Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Rusk, Wadlin, Heppner & Martuscello, LLP Celebrating 150 years

New York Rear-End Collision Lawyer

You are stopped at a stoplight minding your own business when suddenly a car smashes into you from behind.  You are thrown around your seat, your car is damaged in the back seat, your passengers are bruised by their seatbelts.  Rear-end collisions are among the most common forms of car crashes.  While many rear-end collisions happen at low speeds, they can still be dangerous and leave lasting health effects.

If you have been hurt in a rear-end collision in the Hudson Valley, you might be entitled to compensation.  The seasoned car accident attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP, are ready to investigate the circumstances of your crash, build a case, and ensure that you and your family get the recovery you deserve.  Give us a call if you were hurt anywhere in the Hudson Valley area, including Kingston, Goshen, Marlboro and Ulster.

Who is at Fault After a Rear-End Collision?

The conventional wisdom here is actually correct: When a rear-end collision occurs, it is nearly always legally the fault of the driver in the rear.  Drivers are expected to keep vigilant while on the road and maintain sufficient distance from the cars in front of them.  Drivers should generally be able to respond to a vehicle in front of them suddenly stopping by hitting the brakes or getting out of the way safely.  Cars may make sudden stops when a hazard suddenly appears in the road, such as a pet, a child or a foreign object, and drivers should avoid tailgating so they have time to properly respond.

The rear vehicle is not, however, always at fault.  If a driver stops suddenly on the freeway for no good reason, or because they were not paying attention to the road (due to drowsiness, intoxication, distraction, or some other cause), they may share fault.  Moreover, if the collision was actually caused by a third party–such as if another car ran through a stop sign or red light, causing a vehicle heading the other direction to suddenly stop and wind up in a rear-end collision–then that third party may share the blame.  Even if the rear driver was partially to blame, the amount they owe in damages could be offset by the portion of fault shared by the third party or the driver in the front car.

Whiplash Injury in Rear-End Crashes

One of the most common injuries that arises from rear-end collisions is whiplash.  Whiplash occurs when a person’s torso and head are whipped in different directions, causing the neck to experience undue strain from extension and constriction.  Whiplash is likely to be suffered by drivers and passengers in the front car that is struck in the rear by another vehicle.

Whiplash can cause a number of painful and debilitating symptoms, including:

  • Chronic neck pain and stiffness
  • Fatigue
  • Headache
  • Shoulder, arm, and back pain
  • Burning or tingling sensation
  • Memory loss
  • Vertigo and dizziness
  • Limited range of motion

Whiplash injury can occur even in low-speed “fender-benders,” such as when two vehicles collide in a parking lot or garage.  Due to the physics involved in the whipping motion, a person’s head can travel up to 2.5 times the speed of the vehicles involved.  Even if the vehicles do not appear damaged, drivers and passengers may have suffered serious injury.  If you have been involved in a rear-end collision, see a doctor as soon as possible to find out if you have whiplash.

Call an Effective New York Car Crash Lawyer for Help After Your Hudson Valley Rear-End Collision

For a free consultation on your rear-end car crash claim, contact the dedicated car accident attorneys at the New York personal injury law firm Rusk, Wadlin, Heppner & Martuscello, LLP, in Kingston at 845-331-4100 or in Marlboro at 845-236-4411.

Share This Page:
Facebook Twitter LinkedIn
Skip footer and go back to main navigation