Rear-end collisions happen all too often in Westchester County. From stop-and-go traffic on I-287 to busy intersections in White Plains, these accidents are a daily risk for drivers. While some rear-end crashes are minor fender-benders, others cause serious injuries and costly damage. If you’re involved in a rear-end collision, it’s important to understand how fault is determined and what steps you can take to protect your rights.
Why the Rear Driver is Usually at Fault
In most cases, the rear driver is presumed to be at fault. New York law expects drivers to maintain a safe distance from the vehicle ahead. If you hit someone from behind, it’s usually assumed you were following too closely or not paying enough attention.
However, there are exceptions. If the front driver made a sudden stop without warning—especially if their brake lights weren’t working—the rear driver might not be fully to blame. Other rare circumstances, like a car cutting into your lane abruptly or an unexpected road hazard, can also shift some of the fault.
Gathering Evidence in a Rear-End Crash
Proving what happened starts with strong evidence. Photos of the scene, damage to both vehicles, and any skid marks can be critical. Surveillance footage from nearby businesses or traffic cameras may also show what led to the crash.
Sometimes, accident reconstruction experts are brought in to analyze the damage and determine vehicle speeds and angles. Witness statements can also be powerful, especially if they confirm the front vehicle stopped suddenly or was acting erratically.
The sooner you gather this evidence, the better. Over time, road conditions change, vehicles are repaired, and memories fade.
Common Injuries and Damages
Rear-end collisions often cause neck and back injuries, like whiplash, herniated discs, and spinal strains. Even at low speeds, the sudden force can jolt the body unnaturally. Some people experience lingering pain, headaches, or even nerve damage after what seems like a minor crash.
Property damage to your vehicle can also be significant. Repair costs add up quickly, and in some cases, cars are totaled.
You have the right to pursue compensation for your injuries, lost wages, medical bills, and vehicle damage—but you need to prove the other driver’s fault and the extent of your losses.
Legal Rights for Victims in Westchester County
If you’ve been rear-ended in Westchester County, you don’t have to handle the insurance companies alone. At Gash & Associates, P.C., we can help protect your rights and build a strong case for full compensation. Our team will gather evidence, work with experts when needed, and negotiate aggressively on your behalf.
We understand the local courts, the insurance tactics, and what it takes to get results. If necessary, we’re ready to take your case to trial.
If you’ve been hurt in a rear-end collision, call us at (914) 328-8800 for a free consultation.
FAQ Section
Is the rear driver always at fault in New York?
Usually, but not always. If the front driver behaved unpredictably or negligently, fault can be shared.
Can multiple vehicles be involved in fault?
Yes. In chain-reaction crashes, more than one driver can share responsibility depending on their actions.
How do I prove I wasn’t responsible?
You’ll need strong evidence—photos, witness statements, and expert analysis can all help show you weren’t negligent.