Motorists must “not follow another vehicle more closely than is reasonable
and prudent, having due regard for the speed of such vehicles and the
traffic upon and the condition of the highway.” This is what
New York Vehicle and Traffic Law Section 1129 states. Nonetheless, many rear-end collisions happen because one vehicle
was following another vehicle too closely.
Experienced Poughkeepsie, New York car accident attorneys know that the offending motorists in these types of situations, where
a law is violated, can be found negligent as a matter of law if the victim
sues that driver for negligence.
Of course, following too closely is just one of many things that lead to
rear-end collisions. Distracted driving causes rear end collisions. So
too do drowsy driving, texting while driving, speeding, and fooling around
in the car. Since these actions will also violate New York laws, injured
motorists may find it easier to collect compensation during a lawsuit.
But what if the offending driver was not issued a citation? What if there
is no proof that a law was violated? Does it mean that the victim cannot
sue? No, it does not. Even if a statute is not proved to have been violated,
a bad New York driver can still be found negligent.
Negligence does not happen on purpose; it happens when someone fails to do something
or does something that should not have been done when a duty is owed to
another person. In New York, all drivers owe a duty of reasonable care
to other roadway users. Vehicles must be operated with the reasonableness
and prudence that any other normal driver would use given the circumstances.
When this duty is violated, negligence has occurred. People injured by
this negligence can sue the offending drivers for compensation when damages
Sure, insurance and the No-fault laws of New York State may cover some
of the losses. But what if the victim’s injuries are serious and
the cost of medical care astronomical? A lawsuit might be the only way
for accident victims to recover money for medical bills, lost wages, pain
and suffering, and the like.
If you think that rear-end collisions is something from which you are immune,
think again. Over two and a half million instances of rear-end collisions
are reported every year in the United States of America. It is reasonable
to suspect that many more go unreported.
At the very least, many of these accidents will cause the victim to suffer
whiplash. This is a serious condition and can persist for a very long.
Some victims will have greater injuries.
Learn more about the common types of car accidents in
our latest article posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.