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Legal Inquiry: Rear-ended on Bronx's Grand Concourse

This legal question related to Automobile accident attorneys in New YorkNew York has been answered.


I was rear-ended while stopped at a traffic light on the Grand Concourse in the Bronx. Can the driver behind be at fault?

Last Tuesday around 3:30 PM, I was stopped at a traffic light on the Grand Concourse in the Bronx when, without any warning, I felt a sudden jolt and realized a car had crashed into the back of my vehicle. From our conversation and from a few witnesses, it was apparent that the driver behind me was distracted, probably texting. My vehicle suffered significant damage, and I've been experiencing neck pain since the accident. I've always heard that in a rear-end collision, the person in the back is automatically at fault. However, I'm wondering if there are any exceptions to this rule. What kind of lawyer should I seek for this type of case? How can I be certain of the quality of the lawyer and the likely costs involved?

Commonly posted questions...

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1 week 6 days ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of New York. If the response is inadequate, please submit a detailed inquiry.

Rear-end Collisions and Liability in New York

Understanding who is at fault in a rear-end collision is essential to determine liability and potential compensation. While it's commonly understood that the rear driver is typically at fault in these situations, there can be exceptions. Factors such as road conditions, sudden stops without cause, or even the front car's brake lights not working can play into determining fault.

Relevant Statutes and Resources

Potential Solutions

  1. Document Everything: Photographs of the scene, witness statements, and medical reports can be beneficial.
  2. Seek Medical Attention: Even if injuries seem minor, they can worsen over time.
  3. Consult with a Personal Injury Lawyer: An attorney experienced in auto accidents can help ascertain fault, guide you through the process, and potentially get you compensation. You can compare lawyers in your area to find the right fit.

Pricing for Legal Services in the Bronx

Service Average Cost
Initial Consultation $150 - $300
Case Evaluation $500 - $1,000
Representation (without trial) $3,000 - $7,000
Representation (with trial) $7,000 - $15,000

Note: These are ballpark figures and can vary based on the complexity of the case, the lawyer's reputation and experience, and other factors. Some lawyers work on a contingency fee basis, especially in personal injury cases, meaning they only get paid if you win.

Additional Information Needed

While your situation is clear, having more specific details would help in providing a more accurate course of action.

Would you be able to provide more information on:

  1. The extent of the damages (both personal injury and to the vehicle)?
  2. Whether the police were called and if there's a police report?
  3. Any past medical conditions that might be exacerbated by this accident?

Q1: Are there circumstances where the front driver is at fault in a rear-end collision?

In some situations, if the front vehicle's brake lights were not functioning, or if they made an unpredictably sudden stop without reason, they could be found partially at fault. However, these scenarios are exceptions rather than the rule.

Q2: How is compensation determined?

Compensation is usually determined based on the extent of injuries, damage to the vehicle, lost wages, and other related expenses. An experienced lawyer can help calculate potential compensation.

Q3: What's the statute of limitations for such cases in New York?

In New York, you typically have three years from the date of the accident to file a personal injury lawsuit. However, it's best to consult with an attorney for specifics.

Q4: How important is a police report in such cases?

A police report can serve as an important piece of evidence, especially if it clearly states the fault. However, even without it, a case can still be made based on other evidences.

Q5: Are there any other types of insurances that can cover my medical bills?

New York is a no-fault state, meaning your own car insurance's Personal Injury Protection (PIP) can cover your medical bills irrespective of who was at fault. However, this can be subject to policy limits.

Car Insurance Impact

Insurance Company Average Premium Before Accident Average Premium After Accident Percentage Increase
State Farm $1,500/year $1,850/year 23%
GEICO $1,400/year $1,800/year 28%
Progressive $1,600/year $2,080/year 30%
Allstate $1,700/year $2,125/year 25%

Note: These rates are approximate and can vary based on factors like driving history, age, and location. Typically, after an accident, premiums can rise. Among the listed companies, Progressive seems to have the highest rate of increase, while State Farm has the least. It's essential to compare rates and consider factors other than price, such as customer service and claim satisfaction, when choosing an insurance provider.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Legal Inquiry: Rear-ended on Bronx's Grand Concourse" has been changed 2 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of New York & area of law: Automobile accident attorneys.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

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