In most rear-end car accidents, the driver of the vehicle that strikes the car in front is presumed to be at fault.
If you’ve suffered injuries in a rear-end car accident, you are probably dealing with a damaged vehicle, painful injuries, and the consuming stress of what to do next. The last thing you should have to worry about is trying to figure out who is at fault and deciphering complex legal rules while trying to recover.
At William Mattar Law Offices, we understand the turmoil you’re experiencing. Your well-being is our foremost concern. This is unfamiliar territory for you, but for our dedicated team of car accident attorneys, it is the only territory we navigate. We are here to be your guide, your advocate, and your support system through this difficult time. Let us help you understand the question of fault, so you can focus on what truly matters: your health and recovery.
Understanding the Legal Presumption in Rear-End Accidents
In New York, the law operates on a simple but powerful principle: every driver has a fundamental duty to see what is there to be seen and to maintain a safe following distance from the vehicle ahead. This means a driver should always leave enough space to react and stop safely if the car in front of them slows down or stops suddenly for any reason.
Because of this duty, when a rear-end collision occurs, there is a legal concept known as a rebuttable presumption or inference of negligence. This is a legal way of saying that the court will automatically assume the rear driver was negligent, or "at fault." It was their responsibility to control their vehicle and avoid the collision.
The insurance company for the driver who hit you knows this rule well. However, "presumed" is not the same as "guaranteed." The term "rebuttable" means that this assumption can be challenged with evidence. This is where an accident claim can become complicated, and it’s why having an experienced car accident lawyer on your side is so critical to protecting your rights.
When the Driver in Front Could Be Partially or Fully at Fault
While the rear driver is usually held responsible, there are specific situations where the driver of the lead vehicle can share in the blame, or even be found entirely at fault. Insurance companies will often seize on these exceptions to try and reduce the amount they have to pay you.
It's our job to investigate the crash thoroughly to determine if any of these circumstances apply and to build a case that accurately reflects what happened. Here are some exceptions where the lead driver might be considered at least partially negligent:
- Sudden and Unnecessary Braking (“Brake Checking”): If the driver in front of you intentionally and maliciously slams on their brakes for no reason, often in an act of road rage, they have created a hazard that no reasonable driver could anticipate.
- Reversing Unexpectedly: If the lead vehicle suddenly shifts into reverse, whether in a parking lot or in traffic, they would likely be at fault for causing the collision.
- Driving with Broken or Non-Functioning Brake Lights: Brake lights are a critical safety feature that signals your intention to slow down or stop. If the driver in front of you had faulty or non-working brake lights, you would have no warning that they were stopping.
- Pulling Out into Traffic Unsafely: If a driver pulls out from a side street, driveway, or parking spot directly into your path without leaving you enough time or space to stop, they could be held liable, even though you technically rear-ended them.
- Making an Illegal or Abrupt Lane Change: A driver who cuts you off by swerving into your lane without signaling or ensuring the lane is clear creates a dangerous and unavoidable situation.
- Vehicle Breakdown Without Proper Warnings: If a car breaks down, the driver has a duty to, if possible, move it to the shoulder and activate their hazard lights. If they fail to do so and simply leave the unlit vehicle in a lane of traffic, they can be found at fault.
As you can see, what seems like a simple, clear-cut case can have hidden details. Our experienced legal team knows exactly what to look for to ensure the story of your accident is told truthfully and that fault is assigned correctly.
How New York’s “Pure Comparative Negligence” Rule Affects Your Claim
New York State follows a legal doctrine called “pure comparative negligence.” This is a crucial concept to understand, as it can directly impact the compensation you receive.
In simple terms, comparative negligence means that more than one person can be found at fault for an accident. A court or insurance company will assign a percentage of fault to each party involved. Your total compensation award is then reduced by your percentage of fault.
Here’s an example: You are rear-ended at a traffic light. The investigation reveals that while the other driver was clearly following too closely (90% at fault), one of your brake lights was burned out (10% at fault). If your total damages are determined to be $100,000, your final compensation would be reduced by your 10% of fault, meaning you would receive $90,000.
Insurance adjusters are experts at using the comparative negligence rule to their advantage. They will look for any small detail to shift more of the blame onto you. They might ask leading questions like, “Were you distracted at all before the impact?” or “Did you stop a little more suddenly than usual?” Their goal is to get you to say something they can use to assign you a higher percentage of fault, thereby reducing their company’s payout.
This is one of the most important reasons to have an attorney in your corner. The attorneys at William Mattar P.C. can handle communications with insurance companies. We know their tactics, and we will protect you from these strategies, ensuring that your right to maximum financial compensation is preserved.
The Evidence We Use to Build Your Case
A successful personal injury claim is built on a foundation of strong, compelling evidence. After a traumatic accident, gathering this evidence can feel like an impossible task. That’s our job. The moment you hire William Mattar, our large, established team gets to work for you. We immediately begin a comprehensive investigation into your crash, preserving and collecting all vital details before they disappear.
Our attorneys and legal professionals will work to gather:
- The Official Police Report: This provides the responding officer’s initial observations, diagrams of the scene, and any citations issued.
- Photos and Videos of the Scene: We examine photos of the vehicle damage, skid marks on the road, traffic signals, weather conditions, and anything else that helps reconstruct the event.
- Eyewitness Statements: Independent witnesses can provide an unbiased account of what happened, which can be incredibly powerful in proving your version of events.
- Traffic and Surveillance Footage: We will canvas the area for any nearby businesses, traffic cameras, or homes with security systems that may have captured the accident on video.
- Cell Phone Records: If we suspect the other driver was texting or talking on the phone, we can legally request their phone records to prove distracted driving.
- Vehicle "Black Box" Data: Many modern vehicles have an Event Data Recorder (EDR) that captures data about the car’s speed, braking, and steering moments before a crash.
- Expert Testimony: In complex cases, we may work with accident reconstruction specialists who can use physics and engineering to scientifically prove how the collision occurred and who was at fault.
Don't let valuable time slip away. Each passing day could weaken your claim as evidence is lost and memories fade. Contact our experienced legal team to start working to maximize your recovery.
Common Injuries We See in Rear-End Accidents
Even a "minor" rear-end collision at low speed can exert immense force on the human body, causing serious and sometimes permanent injuries. At William Mattar, we have represented thousands of clients, and we understand that your injuries are more than just a medical diagnosis—they affect your ability to work, care for your family, and enjoy your life.
Some of the most common injuries include:
- Whiplash: This is a soft-tissue injury to the neck caused by the head’s rapid back-and-forth movement. It can result in chronic neck pain, stiffness, headaches, and dizziness that can last for months or even years.
- Back and Spinal Cord Injuries: The force of impact can cause herniated or bulging discs in the spine, leading to debilitating pain, numbness, and weakness. In severe cases, a spinal cord injury can result in paralysis.
- Traumatic Brain Injuries (TBIs): Your brain can be injured when your head strikes the steering wheel, window, or headrest, or simply from the violent jarring motion of the crash. A TBI can range from a "mild" concussion to a severe injury with long-term cognitive and emotional consequences.
- Shoulder, Knee, and Joint Injuries: Bracing for impact can often lead to torn rotator cuffs, dislocated shoulders, or dashboard knee injuries, where the knee forcefully strikes the dashboard.
- Broken Bones and Fractures: Wrists, arms, ribs, and legs are all susceptible to fractures during a rear-end crash.
Your health is the most important thing. After an accident, you should always seek medical attention, even if you feel fine. Some serious injuries may not show symptoms for hours or even days. A medical record is also crucial evidence for your personal injury claim.
Why Choose William Mattar Law Offices for Your Car Accident Claim?
People who know William Mattar Law Offices know: Hurt in a Car? Call William Mattar. This isn’t just a slogan; it’s our entire philosophy.
When William Mattar opened the doors to this law firm over 30 years ago, he had one goal in mind: to make a difference for people injured in motor vehicle accidents. This laser focus gives you, our client, an uncommon advantage. You don’t get a lawyer who dabbles in personal injury; you get a lawyer who is uncommonly practiced in exactly the type of case you have.
- Our Experience is Your Strength: With more than three decades of experience, we have a deep understanding of New York’s traffic and insurance laws. Our car accident attorneys have cutting-edge legal training and have successfully navigated thousands of cases, from straightforward collisions to the most complex multi-vehicle accidents.
- A Track Record of Success: Our focus and dedication have allowed us to help clients across New York State. We have the resources, knowledge, and determination to stand up to major insurance companies and fight for maximum compensation in your case.
- We Serve You, Wherever You Are: Since our firm was established in 1990, we have grown to serve clients throughout New York State. With our principal office in the Buffalo area (Williamsville) and intake locations in Albany, Rochester, Syracuse, New York City, and Long Island, we are here to help you no matter where your accident occurred.
- A Team Approach: When you hire William Mattar, you don’t just get one lawyer. You get the full support of our large, established team of legal professionals. From the moment you call, our intake specialists will guide you through the first steps, and our attorneys, paralegals, and support staff will work together on every aspect of your case.
After an accident, the last thing you should be worried about is how you’re going to pay for a lawyer. At William Mattar, we work on a contingency fee basis and are proud to offer the No Fee Until We Win℠.
This means that our car accident lawyers work on a contingency fee basis. We only get paid a legal fee if we successfully recover money for you. There are no upfront costs or out-of-pocket legal fees for you to worry about*. This allows you to get the top-tier legal representation you deserve, regardless of your financial situation. Our fee is a percentage of the settlement or award we obtain for you. Simply put, if you don’t get paid, we don’t get paid.
Reach Out with Our Trusted New York Car Accident Lawyers Today
You are going through one of the most stressful experiences of your life. You are in pain, you are worried about your future, and you are facing a powerful insurance company that does not have your best interests at heart. You do not have to do this alone.
Let us carry the legal burden for you. Let our experienced team handle the investigation, the paperwork, the phone calls, and the negotiations, so you can pour all of your energy into healing and putting your life back together.
The clock is ticking. Don't let valuable time slip away and risk weakening your claim. Contact William Mattar Law Offices today at (716) 444-4444 or through our online form for a free, no-obligation consultation. Put our large, established team to work for you.
We are available 24/7 to listen to your story and help you understand your options.