The concept that rear end collisions are always the fault of the following vehicle is a fallacy. While it is true that the law of vehicular control does normally result in the driver of the trailing vehicle being largely at fault, this is not always the case. Drivers who are leading a string of vehicles can also stop purposely or perform driving maneuvers in violation of the rules and regulations of the road. Every accident case in the state of New York is still evaluated for fault, even though the state is a “no fault” auto accident state. All drivers and their injured passengers will file claims with their personal auto insurance company first, and any compensation that can be claimed beyond the limits of the personal insurance policy could be subject to additional claims with the insurance company of the other negligent drivers. Even a simple accident case can be complicated, and it is always essential to have an experienced attorney like Levitsky Law Firm Brooklyn NY collision accident attorneys representing the case when whole damages are being sought.
All New York auto accidents are investigated by law enforcement and an official report will be filed. The information on the report will be used by all legal representatives and insurance companies in determining insurance coverage. However, the report findings are not the final decision on who is at fault. The report is a basic description of what happened. Final determination of fault comes following a hearing when a case goes to court.
Accidents that result in a negligence claim based on fault usually happen when an insurance provider is attempting to avoid paying the claim. Even in a pure comparative negligence state like New York, this can amount to a significant reduction in settlement payouts. This means that any injured victim pursuing whole damages will need solid legal representation for full compensation regardless of positioning in an accident.
Just because you were struck from the rear in a collision does not mean the following driver is totally at fault for the accident. Cases can be complicated. New York residents should always contact Levitsky Law Firm Brooklyn NY collision accident attorneys for comprehensive representation.