Rear-End Collisions: Who Is at Fault Under NY Law?
Rear-end accidents are one of the most common types of motor vehicle accidents in Erie County and across New York State. While they may seem routine, these accidents can cause serious injuries—whiplash being one of the most common—along with significant medical bills, lost wages, and pain and suffering. If you have been hurt in a rear-end collision, you may be entitled to substantial financial compensation.
Even though New York law includes a legal presumption about fault in rear-end accidents, you should never make absolute assumptions about who is responsible without a full investigation.
The Rear Driver Is Generally Presumed to Be at Fault
Under New York law, in most rear-end collisions, the driver of the trailing vehicle is presumed to be at fault. This presumption is based on the legal principle of negligence—meaning the driver failed to act as a reasonably prudent driver would under similar circumstances. A careful driver maintains a safe following distance and remains alert to changes in traffic, including slowing or stopped vehicles ahead.
However, this presumption is not absolute. The rear driver can present evidence to rebut the presumption and shift some or all of the blame to the lead driver. For example, the front driver may be found at fault if they:
- Suddenly cut in front of another vehicle.
- Braked unexpectedly and unreasonably without warning.
To overcome the presumption, the rear driver must provide convincing evidence supporting their version of events. This could include:
- Eyewitness testimony from people who saw the accident.
- Analysis from an accident reconstruction expert.
- Photos of the accident scene and vehicle damage.
- Video footage from dashcams, traffic cameras, or nearby businesses.
Without such evidence, the rear driver is likely to be held liable, and attorneys working on a contingency fee basis may be reluctant to take on their case due to the uphill battle involved.
Why Front Drivers Also Need a Car Accident Lawyer
If you were the driver in the front vehicle and were injured, you might assume your case is straightforward. However, the insurance company for the other driver may try to reduce or deny your claim by alleging that you stopped short, changed lanes unsafely, or otherwise contributed to the accident. These allegations can directly impact whether you receive compensation—and how much.
An experienced car accident attorney can protect your rights, gather the necessary evidence, and push back against unfounded claims. Even when liability seems clear, insurance companies often try to settle for far less than your claim is worth. A skilled lawyer knows how to negotiate for full and fair compensation for your medical expenses, lost income, and pain and suffering.
Contact Erie County Car Accident Lawyers at Dan Chiacchia Injury Attorneys
If you have been injured in a rear-end collision, our Erie County car accident lawyers at Dan Chiacchia Injury Attorneys are ready to help. We have the experience and resources to stand up to insurance companies and pursue the compensation you deserve. Call us today at 716-648-3030 or fill out our online contact form to schedule your free case review. Our Hamburg, New York office proudly serves clients throughout West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.
