At Davis, Saperstein & Salomon, P.C., we understand the seriousness of rear-end collisions.
When you are in a car that is hit from behind by another driver, it can cause you and all of the car’s occupants to be violently thrown forward and then rapidly backward – even when you are wearing seat belts and the other car is moving at a slow speed. You can readily suffer any number of injuries, including whiplash, lacerations, brain trauma or airbag injuries.
It is also highly likely that your rear-end car accident was entirely avoidable. In particular, the driver who hit you may have failed to maintain a safe following distance from your car.
If you or a loved one has been injured in such a rear-end collision, you may be eligible to file a claim through your own insurance policy or against the driver of the car that caused your crash. By taking legal action, you may be able to recover funds that can pay for your car damage, medical expenses, lost income, pain and suffering and other losses.
That is why it is important to contact an experienced car accident lawyer without delay.
At Davis, Saperstein & Salomon, P.C., we can provide you with a free and confidential review of your case. Our meetings are available in person (including home and hospital visits) or by phone, Skype, FaceTime or GoToMeeting. To learn more, call us today at 1-800-LAW-2000 or submit our online form. We do not charge attorney’s fees unless we are successful in your case.
Causes of New Jersey Rear-End Collisions
In addition to the other driver failing to maintain a safe following distance – commonly called “tailgating” – there may have been several other reasons why your rear-end collision occurred. These causes include:
- Rapid acceleration – When a driver speeds up faster than the lead vehicle in front of him, the rear driver will crash into the front vehicle.
- Distracted driving – If a driver is paying attention to his cell phone, his music system, passengers or anything other than the road, he may not notice that the driver in front has stopped.
- Stopping short – A lead driver may slam on the brakes unexpectedly, causing the driver in the rear to crash into him. (However, if the driver in the back is at a proper distance, they should have enough time to react to the emergency situation.)
- Speeding – A driver who is going too fast for the road conditions or for the posted speed limit may be unable to stop before hitting the car in front. The faster the speed, the longer it takes for a vehicle to brake.
- Sun glare – A driver who cannot see what’s ahead because of the sun may fail to reduce their speed.
- Brake failure – A manufacturer should be held accountable if brakes fail due to a design or manufacturing defect. Drivers also have a duty to make sure their car is properly maintained, including the car’s brakes.
These rear-end accidents can occur anywhere, at any time – especially when a driver stops short on the road or when a driver is tailgating. However, some of the most common locations for rear-end collisions include red lights and intersections, especially those linked to a camera. Accidents at these locations can happen when the lead driver comes to a stop, and the driver behind fails to do so because he is going too fast or isn’t paying attention or in situations where the rear driver begins to drive from a stopped position before the driver in front does.
Who is Responsible for Rear-End Collisions?
Because the driver in the rear is expected to leave enough room to stop, that driver almost always is held responsible in rear-end collisions – even if the driver in front does stop short.
You should be aware that the New Jersey Department of Motor Vehicles says that the proper following distance is one car length (20 feet) for every 10 mph traveled. However, drivers are advised to allow more space in bad weather or when traveling at high speeds.
Also, in New Jersey, judges generally follow and apply the law as set forth in a 1969 Supreme Court of New Jersey decision, Dolson v. Anastasia, 55 N.J. 2 (1969). In that case, the Court stated that the failure to maintain a reasonably safe distance behind the car ahead is negligence, and a jury should be so instructed.
Get Help from Our New Jersey Rear-End Collision Lawyers Today
If you have suffered serious injury or lost a loved one due to a rear-end collision caused by another driver, it’s important to get legal help right away in order to begin collecting evidence and to better your chances of recovering maximum compensation.
The car accident lawyers and staff of Davis, Saperstein & Salomon, P.C., are here to help you. Since 1981, we have assisted people throughout New Jersey and New York who were injured by the carelessness of others.
Call us today at 1-800-LAW-2000 or submit our online form to schedule a free and confidential review of your case.