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The Scaffold Law · Absolute Liability

Rear-End Collision Lawyer in New York City

Rear-end collisions are the most common type of motor vehicle accident in New York City — and the legal framework, though usually clear, hides traps that injured drivers often don’t anticipate. The presumption of fault against the rear driver is real but rebuttable. The injuries from low-speed rear-ends are routinely worse than they appear at the scene.

Amparo Law Firm represents drivers and passengers injured in rear-end collisions across NYC.

In New York, the rear driver in a rear-end collision is presumed to be at fault. The presumption is rebuttable — the rear driver can offer a non-negligent explanation — but in most rear-end cases, liability is established and the case turns on damages.

NY no-fault PIP applies. The serious injury threshold under §5102(d) determines whether you can recover for pain and suffering.

 

  • Whiplash and cervical injuries. Low-speed rear-ends routinely produce cervical injuries that take months to fully present.
  • Herniated discs. Lumbar and cervical disc herniations from the impact mechanism.
  • Closed-head injuries / TBI. Even without striking the head, the acceleration mechanism can produce concussion and post-concussion syndrome.
  • Knee injuries from instinctive braking and impact.
  • Wrist and forearm injuries from gripping the wheel during impact.
  • Soft tissue injuries that can develop into chronic pain syndromes.

 

A worker discharged from the ER with a sprain/strain diagnosis sometimes turns out, over MRI workup, to have surgical disc pathology.

Same categories: medical, lost earnings, pain and suffering (subject to threshold), loss of consortium.

Prior results do not guarantee a similar outcome.

 

Commercial vehicle rear-ends

When the rear vehicle is a delivery truck, taxi, rideshare, or other commercial vehicle, the available insurance is typically much higher. Commercial fleets often carry $1M+ liability policies.

Rideshare driver rear-ends

If you were a passenger in an Uber or Lyft when the rear-end happened — or if a rideshare driver rear-ended you — the rideshare $1M policy likely applies.

Multi-vehicle pile-ups

Pile-ups change the analysis. Each driver’s responsibility for each impact is analyzed separately.

Service Area
High-Incident Intersections
Bedford Ave & N 7th St
L-train hub
Metropolitan & BQE on-ramp
Highway access
Broadway & Roebling
Pedestrian-heavy
Williamsburg Bridge approach
Cyclist mix
Driggs Ave & Grand
L-train hub Rear-end zone

If you were rear-ended in a New York accident, call us today.