions can all be contributing factors. Maintaining safe following distance, avoiding sudden stops, and practicing defensive driving can help to prevent these types of accidents.

Who’s at Fault in a Rear-End Collision?

Whether the front driver or the rear driver will be liable in a car accident will depend on the reason the collision occurred. For example, if Driver A was texting on their phone and didn’t see Driver B stop at a stop sign, hitting them, Driver A could be at fault. However, if Driver B was weaving in and out of traffic and “brake checked” Driver A, causing a collision, Driver B could be to blame. 

Since New York is a comparative-negligence state, drivers can share fault for an accident and still recover on their personal-injury claim. Whatever percentage of fault is assigned to the claimant will be deducted from any award. 

6 Things to Do if You Get Hit From Behind:

1. Check for Injuries and Call for Help
   Immediately following a hit from behind, you will want to check yourself and your passengers for any injuries. Ensuring your safety is the top priority. You should immediately call emergency services for assistance with any injuries and to secure the accident scene to prevent further harm.
2. Gather Crucial Evidence
   If you are well enough to document the scene, this can prove helpful for your insurance claim. Photos and videos of the accident scene and vehicle damage can shed light on what happened during the crash. Moreover, any photos of visible injuries can also show the extent of the harm caused.
3. Exchange Information With the Other Driver
   If you are able, you will want to exchange contact information and insurance information with the other driver. You will also want to try to collect any witness statements and contact information from eyewitnesses. This information may be useful later in the recovery process.
4. Involve the Police
   Filing a police report can serve as evidence that the accident occurred. Contacting law enforcement immediately after getting rear ended can help to document the accident scene and determine if any traffic laws were violated. This can be beneficial later when pursuing compensation.
5. Seek Medical Attention
   Seeking medical treatment not only secures your well-being, but also your legal rights. Medical records can show the extent of your injuries and prove that those injuries were related to the car accident and not some other incident. 
6. Report the Accident to Your Insurance Company
   New York is a no-fault state, meaning that drivers typically file a car-accident claim with their own insurance company. A car-accident attorney can help make an insurance claim and determine your legal options. If you have sustained a “serious injury” as a result of getting hit from the back, you may be able to sue the responsible driver for non-economic damages like pain and suffering.

How Do You Prove Fault in a Rear-End Collision?

As stated earlier, New York is a comparative-negligence state, so that means when car accident cases go to court, proving the other driver’s negligence is critical to recovering fair compensation. Some evidence that may be essential to prove fault includes:

• An accident report
• Photos and videos of accident scene
• Expert-witness testimony
• Photos of property damage
• Medical records
• Surveillance footage
• Eyewitness testimony

Working with an experienced lawyer can help you to build a solid case, proving liability and maximizing compensation. 

Protect Yourself if a Car Hits You From Behind – Consult a Lawyer!

“I got rear ended… now what?” A rear-end collision can leave drivers with totaled cars and a literal headache. Those involved may find themselves confused on how to make an insurance claim and what compensation they may be owed for their injuries. Consulting with an attorney can provide vital insight and valuable support. 

At Gregory Spektor & Associates, P.C., our personal injury lawyer is ready to help. Our attorneys can investigate the collision and the parties involved, and utilize their resources to determine fault and negotiate a fair settlement. We pride ourselves on our commitment to excellence and advocating for our clients. Contact us now for a free case evaluation.